Terms & Conditions
Here’s our Terms and Conditions. We are delighted to welcome you as a user/customer and thank you for choosing our services.
Within this document we have detailed important legal terms that will apply to any person who visits our website and/or uses our services or downloads our App. These terms are to protect everyone. Sentio Media offers a number of services and part of the terms detailed might not be relevant to the specific services you use.
In these terms the following expressions have the following meanings:
“App” or “Application” means the software applications provided by Sentio Media which shall be available to the customer;
“Business Day” means any day other than Saturday or Sunday that is not a bank or public holiday;
These terms and conditions are the contract between you and Sentio Media Limited (“us”, “we”, etc). By visiting or using our Website www.myschoolapp.co.uk, or signing up for our services, you agree to be bound by them.
We are Sentio Media Limited, a Company registered in England and Wales under registration number 8771105. Our registered office is 2 Manor Farm Court, Old Wolverton Road, Old Wolverton, Milton Keynes. MK12 5NN and our office address is 25 Shenley Pavilions, Chalkdell Drive, Shenley Wood MK5 6LB. Our VAT number is 178 7461 60.
Email address – email@example.com
You are: Anyone who uses our website or buys from us.
Sentio Media Limited offers an platform which provides online and mobile services and tools, to let you create and maintain your own mobile app presence.
1.1. Legal Agreement
1.2. User/Organisation Account
By using our services, you affirm your consent to these terms. You may not use our services if you do not consent to all of our terms.
To use our services, you must provide all relevant contact information to create a user account. You should keep your username and password protected and safe, and only allow people you trust to access your account or mobile app settings. All activities that occur under your user account or mobile app are your responsibility.
The account information you provide us must be your own (or your organisations) and be accurate and complete.
The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of this Agreement.
To use any of the Sentio Media tools and services you must confirm:
- you are at least eighteen (18) years of age, or of the legal age as required by your jurisdiction, and possess the legal authority, right and freedom to enter into the Sentio Media Terms and to form a binding agreement, for yourself or on behalf of the person or organisation committed by you to the Sentio Media Terms;
- you are not a resident of (or will use the Sentio Media Services) in a country that the UK government has embargoed for use of the Sentio Services, nor any other applicable trade sanctioning regulations;
- your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
- you understand that Sentio Media does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;And specifically regarding your User Content:
- you own all rights in and to any content uploaded by you to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
- the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Sentio Media and/or your End Users to use or possess in connection with the Sentio Media Services;
- you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
Keeping your account secure
If anyone other than yourself accesses your User Account and/or any of your User settings, they may perform any functions available to you, make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
As a result, we strongly advise that you keep the log-in credentials of your User Account confidential, and only allow such access to people you trust. You will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorised by you, and for any damages, expenses or losses that may result from such activities.
Ownership of your account
You must provide accurate and complete information when registering your User Account and using Sentio Media Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your full company/organisation contact and billing details, including a valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party. Among others, we may consider the principles set forth below.
Please carefully review these principles and consider adapting your practices accordingly, to ensure that what you believe to be “your” User Account and/or User Platform remains as such:
- Sentio Media will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Sentio Media Service, as the person or entity who has access to the e-mail address then listed in Sentio Media records for such User Account under which such User Platform or User Content was created.
- Notwithstanding the forgoing, Sentio Media shall have the right to determine the ownership of User Content and/or a User Website/Mobile App as it chooses, including by ignoring the indications set forth above, in the event that Sentio Media deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Sentio Media.
2. Your Obligations
2.1. You undertake and agree to:
- fully comply with all applicable laws and any other contractual terms which govern your use of the Sentio Media Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
- be solely responsible and liable with respect to any of the uses of the Sentio Media Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Sentio Media Services);
- regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
- allow Sentio Media to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Sentio Media’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Sentio Media or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
- Sentio Media’s sole discretion as to the means, manner, and method for performing the Sentio Media Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
- Sentio Media shall have the right to offer the Sentio Media Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Sentio Media Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
2.2. You agree and undertake not to:
- copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the mySchoolApp Website, the Sentio Media Services (or any part thereof), any Content offered by Sentio Media or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Sentio Media’s prior written and specific consent and/or as expressly permitted under the Sentio Media Terms;
- submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Sentio Media or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light;
- publish and/or make any use of the Sentio Media Services or Licensed Content on any website, media, network or system other than those provided by Sentio Media, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Sentio Media Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Sentio Media, in advance and in writing;
- use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Sentio Media Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Sentio Media Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Sentio Media Services;
- act in a manner which might be perceived as damaging to Sentio Media’s reputation and goodwill or which may bring Sentio Media into disrepute or harm;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Sentio Media/mySchoolApp or Sentio Media/mySchoolApp Marks and/or variations and misspellings thereof;
- impersonate any person or entity or provide false information on the Sentio Media Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Sentio Media and/or any End Users;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Sentio Media or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
- reverse look-up, trace, or seek to trace another User of Sentio Media Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Sentio Media Services and/or User Platform without their express and informed consent;
- disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Sentio Media Services, User Platform, the account of another User(s), or any other systems or networks connected to the Sentio Media Services, by hacking, password mining, or other illegitimate or prohibited means;
- probe, scan, or test the vulnerability of the Sentio Media Services or any network connected to the Sentio Media Services;
- upload to the Sentio Media Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any of Sentio Media’s Services or Sentio Media’s systems or networks connected to our Services, or otherwise interfere with or disrupt the operation of any of the Sentio Media Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- use any of the Sentio Media Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
- sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Sentio Media Services, except as expressly permitted by the Sentio Media Terms;
- remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Sentio Media Services and/or Licensed Content; or
- violate, attempt to violate, or otherwise fail to comply with any of the Sentio Media Terms or any laws or requirements applicable to your use of the Sentio Media Services.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
3. Content and Ownership
3.1. Your Intellectual Property
As between Sentio Media and you, you shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. Sentio Media does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to upload your content to our platform, including cloud services and Content Delivery Networks, to make display adjustments and perform any other technical actions required.
3.2. Sentio Media’s Intellectual Property
All rights, title and interest in and to the Sentio Media Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website and mobile app templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Sentio Media Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Sentio Media Limited.
Subject to your full compliance with the Sentio Media Terms and timely payment of all applicable Fees, Sentio Media hereby grants you, upon creating your User Account and for as long as Sentio Media wishes to provide you with the our Services, a non-exclusive, non-transferable, non-sub licensable, fully revocable, limited license to use our Services and Licensed Content, for the purpose of generating and displaying your content to End Users and offering any User Products and services therein, solely as expressly permitted under the Sentio Media Terms, and solely within our Service.
The Sentio Media Terms do not convey any right or interest in or to Sentio Media’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Sentio Media Terms constitutes an assignment or waiver of Sentio Media’s Intellectual Property rights under any law.
3.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to any Sentio Media Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Sentio Media Limited. By providing such Feedback to Sentio Media, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Sentio Media Limited any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
5. Service Fees
5.1. Paid Services
The use of certain Sentio Media Services may be subject to payment of particular fees, as determined by Sentio Media Limited in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Sentio Media Limited will provide notice of such Fees in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Sentio Media Limited reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Sentio Media Limited shall have the right to automatically and without notice renew your subscription to such Sentio Media Limited Service(s) at the full applicable Fee. In circumstances where your subscription is not automatically renewed, Sentio Media Limited reserves the right to apply the full applicable fee to any new contract entered into between you and Sentio Media Limited.
All Fees shall be deemed to be in GBP, except as specifically stated otherwise in writing by Sentio Media Limited. To the extent permitted by law (and unless specified otherwise by Sentio Media Limited in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Sentio Media Services, or to any payments or purchases made by you. If Sentio Media Limited is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Sentio Media Limited is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorise Sentio Media Limited (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any investigations Sentio Media Limited or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
5.3. Subscription Renewals
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, you must ensure that any subscription is renewed by you prior to any existing subscription period ending. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Services you use (whether or not such Sentio Media Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Sentio Media Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Sentio Media Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Sentio Media Limited in relation to the discontinuation of any Sentio Media Services or Third-Party Services, for whatever reason.
5.4. Cooling off period
If you are not satisfied with the Sentio Media Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) business days of having first ordered or activated such Sentio Media Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Sentio Media Services. The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Sentio Media Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Sentio Media Limited receives such notice within such Refund Period, Sentio Media Limited will refund to you the amount charged for such Sentio Media Services, in the currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. Sentio Media will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Sentio Media Services actually received, as permitted by law.
Please note: Certain services purchased on or through the Sentio Media Services may be non-refundable. These include Third Party Services such as third party business tools and applications. The terms of each purchased service or application are indicated on the mySchoolApp Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Sentio Media Limited will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Sentio Media or mySchoolApp account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Sentio Media or mySchoolApp Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it at the sole discretion of Sentio Media Limited, and any data contained in such User Account, including any content, uploaded detail, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the Sentio Media Services will not resume until you re-subscribe for any such Sentio Media Services, and pay any applicable Fees in full, including any fees and expenses incurred by Sentio Media Limited and/or any Third Party Services for each Chargeback received (including Fees for Sentio Media Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Sentio Media Limited, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Sentio Media Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Sentio Media Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorise the transaction and make use of the services rendered thereafter.
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Sentio Media Services at any time, in accordance with the instructions available on the Sentio Media or mySchoolApp Services website and/or platforms. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Sentio Media Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. No Fees paid in respect of Paid Services shall be refunded where a cancellation request is submitted prior to the end of that subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
6.2. Cancellation by Sentio Media Limited
Failure to comply with any of the Sentio Media Terms and/or to pay any due Fee shall entitle Sentio Media to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Sentio Media or mySchoolApp Services (e.g., Paid Services) or Third Party Services to you.
No Fees paid in respect of Paid Services shall be refunded in cases where Sentio Media Limited feel it appropriate to suspend or cancel your user account.
6.3. Loss of Data, Content and Capacity
If your User Account or any Sentio Media or mySchoolApp Services or Third Party Services related to your User Account are cancelled (whether at your request or at Sentio Media’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any app name reservation or registration that was included in such Services (“Capacity Loss”). Sentio Media shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply for re-activation of a User Account and/or any Sentio Media or mySchoolApp Services following their cancellation, as determined by Sentio Media in its sole discretion.
The Sentio Media Services may also include certain features which enable you to sell goods, content, media and services through your User Platform (“User Products”, and collectively – “E-Commerce”).
8. Misconduct and Copyrights
8.1. Misconduct and Abuse
When using the Sentio Media Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Sentio Media Limited with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Sentio Media Services, please immediately report such User and/or Third Party Service to us via firstname.lastname@example.org You agree that your report shall not impose any responsibility or liability upon Sentio Media Limited, and that Sentio Media Limited may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via email@example.com, the following information will be required in writing: (1) the contact details of the person authorised to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Sentio Media Limited to locate the material (specific app name and content); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the owner of a copyright that is allegedly infringed.
9. Disclaimer of Warranties
We provide the Sentio Media Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Sentio Media Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Sentio Media Services – so please be sure to verify those before using or otherwise engaging them.
Sentio Media Limited may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Sentio Media Limited be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Sentio Media Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Sentio Media Limited shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Sentio Media Services and/or connecting and/or dealing with any Third Party Services through or in connection with Sentio Media Services, and that Sentio Media Limited cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Sentio Media does not recommend the use of the Sentio Media Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
You understand and agree that certain Sentio Media Services may still contain software bugs, suffer disruptions and not operate as intended or designated.
10. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Sentio Media Limited, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Sentio Media Services; (3) any unauthorised access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Sentio Media Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Sentio Media Services; (6) events beyond the reasonable control of Sentio Media Limited, including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms or any other adverse weather conditions, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Sentio Media Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Sentio Media Limited’s services to you, and such limitations will apply even if Sentio Media Limited has been advised of the possibility of such liabilities.
12.1. Changes & Updates
Sentio Media Limited reserves the right to change, suspend or terminate any of the Sentio Media Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Sentio Media Services (including removal of any materials created by you in connection with the Sentio Media Services) for any reason and/or change any of the Sentio Media Limited Terms with or without prior notice – at any time and in any manner.
You agree that Sentio Media Limited will not be liable to you or to any third party for any modification, suspension or discontinuance of those Sentio Media Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Sentio Media Services without enabling such changes, or provide you with alternative Services.
12.2. Governing Law & Jurisdiction; Class Action Waiver
The Sentio Media Limited Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Sentio Media Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Sentio Media Limited Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of England and Wales.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in England and Wales.
Subject to any applicable law, all disputes between you and Sentio Media Limited shall only be resolved on an individual basis and you shall not have the right to bring any claim against Sentio Media Limited as a claimant or a member of a group, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
We may provide you with notices in any of the following methods: (1) via the Sentio Media Services, including by a banner or pop-up within the mySchoolApp Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Sentio Media Limited’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The Sentio Media Limited Terms, and your use of the Sentio Media Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Sentio Media Limited and you.
12.5. Entire Agreement
Sentio Media Limited may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Sentio Media Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Sentio Media Limited. Any attempted or actual assignment thereof without Sentio Media Limited’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 12.6 shall not in itself grant either Sentio Media Limited or you the right to cancel any Sentio Media Services or Third-Party Services then in effect.
12.7. Severability & Waivers
If any provision of the Sentio Media Limited Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Sentio Media Limited Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.