Sigma Science – Terms of Licence and Use
This Agreement details the licence we grant you and governs your use of Sigma Science. By accessing Sigma Science you are agreeing either yourself or on behalf of your establishment to the terms that appear below whether you or your establishment have purchased or another party, for example only your Local Authority, is paying for the subscription.
THE MAIN POINTS
For those who haven’t got time to read the fine print, the main points of our Terms and Conditions are these:
1. Sigma Science is a paid for service and we’ll do our best to provide you with an excellent service for as long as you subscribe to it.
2. It is not permitted to share your login details with anyone who is not covered by the terms of your subscription to Sigma Science.
3. The contents of Sigma Science are covered by our copyright. Please don’t share them without our permission.
4. We’ll do our very best to make sure that everything on Sigma Science is accurate and virus free, but this doesn’t amount to a legal warranty.
5. We’ll do our best to sort out any problems you have with Sigma Science, but our financial liability for any consequent damage will be limited to the amount of your subscription fee.
6. We’ll do our best to make sure Sigma Science is running as close to 100% of the time as we can, but we won’t be liable for any financial claims which may occur as a result of the non-availability of Sigma Science.
7. It’s your responsibility to make sure that all users use Sigma Science lawfully. If anyone brings a lawsuit against us as a result of content that you, your teachers or pupils create as a result of using Sigma Science, you as the subscriber will be responsible for the costs and damages.
THE FINE PRINT
These are our legally binding Terms and Conditions.
1. Provision of Service
1.1 The Sigma Science website and (where applicable) the Sigma Science software applications (both website and software applications referred to in this document as “Sigma Science”) are owned by Sigma Science Ltd. Company number OC348458 (“Sigma Science”), whose registered office is at 33 Halsnead Close Liverpool, L15 8GA.
1.2 You will receive access to Sigma Science following either payment, or agreement to pay whether verbally or in writing if offered credit terms, for the period of your subscription. Sigma Science Ltd. agrees to provide you with reasonable support by telephone or email during normal working hours for the purpose of assisting you to maintain your access to Sigma Science.
1.3 These terms and conditions (including any documents referred to within them) contain all the terms on which we provide Sigma Science to you. They supersede any prior promises, representations, undertakings or implications made.
1.4 Where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.
1.5 Your Subscription begins on the day that you receive PayPal, email or fax notification via Sigma Science. It is your own responsibility to ensure that the details are passed on to the relevant person at your school or other establishment to facilitate access to Sigma Science.
1.6 The fee for your subscription (the “Fee”) is calculated on the anniversary of the start of your subscription every two years (unless otherwise stated) and payable by such method of payment as Sigma Science requests. Sigma Science shall be under no obligation to provide Sigma Science until the Fee has been paid. Your subscription will renew only if you confirm whether verbally or in writing that you wish it to do so and agree to make payment of the Fee. If you fail to pay the Fee for any subsequent two year cycle Sigma Science may suspend your access to Sigma Science until your Fee is paid.
1.7 On registration you or your establishment will be allocated unique login details. You are responsible for all use of Sigma Science using your logins and for preventing unauthorised use of your login. You must ensure that any user you pass the login details onto complies with the terms of this Agreement and all reasonable user terms made available on Sigma Science.
1.8 If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your login, you must notify Sigma Science immediately by emailing [email protected]
1.9 You may use Sigma Science on all computers on all networks within the purchasing establishment, and on all home computers of teachers who are for the time being teachers at the purchasing establishment.
1.10 You may not rent or lease access to Sigma Science and you may not provide access (or allow any other person to provide access) to Sigma Science on any other computer (except as expressly permitted in paragraph 1.9 above).
1.11 If Sigma Science reasonably believes that your login is being used in any way which is not permitted by this Agreement, Sigma Science reserves the right to cancel access rights immediately on giving notice to you and to block access from your login.
2. Ownership of Copyright
2.1 SigmaScience (including any images, designs, photographs, animations, video, audio, music and text incorporated into SigmaScience) is owned or licensed by Sigma Science and is protected by United Kingdom copyright laws and international treaty provisions. All material displayed on Sigma Science belongs to or is licensed by Sigma Science. Subject to clause 2.2 you may retrieve and display Sigma Science on a computer screen, print individual pages on paper and store files on your internal server for your internal educational non-commercial purposes that comply with this agreement.
2.2 You may not use any of the templates contained within Sigma Science or any documents created from them for use as part of any electronic or printed product.
2.3 With the exception of any clip art contained within any designated Sigma Science clip art library, you may not download any images contained within Sigma Science for your own use.
2.4 You may not (without prior written permission from Sigma Science):
2.4.1 redistribute any of the Content (including by using it as part of any library, archive or similar service);
2.4.2 modify, reproduce or in any way commercially exploit any of the Content.
2.4.3 reverse engineer, decompile, or disassemble Sigma Science.
3.1 Sigma Science will use its reasonable skill in making Sigma Science available to you and in ensuring its continuing availability during your Subscription. However because of the nature of the Internet and computer software and hardware, errors and omissions do occur and Sigma Science does not give any other warranties in respect of Sigma Science. In particular, you should not take the accuracy of the information for granted and Sigma Science makes no warranty that Sigma Science is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
4. Limitation of Liability and Indemnities
4.1 The Sigma Science website is provided on an “as is” and “as available” basis, and to the maximum extent compatible with the law, without warranties or representations of any kind as to merchantability, non-infringement or fitness for any particular purpose.
4.1 Sigma Science will use its reasonable endeavours to resolve faults in Sigma Science during the Subscription. You agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur up to an amount equivalent to the Fee actually paid or payable in relation to your use for the relevant term of Sigma Science. During any trial period, your only remedy will be to terminate your use of Sigma Science.
4.2 To the maximum extent permitted by applicable law, in no event shall Sigma Science be liable for any damages which arise out of the use or inability to use Sigma Science (including, without limitation, damages for the loss of business profits, business interruptions, loss of business information, or other pecuniary loss), even if Sigma Science has been advised of the possibility of such damages. In any event entire liability to you under this Agreement or with regard to Sigma Science shall be limited to the amount actually paid for Sigma Science in your most recent subscription fee payment.
4.3 If anyone brings a claim, lawsuit or other proceeding against Sigma Science based on the content you or your pupils create using Sigma Science, you agree to indemnify and compensate Sigma Science including its officers, directors, employees and agents for any and all losses, liabilities, damages or expenses, including lawyers’ fees, incurred by Sigma Science in connection with any such claim, lawsuit or proceeding.
5. Intellectual property rights
We are the owner, or the licensee, of all intellectual property rights on our website and the material and works published on the website. Copyright laws protect the material and works. All such rights must be respected.
You may not modify, reformat, copy, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this website without obtaining permission, in writing, from Sigma Science. You may print off copies, display copies and download extracts from any of the content on our website for your personal, educational and non-commercial use or reference and you may draw the attention of others to the content of our website.
6. Personal Data
6.1 The following provisions exist to ensure compliance with the Seventh Principle contained in Part II of Schedule 1 of the Data Protection Act 1998 (“the Seventh Principle”). In supplying us with personal data you will be considered to be a “Data Controller” within the meaning of the Data Protection Act, in processing such data, we will be considered to be a “Data Processor”. In processing all such data:
6.1.1 We our servants and agents will take all reasonable necessary steps to comply with the Seventh Principle.
6.1.2 We will provide information to you as to our technical and organisational security measures governing the processing and storage of data to be carried out, and will continue to keep you updated in respect of any significant changes to such arrangements.
6.1.3 We will not transfer any of your data outside the European Economic Area, except at your request.
6.1.4 We shall only carry out those actions in respect of the personal data processed on your behalf as are expressly authorised by you.
6.1.5 We will not subcontract any of its rights or obligations under this agreement without your prior written consent.
6.1.6 Where we, with your consent subcontract any of our obligations under this agreement, we shall do so only by way of a written agreement with the subcontractor that imposes the same obligations in relation to the security of the processing on the subcontractor as are imposed on us under this agreement.
6.1.7 If you give us instructions that are, in our judgment incompatible with the proper running of our operations, we will be at liberty to refuse to continue to provide data processing services to you.
6.1.8 We agree that we shall maintain the personal data processed by us on behalf of you in confidence. In particular, subject to paragraph 5.2.9 below, we agree that, save with your the prior written consent we shall not disclose any personal data supplied us for or on behalf of you to any third party.
6.1.9 Nothing in this agreement shall prevent either party complying with any legal obligation imposed by a regulator or court.
6.1.10 Following termination of your subscription, the Processor shall at the direction of the Controller destroy all personal data unless prohibited from doing so by law.
Sigma Science photographs and uses its own images as well as a selection of images from the following public-domain image websites.
If there are any images that are identified as not being within the public domain and subject to copyright then these will be removed and replaced.
8. Jurisdiction and Variation
Last modified: 14/04/2014