These are the general terms and conditions for use of www.knee-monitor.com (the Site). The Site is operated by Vicon Motion Systems Limited (Vicon), a private limited company incorporated and registered in England with company number 01801446 and whose registered office is at 6 Oxford Pioneer Park, Yarnton, England, OX5 1QU. Vicon’s VAT number is GB 768 351 891.
Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them. If you do not agree to these terms, you must not use the Site.
It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. Vicon may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with Vicon. You must ensure that any registration details you provide are accurate.
If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of Vicon’s security procedures, you must treat such information as confidential and not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify Vicon immediately of any unauthorised use or other security breach of which you become aware or if you know or suspect that someone has gained unauthorised access to your log-on ID or other confidential information.
Vicon reserves the right to disable any log-on ID, at any time, if in Vicon’s opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
You may retrieve and display content from the Site on a computer screen, print individual pages and, subject to section 3 below, store such pages in electronic form, for non-commercial use only. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged and you must not modify any paper or digital copies that you make or use any image or graphic separately from accompanying text.
You may also download the software and firmware that is, from time to time, made available and expressly intended for download from the Site, subject always to the applicable licence terms that will be displayed at the point of download. Additional terms may also apply to other features, parts or content of the Site, and where they apply, will be displayed before you access the relevant features, parts or content.
You may use our site only for lawful purposes. You may not use the Site:
You also agree, except to the extent expressly set out in these terms and conditions:
Where consent to link to the Site is given:
All intellectual property rights in any material (including text, graphics, video, photographs and other images, sound, trade marks and logos) contained in the Site is owned by Vicon or its licensors.
Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by Vicon or its licensors and you acknowledge that you do not acquire any ownership rights by downloading material from the Site. You are only allowed to use the Site and the material contained in the Site as set out in these terms. You are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or any material copied or printed off from the Site.
Vicon may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk. Vicon tries to make sure that all information contained on the Site is correct, but it is not intended to amount to authority or advice on which reliance should be placed. You should check with Vicon or the relevant supplier before acting on any information on the Site. Vicon makes or gives no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, Vicon accepts no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on any content of the Site.
You understand that Vicon cannot and does not guarantee that any content of the Site will be free from bugs, viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
These content standards apply to any and all material which you contribute to the Site (Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. Vicon will determine, in its discretion, whether a Contribution breaches these Content Standards.
A Contribution must:
A Contribution must not:
The Site may make chat rooms, message boards and/or news groups and other areas available to its users (collectively Forums). Vicon does not control the information and other material posted to Forums (collectively Contributions) and the Forums are not actively moderated. You are solely responsible for the content of your Contributions as posted by you and acknowledge that all Contributions express the views and opinions of their respective authors, and not those of Vicon.
Whilst Vicon does not pre-screen Contributions, Vicon reserves the right (which may be exercised in Vicon’s sole discretion without notice) to delete, edit or modify any Contribution (in whole or in part) posted by you and/or to close any topic at any time.
The use of any of our Forums by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use a Forum that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any Forums should be made aware of the potential risks to them.
Complaints about Contribution content must be sent to firstname.lastname@example.org and must contain details of the specific Contribution giving rise to the complaint.
When using the Forums, you must:
By posting any Contribution, you are granting Vicon and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Contribution (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Contribution. You warrant to Vicon that any Contribution you post does comply with the content standards set out in these terms and agree to indemnify and hold Vicon harmless from all claims, costs and expenses incurred by Vicon arising out of any Contribution as posted or published by you in breach of these terms and conditions.
If you are a registered user and you upload or submit any material (whether in the form of emails, messages or file attachments) via the Site, you warrant that:
Any material uploaded or submitted which does not comply with these requirements will be deleted immediately. All other material will usually be deleted after 90 days of being uploaded or submitted. You agree that Vicon will not be responsible if any material that you upload or submit is lost, corrupted or deleted and agree that you are responsible for keeping back-up copies of such material.
Any content you upload to the Site will be considered non-confidential and non-proprietary. By uploading or submitting any material, you are granting Vicon and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt and translate such material (in whole or part) to the extent necessary for Vicon to provide the support services you have requested. You agree to indemnify and hold Vicon harmless from all claims, costs and expenses incurred by Vicon arising out of any material uploaded or submitted by you in breach of these terms and conditions.
You acknowledge and agree that Vicon may preserve and/or disclose any material that you upload or submit (including your identity): (a) for the purposes of properly providing the support services; and/or (b) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with a legal process, enforce these terms, respond to claims that any material infringes the rights of any third party, or protect and defend the rights, property, or personal safety of Vicon, any of its affiliates, the Site or its visitors.
Vicon reserves the right in our discretion to suspend or terminate your ability to upload or submit material or to remove any posting you make on the Site if you fail to comply with the above content standards or breach any of the provisions of these terms and conditions and, where appropriate in accordance with applicable laws, to report such conduct to the appropriate authorities.
If you are a registered user, please note that the provision by Vicon of support services, whether through the Site or otherwise, is subject to the terms of your support agreement with Vicon, in addition to any relevant provisions of these terms and conditions.
The Site may, from time to time, include links to external sites and co-branded pages. Vicon has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Vicon is not responsible for the content of these sites and pages or for anything provided by them and does not guarantee that they will be continuously available. The fact that Vicon includes links to such external sites does not imply any endorsement of or association with their operators.
Vicon may suspend or terminate the operation of the Site, or certain of its features, parts or content, at any time. There may also be times when the Site, or certain of its features, parts or content, become unavailable, whether on a scheduled or unscheduled basis. You agree that Vicon will not be liable to you or to anyone else for any withdrawal, modification, unavailability, suspension or discontinuance of the Site or any of its features, parts or content. Access to or use of the Site will not necessarily be uninterrupted or error-free.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Vicon may change these terms and conditions from time to time by displaying the revised terms and conditions on the Site. You should check these terms and conditions each time you revisit the Site.
These terms and conditions form the entire understanding between you and Vicon and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Vicon may delay enforcing its rights under these terms and conditions without losing them. You may not assign or transfer any or all of your rights or obligations under these terms and conditions.
These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that Vicon reserves the right to bring proceedings to protect our intellectual property rights before any competent court.