Terms and conditions
The Website is provided to you by Moodscope Limited, a company registered in England under company number 06905318, whose registered office is at St John's Innovation Centre, Cowley Road, Cambridge, CB4 0WS
If you have any questions about the Website or wish to resolve a complaint in relation to the Website, please contact Customer Support at [email protected]
2. Changes to Moodscope.com
The Website is owned and operated by Moodscope and any use that you or others make of the Website is subject to these terms and conditions. Moodscope may at any time make changes to the Website (including adding or removing any content or feature) or alter these Terms and Conditions.
If you continue to use the Website after any change to these Terms and Conditions, you are deemed to accept the change. Be sure to review these Terms and Conditions periodically to make sure you are familiar with the most up-to-date version.
3. Use of the Website
Anyone is entitled to view any non-password protected parts of the Website and Moodscope members are entitled to view their own password protected part of the Website. All information contained therein is to be used for their own purposes, provided:
3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.
3.2 except to the extent necessary to access and use the Website in accordance with these Terms and Conditions, no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of Moodscope.
Moodscope cannot guarantee availability of the Website at all times and reserves the right to suspend access to the Website at any time (for example for security reasons). If you breach these Terms and Conditions, Moodscope may immediately suspend or terminate your access to the Website without notice.
4. Registration and your account.
When you register at this Website, you will be asked for your email address and a password.
IT IS IMPORTANT THAT YOU REMEMBER YOUR LOGIN AND PASSWORD AND YOU SHOULD KEEP YOUR LOGIN AND PASSWORD IN A SAFE PLACE OFFLINE.
We will use your login and password to identify you when you return to our Website. If you forget your login or password, you will not be able to access your Member account. We recommend you print a copy of your registration details since it records this information.
You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: immediately notify Moodscope of any unauthorised use of Your Account or any other breach of security. Moodscope will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.
We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorised access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. Moodscope disclaims responsibility for all negligent acts that may result in disclosure of your personal information.
To use the Moodscope Essential or Moodscope Plus Services on a monthly basis, you must become a Subscriber and pay the fees that are set out in the price list located within the Moodscope site. This price list is part of your contract with us.
For your convenience, we will automatically renew your subscription when your current term comes to an end. The period of the auto-renewal of any subscription shall be the same as the period of initial subscription, unless otherwise disclosed to you at the time of purchase. Any charges made in connection with recurring payments or automatic renewals shall be made at the rate that was in effect at the time of original purchase of the service, unless we notify of a change you before such charge is made.
A yearly payment option is available for Moodscope Plus. This payment is not a subscription and will not be automatically renewed.
If you wish to cancel your subscription, please use the cancellation facility in the Manage Account section on the Moodscope web site before your renewal date.
When a subscription is cancelled your account will revert back to the Moodscope Lite Free Service.
No refunds will be given.
6. Proprietary Rights
"Moodscope", "Moodscope.com", Moodscope Limited are business names and/or trade marks of Moodscope. You are not permitted to make any use of these names without the prior written consent of Moodscope.
You acknowledge that the intellectual property rights in the Website (including all materials published on the Website) are owned by or licensed to Moodscope. You will not acquire any rights in relation to the Website and such materials apart from those expressly set out in these Terms and Conditions.
You may retrieve and display the content of the Website on a computer screen (or WAP or interactive TV enabled device), store it in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of it for your personal, non-commercial use only. You shall not otherwise copy, modify, adapt, sublicense, translate, sell, distribute, transmit, display, perform, licence, reverse engineer, decipher, decompile or otherwise disassemble or create derivative works from any the Website or any content of the Website or cause or permit others to do so.
Moodscope reserves the right, but has no obligation, to monitor the materials posted in any area of the Website. Moodscope shall have the right but not the obligation to remove any material which in Moodscope's opinion might be in breach of these Terms and Conditions or any applicable law, or unsuitable for posting on the Website. The opinions, advice, statements, offers or other information or content posted by other users are those of those users and not Moodscope. Users alone are entirely responsible for such material and you should be careful before relying on it.
Under no circumstances will Moodscope be responsible for any loss or damage resulting from your reliance on material posted by other users of the Website.
7. Linking, framing and metatags
You may hyperlink to the Website provided you link to the Moodscope.com home page. You may not "deep link" to or "frame" any page of the Website and may not "mirror" the Website without our prior written permission. You must not use metatags or code or other devices containing any reference to Moodscope or the Website (or any part of it) to direct any person to any other website for any purpose.
The Website may contain links to other websites or resources. Moodscope does not control, review or endorse any other websites or resources. You acknowledge that Moodscope shall not be held responsible for them or for any loss or damage that may arise from your use of them.
8. Viruses, hacking and other offences
You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. Moodscope will report any such breach to the relevant law enforcement authorities.
It is prudent for all users of the internet to ensure that their computers are protected by up to date anti-virus software. Moodscope will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your hardware, software, data, information or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
The content on this site is designed to monitor your mood over time and if you decide to do so to share your scores with others who may be able to support you. However, it is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or psychological condition. Never delay seeking professional treatment or advice because of anything you may have read on this site. If you think you may have a medical emergency, call your doctor or the emergency telephone operator immediately.
10. Warranty and indemnity
You warrant to Moodscope that you will not use the Website, its contents or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trade marks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. You shall indemnify Moodscope, its employees and agents, against all claims, liability, losses, damages and expenses (including legal fees) arising out of or incurred as a result of any claims made, or litigation brought, against Moodscope, its employees and agents, as a direct result of your use of the Website, its contents or any part thereof.
11. Limitation of liability
Except for implied warranties and conditions that cannot be legally excluded, Moodscope does not give and hereby disclaims any warranties and conditions with regard to the Website and any services supplied via or in relation to the Website, whether express or implied (including any implied warranties and conditions of satisfactory quality or fitness for a particular purpose). In no event shall Moodscope be liable to you for any indirect, punitive, special, incidental, or consequential damages whatsoever arising out of or in any way connected with your use of the Website, the performance or unavailability of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or any information, materials or services obtained through the Website.
These Terms and Conditions are governed by English law. In the event of any dispute regarding these Terms and Conditions or any matter related to the Website you irrevocably agree to submit to the exclusive jurisdiction of the English Courts. However, this shall not prevent Moodscope from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
Failure or delay by Moodscope in exercising any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.
If any provision of these Terms and Conditions is held invalid, the remaining provisions shall continue in effect.
A person who is not party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions. This shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Moodscope shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.