1. Definitions and Interpretation
Mondays to Fridays, excluding English Bank and public holidays.
“Data Protection Laws”
means the EU Data Protection Directive (Directive 95/46/EC), the Data Protection Act 1998 and Electronic Communications (EC Directive) Regulations 2003 and any other data protection laws and regulations, orders and any codes of practice, guidelines and recommendations issued by the Information Commissioner’s Office or any replacement or equivalent body, as amended and in force from time to time.
"Force Majeure Event"
an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, explosions, fires, floods, riots, terrorist attacks and wars).
"Intellectual Property Rights"
all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs).
Macro People Ltd a company incorporated in England and Wales with registration number 10702942 and its registered office at 29 Oldfield Road, Windermere, England, LA23 2AZ.
means the tokens used to play the sasensei.com Game.
means an account provided by Macro People which enables a User:
means the game that Users may play on the sasensei.com Site, which involves demonstrating their domain experience by submitting questions, answering questions and passing tests.
means then-current rules relating to the awarding and use of Tokens, and the benefits associated with accruing minimum number of Tokens, which are available on the sasensei.com Site. The sasensei.com Rules may be amended from time to time by Macro People with immediate effect.
means Macro People’s proprietary web portal at sasensei.com that may be accessed by Users to access and use their sasensei.com Account.
unless cancelled earlier in accordance with clause 11, the period starting on the User Start Date and ending on the date on which the sasensei.com Account is cancelled by either the User or by Macro People.
means site credits gained by a User in accordance with the sasensei.com Rules.
means the person identified as such in a User Application.
an application by the User for a sasensei.com Account, submitted by the User using the sasensei.com Site.
means all data contributed to the sasensei.com Site, or otherwise provided by the User to Macro People. For the avoidance of doubt, “User Content” includes data that is removed by the User at any time following its publication on the sasensei.com Site.
“User Personal Data”
means any User Content which constitutes or includes Personal Data.
“User Start Date”
means the date on which Macro People accepts the User Application or, if later, the date on which Macro People provides the User with log in details to enable the User to access the sasensei.com Site and use the sasensei.com Account.
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
2. sasensei.com Account
2.1 Macro People shall promptly provide to the User login details for the sasensei.com Site to enable the User to access and use the sasensei.com Account.
2.2 Macro People grants to the User a non-exclusive licence to access and use the sasensei.com Account for the User’s private, non-commercial purposes during the Term.
2.3 The licence granted by Macro People to the User under clause 2.2 is subject to the following:
(a) the User must not (without written approval) sub-license his or her right to access and use the sasensei.com Account to any third party, or use the sasensei.com Account to provide any commercial services or any other benefit to any third party;
(b) the User shall use reasonable endeavours, including implementing reasonable security measures relating to his or her account access details, to ensure that no unauthorised person gains access to the sasensei.com Account;
(c) the User must not use the sasensei.com Account in any way that causes, or may cause, damage to the sasensei.com Site or which impairs or may impair the availability or accessibility of the sasensei.com Account; and
(d) the User must not use the sasensei.com Account:
(i) in any way that is unlawful, illegal, fraudulent or harmful; or
(ii) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2.4 For the avoidance of doubt, the User has no right to access the software code (including object code, intermediate code and source code) of the sasensei.com Site, either during or after the Term.
3. User Content
3.1 The User grants to Macro People a non-exclusive, perpetual, irrevocable, royalty-free licence:
(a) to copy, reproduce, store, distribute, publish, post, remove, export, adapt, edit, translate, and to create derivate works from, the User Content;
(b) to aggregate the User Content with content and other data provided by other users of the sasensei.com Site, and to provide such aggregated data to third parties on a commercial basis; and
(c) to authorise others to exercise the rights granted to Macro People under 3.1(a) and 3.1(b), including on a commercial basis,
in each case throughout the world and in any form or media.
3.2 The User agrees that Macro People may:
(a) review and verify any User Content, or any other information transmitted or received via the User’s sasensei.com Account; and
(b) refuse to post, amend or delete any User Content, including where Macro People considers (in its absolute discretion) that the User or the User Content is in breach of any of the warranties set out in clause 6.2.
4. Intellectual Property Rights
4.2 All Intellectual Property Rights in all materials generated or otherwise created by Macro People, solely or jointly with any person, in the course of making the sasensei.com Account available to the User shall vest or remain vested in Macro People.
(a) modify the sasensei.com Account in such a way that they no longer infringe the relevant Intellectual Property Rights; or
(c) if neither of the options set out in (a) or (b) are commercially or technically practicable, cancel the User’s sasensei.com Account.
4.4 Subject to Macro People’s rights under the licence granted under clause 3, all Intellectual Property Rights in the User Content shall vest and remain vested in the User.
4.5 The User agrees to indemnify Macro People, its officers, agents, partners and employees from any and all claims or damage, including reasonable legal fees, made by third parties due to, or arising out of the User Content, the licence granted to Macro People under clause 3, or the User’s use of the Macro Accounts Site.
6.1 Each party warrants to the other party that:
6.2 The User warrants and represents to Macro People that:
(a) the User Content:
(i) is the User’s own, original work, and (without limitation) is not copied or derived from the work of any third party;
(ii) is true and accurate in all respects, and not misleading;
(iii) is not abusive, vulgar, discriminatory, sexually explicit, violent, obscene, hateful, fraudulent, unlawful, threatening, harassing or defamatory or discloses private or personal matters concerning any person;
(iv) does not impersonate any person or entity, include their email address or name, or falsely state or otherwise misrepresent your affiliation with anyone or entity;
(v) does not post or transmit any spam, advertising, promotional materials or other forms of solicitation;
(vi) does not post or transmit any file that contains viruses, corrupted files, Trojan Horses, keystroke loggers, time bombs, worms, spyware, adware or any contaminating or destructive features that may damage someone else's computer or affect its operation; and
(vii) post or transmit any material that is in any way contrary to any applicable law or which constitutes an infringement of another person's proprietary rights or a breach of any contractual or fiduciary obligation (including the unauthorised posting or transmission of any copyright work or confidential information); and
(i) breach the provisions of any law, statute or regulation;
(ii) infringe the Intellectual Property Rights or other legal rights of any person; or
(iii) give rise to any cause of action against Macro People,
in each case in any jurisdiction and under any applicable law.
7. Acknowledgements and warranty limitations
7.2 The User acknowledges that complex software is never entirely free from security vulnerabilities; and Macro People gives no warranty or representation that the sasensei.com Account will be entirely secure.
8. Data protection
8.1 Macro People and the User agree that, for the purposes of Data Protection Laws, the User is the Data Controller and Macro People is the Data Processor of the User Personal Data.
8.3 Macro People will, at all times:
(b) have in place appropriate technical and organisational security measures so that User Personal Data is protected against unauthorised or unlawful processing and against accidental loss, destruction or damage;
(d) it will process the User Personal Data in compliance with all applicable laws.
8.4 Macro People warrants that it will:
(a) promptly carry out any request from the User to amend, transfer, delete or return the User Personal Data;
(c) immediately notify the User in the event of a request for disclosure of User Personal Data by a law enforcement authority or any communication from any supervisory or government body or any notice or request from an individual in relation to the User Personal Data; and
(d) not transfer User Personal Data outside the EEA unless it has the prior written consent of the User.
9. Limitations and exclusions of liability
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
(a) are subject to clause 9.1; and
9.3 Macro People shall not be liable to the User in respect of:
(a) any losses arising out of a Force Majeure Event; or
(b) any loss of profits or anticipated savings; or
(c) any loss of revenue or income; or
(d) any loss of use or production; or
(e) any loss of business, contracts or opportunities; or
(f) any loss or corruption of any data, database or software.
9.4 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
10. Force Majeure Event
(a) promptly notify the other; and
(b) inform the other of the period for which it is estimated that such failure or delay will continue.
11.1 The User may cancel their sasensei.com Account at any time, for any reason and with immediate effect.
11.2 Macro People may cancel the User’s sasensei.com Account at any time, for any reason and with immediate effect
12. Effects of cancellation
(a) delivered personally or sent by courier, in which case the notice shall be deemed to be received upon delivery; or
(b) sent by recorded signed-for post, in which case the notice shall be deemed to be received two (2) Business Days following posting; or
(c) sent by email using, in the case of Macro People, the contact form at https://sasensei.com/contact or, in the case of the User, the email address set out in the User Application.
provided that if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
13.2 Macro People’s contact details for notices under this clause 13 are as follows:
29 Oldfield Road
Attn: Mr Allan Bowe
13.3 The addressee and contact details set out in clause 13.2 may be updated from time to time by Macro People by posting a change of address and contact details on the sasensei.com Site.
16. No waivers
19. Law and jurisdiction