Last updated: July 2013
The Prelude Character Analysis site is designed to be an interesting, helpful and educational resource. Our aim is to provide high quality information and content for personal development and understanding interpersonal dynamics. The site and its resources should used at your own discretion and with a common sense approach as, whilst it may give a useful perspective, the Prelude Character Analysis cannot take account of specific circumstances. It is not designed as a medical or a recruitment test or to be the sole basis of any life decisions but as a useful starting point for discussion. If you are experiencing emotional or psychological difficulties or would like help with life choices then you should seek advice from an appropriate professional and support from friends and family.
Please read these Terms carefully before you start to use the Service. We shall rely on these Terms in offering the Service for use and by accessing and using the Service you will be indicating that accept these Terms and that you agree to adhere to the Terms. If you do not agree to these Terms, please do not use the Service.
If you choose to use the Service, that use may also be subject to any additional guidelines or policies applicable to the Service which we post on the Service from time to time. These rules are expressly incorporated into these Terms.
1.1 The Service is operated by Prelude Consulting Limited, an English registered company (under Company No. 2962326) and we have our registered office and main place of trading at 7 Park Farm, Witham Road, Black Notley, Essex, England, CM77 8LQ. Our VAT number is 623186843.
1.2 If you have any enquiries of any nature about the Service, please email us at firstname.lastname@example.org providing the details of your enquiry. We shall consider all enquiries and respond to each by email.
2.1 To use the Service you must be at least 18 years old and legally capable of entering into a contract.
2.2 You may only use the Service through means which you manually control and not by means of any automated device.
3. Using the Service.
3.1 The Service consists of the Prelude Character Analysis consists of the Prelude Character Analysis online assessment and other tools and educational information on personality and related fields which we make available online. All features, tools, resources or content which we make available as part of the Services are subject to these Terms. We may amend, add, remove modify, suspend or discontinue any part or all of the Service temporarily or permanently at any time in our sole discretion with or without notice to you. You agree that we shall not be liable to you or any third party for any such change to the status of the Service.
3.2 By completing the Character Analysis online assessment using the Service you are stating that you are agreeing to these terms.
3.3 On subscribing for the Service you must provide accurate, current and complete information as required by the Service. We may suspend or terminate refuse any use of the Service (or any part of it) if we suspect that any information you provide is inaccurate, not current or incomplete. We shall not be liable for any loss or damage arising from your failure to comply with this clause.
3.5 You acknowledge and agree that we may disclose data if required to do so by applicable law or otherwise in our good faith belief that such disclosure is reasonably necessary to:
3.5.1 enforce these Terms;
3.5.2 comply with any applicable law;
3.5.3 respond to claims that any activity violates the rights of third-parties; or
3.5.4 protect our interests or those of other Users.
3.6 Where you comment, share information or post media to the Service, directly or via social media, (“User Content”). This will be published publicly on the site and can be read, used or collected by anyone. You, and not we, are solely responsible for all User Content. As we do not control the User Content we do not guarantee the accuracy, integrity or quality of such User Content.
3.7 We do not pre-screen User Content, but retain the right (but not the obligation) in our sole discretion to refuse or remove at any time for any reason any User Content that is proposed to be or is made available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of any User Content. We reserve the right to terminate or restrict access to any or all of the User Content at any time without notice for any reason whatsoever.
4. Acceptable Use
4.1 You shall not use the Service for any illegal or unlawful purpose or for any of the following purposes:
4.1.1 to upload, store post, publish, distribute, disseminate, send or otherwise transmit spam, viruses, Trojan horses, worms or other unsolicited or malicious messages or code;
4.1.2 for denial of service attacks, mail bombing or similar;
4.1.3 to interfere with or disrupt the Service or servers or networks connected to the Service;
4.1.4 attempting by any means to disguise the origin of any User Content made available through the Service;
4.1.5 harming minors;
4.1.6 to publish, send or store materials which you know to be or which might reasonably be considered to be obscene, threatening, defamatory, discriminatory, infringing or in contravention of any person's rights at law, under contract or otherwise;
4.1.7 impersonating any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.1.8 collecting, storing, or distributing personal data about without the consent of the individual to whom the personal data relates; or
4.1.9 engaging in commercial activities that we deem inappropriate.
4.2 You shall not at any time gain or attempt to gain unauthorised access to or use of the Service, or disrupt or attempt to disrupt their normal operation or assist or procure any third party to do any such thing. You shall not decompile, derive the source code of, reverse engineer or disassemble the Service or use any such thing in any way that is not expressly permitted by these Terms (including to produce competitive products or services).
4.3 You shall not:
4.3.1 license, sublicense, rent, lease, loan, sell, resell, transfer, assign, transmit, display, distribute, grant a security interest in, otherwise attempt to transfer any right in or otherwise commercially exploit the Service in whole or in part or make the Service available to any third party in any way without our prior written consent;
4.3.2 store, copy, modify or make derivative works based upon the Service;
4.3.3 create Internet "links" to the Service or "frame" or "mirror" any part of the Service on any other server or wireless or Internet-based device; or
4.3.4 copy any ideas, features, functions or graphics of the Service.
5.2 Your use of the Service may be terminated by you or us, without cause, with immediate effect. We, in our sole discretion, may also terminate your use of the Service forthwith if we believe that you have violated or acted inconsistently with these Terms.
6. Third Party Websites
6.1 Where the Service contains links to other websites and resources provided by third parties, these links are provided for your information only, as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We have no control over the contents of those sites or resources, and accept no responsibility for them or their contents or for any loss or damage that may arise from your use of them. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such website or resource
7. Intellectual Property
7.1 Content received by you from us through the Service may be displayed, and printed by you for your personal, and commercial use. The Service may contain images, artwork and other data some of which is on licence from its copyright owners. You are not permitted to download or use any material from the Service or use such material other than for display on the Service unless such materials are clearly attributed to us as the source and the Prelude Character Analysis logo is displayed on all such materials in a consistent manner with the placement and display of Prelude Character Analysis logo on the Service where such materials are sourced.
7.2 We grant you a personal, non-transferable and non-exclusive right and licence to:
7.2.1 use our trade names, trademarks and logo (as applicable) in accordance these Terms;
7.2.2 use the object code of the Service on a single computer that temporarily accesses the Service provided that you do not (and do not allow any third party to): copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code in the Service; otherwise modify the Service in any manner or form; or attempt to access the Service by any means other than through the interface that is provided by us to you for use in accessing the Service;
and further provided that on termination of your use of the Service all such license rights and all other rights granted to you in these Terms will cease forthwith .
7.3 Any User Content posted by you and any Intellectual Property Rights in it are your, and your licensees (as applicable), exclusive property and may be used by us solely in accordance with this Agreement. On posting any User Content on the Service, you grant us and our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence under your copyrights or other Intellectual Property Rights, in such material, to use, distribute, display and reproduce from such User Content in any and all media, in any manner, in whole or part, without any duty to account to you. You warrant and undertake that you have obtained consent from any relevant third party to for you and us to use their Intellectual Property Rights in your use of the Service.
7.4 The Service and any and all and all intellectual property rights including moral rights, patents, trade-marks, design rights, copyright (including rights in software), rights in databases, domain names, content, algorithms, topography rights, know-how, look and feel, rights in confidential information and all similar rights (whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world) together with the right to apply for registration of and/or register such rights any and all goodwill relating or attached thereto and all extensions and renewals thereof (“Intellectual Property Rights”) in the Service, are our or our licensors exclusive property and confidential information and may be used by you solely in accordance with this Agreement.
7.5 If you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information on your own behalf or on behalf of another party relating to the Service or provide any assistance or input as regards its use or development ("Customer Input"), then we shall irrevocably be entitled to use that Customer Input for our commercial and non-commercial purposes (including by incorporating it in and licensing and/or selling it as part of the Service).
7.6 Prelude Character Analysis logo, and any product names associated with the Service are our trade names or trademarks (as applicable) and save as provided in this clause 9 no right or licence is granted to you to use them in any manner.
8. Disclaimer of Warranties
8.1 Your use of the Service and any material made available through the Service is at your own discretion and risk and you will be solely responsible for costs of any computer system or internet connections required to access the Service.
8.2 We make available the Service on an "as is" and "as available" basis and in respect of the Service, we exclude all warranties, representations, terms, conditions or other commitments of any kind, whether express or implied, statutory or otherwise, and we specifically disclaim all implied warranties, including (without limitation) any warranties, representations, terms, conditions or other commitments of merchantability or fitness for a particular purpose or of satisfactory quality, in each case, to the maximum extent permitted by applicable law. In particular we make no warranty or representation as to the accuracy, reliability, completeness, currency, usefulness, security, absence of errors in, availability or timeliness of Services.
9. Limitation of Liability
9.1 The Service provides educational information and is intended to assist in self development and understanding relationships and nothing in the website or associated resources should be considered advice. Please note that any opinions or views expressed by contributors, guests or visitors to the Service do not necessarily represent Our own. Any decisions or action taken by You on the basis of information provided on or via the Service is at Your sole discretion and risk and you should obtain individual professional advice where necessary.
9.2 Subject to clauses [11.4], we will not be responsible for any damages that may be suffered by you as a User or otherwise, including loss of data resulting from use of the Service by any cause or your errors or omissions.
9.3 Subject to clauses [11.3 and 11.4], our liability with respect to any single incident arising out of or related to these Terms (whether in contact or tort or under any other theory of liability) in no event shall our total aggregate liability arising out of or related to these Terms (whether in contact or tort or under any other theory of liability) exceed the total amount paid, if any by you to us in respect of the Service. If you are dissatisfied with any portion of the Service, your sole and exclusive remedy is the discontinuation of Your use of the Service.
9.4 Subject to clause 11.4, in no event shall we have any liability to you under or in relation to these Terms (whether in contract, tort or under any other theory of liability) for:
9.4.1 any financial damages as a result of loss or damage to property, economic loss , cost of replacement services, loss of profits, loss of revenue, loss of orders, loss of goodwill, and/or loss resulting from damage to image or reputation in each case whether direct or indirect; or
9.4.2 any indirect or consequential loss or damage arising from or related to this Agreement
howsoever caused and whether or not such losses are foreseeable, even if that party has been advised (or is otherwise aware) of the possibility of such losses in advance .
9.5 Nothing in this clause 11 shall exclude or limit the liability of either party for death or personal injury caused by that party’s negligence or for fraud or fraudulent misrepresentation or for any other liability to the extent that the same may not be excluded or limited as a matter of applicable law.
You agree to defend, and hold harmless, us, our officers, directors, employees, partners and agents, from and against any claim, demand, suit or proceeding (“Claim”) made or brought, against us alleging that your User Content, or your use of the Service: (i) infringes or misappropriates the intellectual property rights of a third party; (ii) causes injury to any person or property through products or services supplied through the Site; or (iii) breaches any applicable law and shall indemnify us for any damages, legal advisor’s fees and costs finally awarded against us as a result of, or for any amounts paid by us under a settlement of, any Claim. We shall give you prompt notice of any Claim and provide you with reasonable assistance, at your expense, in defending any Claim.
11.1 Entire Agreement. The Terms set the entire agreement and understanding between you and us in respect of the Service and supersede any previous agreement between you and us relating to the service. Unless otherwise expressly agreed in writing these Terms apply in place of and prevail over any terms or conditions contained in or referred to in correspondence or elsewhere or implied by trade custom or course of dealing. Nothing in these Terms shall limit liability for any representations made fraudulently.
11.2 Severability. If any provision of these Terms is determined to be illegal or unenforceable by any court of competent jurisdiction it shall be deemed to have been deleted without affecting the remaining provisions.
11.3 Assignment. Neither you nor we may assign any of its rights or obligations under these Terms, whether by operation of applicable law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld or delayed). Notwithstanding the foregoing, we may assign this Agreement in its entirety without your consent to any entity which directly or indirectly controls, is controlled by, or is under common control with us (“Control," for purposes of these purposes meaning direct or indirect ownership or control of more than 50% of the voting interests of the subject entity) or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets not involving a direct competitor of you. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
11.4 No Third-Party Beneficiaries. No provision of these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.5 Waiver. No failure or delay by us in exercising our rights or remedies shall operate as a waiver unless made by written notice. No single or partial exercise of any right or remedy by us shall preclude any other or further exercise of that or any other right or remedy.
11.6 Governing Law and Venue. These Terms shall be governed and construed in accordance with the laws of England. You irrevocably submit to the exclusive jurisdiction of the English Courts in respect of any matter, claim or dispute arising under, out of or in connection with your use of the Service and/or these Terms (including as to their validity) or the legal relationships established by these Terms. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.