TERMS & CONDITIONS OF USE
Last Update: 4th of February, 2021
AGREEMENT TO TERMS
1.0 These Terms & Conditions of Use constitute a legally binding agreement made between the Visitor (hencerforth “Visitor”) of the site sigurdcommodities.com (henceforth called “site”), whether personally or on behalf of an entity, and Port Sigurd International Ltd (“Company”), concerning Visitor’s access to and use of the site as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.
1.1 Visitor agrees that by accessing the Site including placing orders on it and using its information that Visitor has read, understood, and agrees to be bound by all of these Terms & Conditions of Use. If Visitor does not agree with all of these Terms & Conditions of Use, then Visitor is expressly prohibited from using the Site and Visitor must discontinue use immediately.
1.2 Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference of being posted on the same site. The Company reserves the right, in its sole discretion, to make changes or modifications to these Terms & Conditions of Use at any time and for any reason. The Company will alert the Visitor about any changes by updating the “Last updated” date of these Terms & Conditions of Use, and the Visitor waives any right to receive specific notice of each such change. It is the Visitor’s responsibility to periodically review these Terms & Conditions of Use to stay informed of updates. Visitor will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions of Use by the Visitor’s continued use of the Site after the date such revised Terms & Conditions of Use are posted.
1.3 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.4 The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
2.0 Unless otherwise indicated, the Site is the Company’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, Use marks, and logos contained therein (the “Marks”) are owned or controlled by Company or licensed to it, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of England and Wales, foreign jurisdictions, and international conventions.
2.1 The Content and the Marks are provided on the Site “AS IS” for Visitor’s information and personal use only. Except as expressly provided in these Terms & Conditions of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
2.2 Provided that Visitor is eligible to use the Site, Visitor is granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which Visitor has properly gained access solely for Visitor’s personal, non-commercial use. The Company reserves all rights not expressly granted to Visitor in and to the Site, the Content and the Marks.
3.0 By using the Site, the Visitor represents and warrants that:
(1) all registration information Visitor submits will be true, accurate, current, and complete;
(2) Visitor will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) Visitor have the legal capacity and Visitor agrees to comply with these Terms & Conditions of Use;
(4) Visitor is not under the age of 18;
(5) Visitor is not a minor in the jurisdiction in which Visitor resides;
(6) Visitor will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
(7) Visitor will not use the Site for any illegal or unauthorized purposes;
(8) Visitor’s use of the Site will not violate any applicable laws or regulations.
3.1 If the Visitor provides any information that is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate Visitor’s account and refuse any and all current or future use of the Site (or any portion thereof).
4.0 The Visitor may be required to register with the Site. Visitor agrees to keep Visitor’s password confidential and will be responsible for all use of Visitor’s account and password. The Company reserves the right to remove, reclaim, or change a username the Visitor selects if the Company determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5.0 The Company makes every effort to display as accurately as possible the colors, features, specifications, properties and details of the products available on the Site. However, the Company does not guarantee that the colors, features, specifications, properties and details of the products will be accurate, complete, reliable, current, or free of other errors, and the Visitor’s electronic display may not accurately reflect the actual colors and details of the products. Unless stated else, images and photos of products are provided as illustrative only and do not depict the exact product that is being sold but do not deviate to such a degree that would misrepresent the product. Variations in terms of condition, color and other attributes may occur. Information regarding numerical details, manufacturing information of a product is provided as illustrative only and does not necessarily represent all attributes or properties of the product being sold.
5.1 All products are subject to availability and the Company does not guarantee that products are in stock. The Company reserves the right to discontinue any products at any time for any reason without further notice. Prices for all products are subject to change. The Company reserves the right to change prices at its sole discretion and does not guarantee pricing data to be accurate.
6.0 The Visitor may not access or use the Site for any purpose other than that for which the Company make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company.
6.1 As a user of the Site, Visitor agrees not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use the Site to advertise or offer to sell goods and Uses without the Company’s written express consent
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead the Company and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of the support uses or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or Uses connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your Visitor profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with the Company or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of the Company’s employees or agents engaged in providing any portion of the Site to Visitor.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in the Company’s opinion, the Company and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
7.0 The Site may invite Visitor to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide Visitor with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
7.1 Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions Visitor transmit may be treated as non-confidential and non-proprietary. When Visitor creates or makes available any Contributions, Visitor thereby represents and warrants that:
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Visitor Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Visitor is the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize the Company, the Site, and other users of the Site to use Visitor’s Contributions in any manner contemplated by the Site and these Terms & Conditions of Use.
- Visitor has the written consent, release, and/or permission of each and every identifiable individual person in Visitor Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Visitor Contributions in any manner contemplated by the Site and these Terms & Conditions of Use.
- Visitor Contributions are not false, inaccurate, or misleading.
- Visitor Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Visitor Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Visitor Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Visitor Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Visitor Contributions do not violate any applicable law, regulation, or rule.
- Visitor Contributions do not violate the privacy or publicity rights of any third party.
- Visitor Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Visitor Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Visitor Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Visitor Contributions do not otherwise violate, or link to material that violates, any provision of these Terms & Conditions of Use, or any applicable law or regulation.
– Any use of the Site in violation of the foregoing violates these Terms & Conditions of Use and may result in, among other things, termination or suspension of Visitor rights to use the Site.
8.0 By posting Visitor Contributions to any part of the Site or making Contributions accessible to the Site by linking Visitor account from the Site to any of Visitor social networking accounts, Visitor automatically grant, and Visitor represent and warrant that Visitor have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Visitor image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
8.1 This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of Visitor name, Company name, and franchise name, as applicable, and any of the trademarks, Use marks, trade names, logos, and personal and commercial images Visitor provide. Visitor waive all moral rights in Visitor Contributions, and Visitor warrant that moral rights have not otherwise been asserted in Visitor Contributions.
8.2 The Company do not assert any ownership over Visitor Contributions. Visitor retain full ownership of all of Visitor Contributions and any intellectual property rights or other proprietary rights associated with Visitor Contributions. The Company are not liable for any statements or representations in Visitor Contributions provided by Visitor in any area on the Site. Visitor are solely responsible for Visitor Contributions to the Site and Visitor expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Visitor Contributions.
8.3 The Company have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. The Company have no obligation to monitor Visitor Contributions.
GUIDELINES FOR REVIEWS
9.0 The Company may provide Visitor areas on the Site to leave reviews or ratings. When posting a review, Visitor must comply with the following criteria:
(1) Visitor should have firsthand experience with the person/entity being reviewed;
(2) Visitor reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) Visitor reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) Visitor reviews should not contain references to illegal activity;
(5) Visitor should not be affiliated with competitors if posting negative reviews;
(6) Visitor should not make any conclusions as to the legality of conduct;
(7) Visitor may not post any false or misleading statements;
(8) Visitor may not organize a campaign encouraging others to post reviews, whether positive or negative.
9.1 The Company may accept, reject, or remove reviews in our sole discretion. The Company have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. The Company does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, Visitor hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
10.0 If Visitor access the Site via a mobile application, then The Company grant Visitor a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by Visitor, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms & Conditions of Use. Visitor shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with Visitor access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, Use, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
10.1 The following terms apply when Visitor use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to Visitor for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s Terms & Conditions of Use;
(2) The Company are responsible for providing any maintenance and support Uses with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms & Conditions of Use or as otherwise required under applicable law, and Visitor acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support Uses with respect to the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, Visitor may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) Visitor represent and warrant that (i) Visitor are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) Visitor are not listed on any U.S. government list of prohibited or restricted parties;
(5) Visitor must comply with applicable third-party terms of agreement when using the mobile application, e.g., if Visitor have a VoIP application, then Visitor must not be in violation of their wireless data Use agreement when using the mobile application;
(6) Visitor acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms & Conditions of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms & Conditions of Use against Visitor as a third-party beneficiary thereof.
11.0 As part of the functionality of the Site, Visitor may link Visitor account with online accounts Visitor have with third-party Use providers (each such account, a “Third-Party Account”) by either: (1) providing Visitor Third-Party Account login information through the Site; or (2) allowing us to access Visitor Third-Party Account, as is permitted under the applicable terms and conditions that govern Visitor use of each Third-Party Account. Visitor represent and warrant that Visitor are entitled to disclose Visitor Third-Party Account login information to us and/or grant us access to Visitor Third-Party Account, without breach by Visitor of any of the terms and conditions that govern Visitor use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party Use provider of the Third-Party Account.
11.1 By granting us access to any Third-Party Accounts, Visitor understand that (1) The Company may access, make available, and store (if applicable) any content that Visitor have provided to and stored in Visitor Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via Visitor account, including without limitation any friend lists and (2) The Company may submit to and receive from Visitor Third-Party Account additional information to the extent Visitor are notified when Visitor link Visitor account with the Third-Party Account. Depending on the Third-Party Accounts Visitor choose and subject to the privacy settings that Visitor have set in such Third-Party Accounts, personally identifiable information that Visitor post to Visitor Third-Party Accounts may be available on and through Visitor account on the Site. Please note that if a Third-Party Account or associated Use becomes unavailable or our access to such Third-Party Account is terminated by the third-party Use provider, then Social Network Content may no longer be available on and through the Site.
11.2 Visitor will have the ability to disable the connection between Visitor account on the Site and Visitor Third-Party Accounts at any time. PLEASE NOTE THAT Visitor RELATIONSHIP WITH THE THIRD-PARTY Use PROVIDERS ASSOCIATED WITH Visitor THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY Visitor AGREEMENT(S) WITH SUCH THIRD-PARTY Use PROVIDERS.
11.3 The Company make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and The Company are not responsible for any Social Network Content. Visitor acknowledge and agree that The Company may access Visitor email address book associated with a Third-Party Account and Visitor contacts list stored on Visitor mobile device or tablet computer solely for purposes of identifying and informing Visitor of those contacts who have also registered to use the Site.
11.4 Visitor can deactivate the connection between the Site and Visitor Third-Party Account by contacting us using the contact information below or through Visitor account settings (if applicable). The Company will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with Visitor account.
12.1 Visitor acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by Visitor to us are non-confidential and shall become our sole property. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to Visitor.
12.2 Visitor hereby waives all moral rights to any such Submissions, and Visitor hereby warrant that any such Submissions are original with Visitor or that Visitor have the right to submit such Submissions. Visitor agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Visitor Submissions.
THIRD-PARTY WEBSITES AND CONTENT
13.1 The Site may contain (or Visitor may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and The Company are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
13.2 Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If Visitor decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, Visitor do so at Visitor own risk, and Visitor should be aware these Terms & Conditions of Use no longer govern. Visitor should review the applicable terms and policies, including privacy and data gathering practices, of any website to which Visitor navigate from the Site or relating to any applications Visitor use or install from the Site. Any purchases Visitor make through Third-Party Websites will be through other websites and from other companies, and The Company take no responsibility whatsoever in relation to such purchases which are exclusively between Visitor and the applicable third party.
13.3 Visitor agree and acknowledge that The Company do not endorse the products or Uses offered on Third-Party Websites and Visitor shall hold us harmless from any harm caused by Visitor purchase of such products or Uses. Additionally, Visitor shall hold us harmless from any losses sustained by Visitor or harm caused to Visitor relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14.1 The Company allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If Visitor are an advertiser, Visitor shall take full responsibility for any advertisements Visitor place on the Site and any Uses provided on the Site or products sold through those advertisements. Further, as an advertiser, Visitor warrant and represent that Visitor possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. The Company simply provide the space to place such advertisements, and The Company have no other relationship with advertisers.
15.1 The Company reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms & Conditions of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms & Conditions of Use, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Visitor Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
17.1 The Company respect the intellectual property rights of others. If Visitor believe that any material available on or through the Site infringes upon any copyright Visitor own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of Visitor Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law Visitor may be held liable for damages if Visitor make material misrepresentations in a Notification. Thus, if Visitor are not sure that material located on or linked to by the Site infringes Visitor copyright, Visitor should consider first contacting an attorney.
17.2 All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
17.3 If Visitor believe Visitor own copyrighted material has been removed from the Site as a result of a mistake or misidentification, Visitor may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, Visitor Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
(2) a statement that Visitor consent to the jurisdiction of the Federal District Court in which Visitor address is located, or if Visitor address is outside the United States, for any judicial district in which The Company are located;
(3) a statement that Visitor will accept Use of process from the party that filed the Notification or the party’s agent;
(4) Visitor name, address, and telephone number;
(5) a statement under penalty of perjury that Visitor have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(6) Visitor physical or electronic signature.
17.4 If Visitor send us a valid, written Counter Notification meeting the requirements described above, The Company will restore Visitor removed or disabled material, unless The Company first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain Visitor from engaging in infringing activity related to the material in question. Please note that if Visitor materially misrepresent that the disabled or removed content was removed by mistake or misidentification, Visitor may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright Agent
[City, State Zip]
18.1 The Company respect the intellectual property rights of others. If Visitor believe that any material available on or through the Site infringes upon any copyright Visitor own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of Visitor Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law Visitor may be held liable for damages if Visitor make material misrepresentations in a Notification. Thus, if Visitor are not sure that material located on or linked to by the Site infringes Visitor copyright, Visitor should consider first contacting an attorney.]
TERM AND TERMINATION
19.1 These Terms & Conditions of Use shall remain in full force and effect while Visitor use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE Terms & Conditions of Use, The Company RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE Terms & Conditions of Use OR OF ANY APPLICABLE LAW OR REGULATION. The Company MAY TERMINATE Visitor USE OR PARTICIPATION IN THE SITE OR DELETE [Visitor ACCOUNT AND] ANY CONTENT OR INFORMATION THAT Visitor POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If The Company terminate or suspend Visitor account for any reason, Visitor are prohibited from registering and creating a new account under Visitor name, a fake or borrowed name, or the name of any third party, even if Visitor may be acting on behalf of the third party. In addition to terminating or suspending Visitor account, The Company reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
20.1 The Company reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, The Company have no obligation to update any information on our Site. The Company also reserve the right to modify or discontinue all or part of the Site without notice at any time. The Company will not be liable to Visitor or any third party for any modification, price change, suspension, or discontinuance of the Site.
20.2 The Company cannot guarantee the Site will be available at all times. The Company may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. The Company reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to Visitor.
20.3 Visitor agree that The Company have no liability whatsoever for any loss, damage, or inconvenience caused by Visitor inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms & Conditions of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
21.1 These Terms & Conditions of Use and Visitor use of the Site are governed by and construed in accordance with the laws of England and Wales applicable to agreements made, without regard to its conflict of law principles.
22.1 To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms & Conditions of Use (each a “Dispute” and collectively, the “Disputes”) brought by either Visitor or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 120 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
22.2 If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.
22.3 The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of England and Wales.
22.4 The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
22.5 If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the courts located in the England and Wales, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
22.6 In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
23.1 The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
24.1 There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. The Company reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
25.1 THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. Visitor AGREE THAT Visitor USE OF THE SITE UseS WILL BE AT Visitor SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, The Company DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND Visitor USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Company MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND The Company WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM Visitor ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. The Company DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR Use ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND The Company WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN Visitor AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR UseS. AS WITH THE PURCHASE OF A PRODUCT OR Use THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, Visitor SHOULD USE Visitor BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
26.1 IN NO EVENT WILL The Company OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO Visitor OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM Visitor USE OF THE SITE, EVEN IF The Company HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
26.2 Visitor agreeS to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [Visitor Contributions]; (2) use of the Site; (3) breach of these Terms & Conditions of Use; (4) any breach of Visitor representations and warranties set forth in these Terms & Conditions of Use; (5) Visitor violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom Visitor connected via the Site.
26.3 Notwithstanding the foregoing, The Company reserve the right, at Visitor expense, to assume the exclusive defense and control of any matter for which Visitor are required to indemnify us, and Visitor agree to cooperate, at Visitor expense, with our defense of such claims. The Company will use reasonable efforts to notify Visitor of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
27.1 The Company will maintain certain data that Visitor transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to Visitor use of the Site. Although The Company perform regular routine backups of data, Visitor are solely responsible for all data that Visitor transmit or that relates to any activity Visitor have undertaken using the Site. Visitor agree that The Company shall have no liability to Visitor for any loss or corruption of any such data, and Visitor hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
28.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. Visitor consent to receive electronic communications, and Visitor agree that all agreements, notices, disclosures, and other communications The Company provide to Visitor electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. Visitor HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
28.2 Visitor hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
29.1 These Terms & Conditions of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between Visitor and us. Our failure to exercise or enforce any right or provision of these Terms & Conditions of Use shall not operate as a waiver of such right or provision. These Terms & Conditions of Use operate to the fullest extent permissible by law. The Company may assign any or all of our rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
29.2 If any provision or part of a provision of these Terms & Conditions of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between Visitor and us as a result of these Terms & Conditions of Use or use of the Site.
29.3 Visitor agree that these Terms & Conditions of Use will not be construed against us by virtue of having drafted them. Visitor hereby waive any and all defenses Visitor may have based on the electronic form of these Terms & Conditions of Use and the lack of signing by the parties hereto to execute these Terms & Conditions of Use.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at [email protected] or call +44 203 808 3228