Last updated: March 01, 2023
Introduction
Welcome to Ambiano®! These Terms of Service (“Terms”) form a legally binding agreement between you and Ambiano® regarding your use of the Ambiano® website located at theambiano.co.uk (the “Site”) and any related services provided by Ambiano® (collectively, the “Services”).
Please read these Terms carefully before using the Site or Services. By accessing the Site or using any Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access the Site or use the Services.
We may amend these Terms at any time by posting the amended terms on the Site. We reserve the right to update or modify these Terms without prior notice, and your use of the Site or Services after any changes means you agree to comply with the new Terms. So please check back regularly to ensure you are familiar with the current version.
Use of the Site and Services
You must be at least 18 years old to access the Site or use the Services. By using the Site or Services, you represent and warrant that:
- You are at least 18 years old.
- All registration information you submit is truthful and accurate.
- You will maintain the accuracy of such information.
- Your use of the Site and Services does not violate any applicable law or regulation.
Your Account and Use
If you create an account on the Site, you are responsible for maintaining the security of your account password. You may not share your account password with others or use anyone else’s password.
Restrictions on Use
You agree not to:
- Post any inaccurate, unlawful, infringing, defamatory, obscene, or offensive content.
- Intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
- Impersonate another person or falsely state your affiliation with a person or entity.
- Engage in spamming, flooding, harvesting of e-mail addresses, screen scraping, database scraping, or any other unauthorized means of obtaining information from the Site or users.
- Obtain or attempt to gain unauthorized access to computer systems, materials, information or any services available on or through the Site.
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; provided, however, we grant public search engine operators permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
Services and Content Availability
We may change or discontinue any of our Services or Content (defined below) without notice or liability to you. We cannot guarantee the Site or Services will be available at all times. We may restrict access to parts of the Site or Services without notice or liability.
Intellectual Property
The Site and Services contain proprietary content, trademarks and other intellectual property owned by us and/or our licensors, who reserve all rights in connection with same. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Site or Services in whole or in part without our express written consent.
User Content
You retain ownership and responsibility for any content you post to the Site (“User Content”). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, worldwide license to use, store, reproduce, publish, display, distribute, modify, create derivative works, and publicly perform or display User Content.
You represent and warrant you have all rights necessary to grant us the foregoing license. You understand User Content may be viewed by the general public and agree we have no control over who views your User Content once posted.
We have the right (but not the obligation) to monitor User Content, and in our sole discretion reject, refuse to post, remove, or require you to remove any User Content at any time.
Your Feedback
You agree that any submitted comments, suggestions, ideas, notes, drawings, concepts or other information communicated to us through the Site or Services (collectively, “Feedback”) will be considered non-confidential. Subject to the rights granted to us in the User Content section above, you agree that Feedback is non-confidential and our property, and you hereby assign all right, title and interest in Feedback to us. We will be entitled to use Feedback for any purpose without restriction or compensation to you.
Disclaimers and Limitations of Liability
THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF THE SITE, SERVICES, CONTENT, OR YOUR USE OR INABILITY TO USE THE SITE AND SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, INCLUDING ANYONE ELSE’S USE WHO USES THE SITE OR SERVICES THROUGH YOUR COMPUTER OR INTERNET CONNECTION.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY EVEN IF THE REMEDIES PROVIDED FAIL OF THEIR ESSENTIAL PURPOSE.
Indemnification
Upon our request, you agree to indemnify, defend, and hold harmless us, our licensors, and affiliates, and our respective directors, officers, managers, employees, shareholders and agents, from and against any and all claims, losses, damages, penalties, liabilities, judgments, expenses and costs (including reasonable attorneys’ fees), that arise from or relate to: (a) your access to or use of the Site or Services; (b) your User Content; (c) your Feedback; (d) your violation of these Terms; or (e) your violation of any rights of any other person or entity. We reserve the right to assume exclusive control of defending any claim subject to indemnification by you, in which case you agree to cooperate with us in defending the claim.
Governing Law and Jurisdiction
These Terms are governed by the laws of the United Kingdom, without regard to conflict of laws rules. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms will be the state or federal courts located in the United Kingdom, and the parties consent to personal jurisdiction in those courts.
Termination
We may terminate your access to or use of the Site and Services, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending an email to us. Upon any termination, discontinuation or cancellation of your account or your access to or use of the Site or Services, all provisions that by their nature should survive will survive, including, without limitation, ownership provisions, disclaimers or limitations of obligations or liability, and indemnity obligations.
General Terms
If any provision of these Terms is held invalid or unenforceable, that provision will be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Terms will continue in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No waiver of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. No person or entity not a party to these Terms will be deemed to be a third-party beneficiary of these Terms or any provision hereof. We may assign our rights and obligations under these Terms in our sole discretion. You may not assign yours without our written consent. Any purported assignment or delegation in violation of this section will be null and void. These Terms constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous understandings regarding such subject matter, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.
Contact Us
If you have any questions about these Terms, please contact us at:
Ambiano®
123 Anywhere St.
London, UK
Email: [email protected]
