Terms and Conditions of Service

Introduction

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the website located at N4BB (the “Site”), including its sub-domains and its mobile optimized versions.  These Terms shall supplement our Privacy Policy (the “Policy”) and any other guidelines, terms and policies made available by us from time to time, incorporated herein by reference.

The Site is proudly operated to you by Digimental Media Group, hereinafter referred to as “Digimental”.  The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to Digimental and/or its affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

If you continue to browse and use this Site, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Digimental’s relationship with you in relation to the Site and any products and services offered thereby (collectively, the “Service(s)”).

Updates

Digimental reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services and Site, at any time and without prior notice.  Any changes to these Terms will be displayed in the Site.  Please refer to the last effective date where changes were last undertaken by us.  Any use of the Services after the effective date of any update indicates your acceptance.

Prohibited Activities

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site in order to:

  1. Infringe these Terms, or allow, encourage or facilitate others to do so.
  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including privacy rights, rights of publicity, or any other intellectual property or proprietary right.
  3. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (v) is or can be considered to be obscene, threatening/defamatory, plagiarized, pornographic or analogous material.
  4. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  5. Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.
  6. Disseminate any type of computer viruses, worms, Trojan horses or other items of similar nature.
  7. Otherwise reverse engineer, decompile or extract the proprietary code of the Site.

Any violation of these provisions may result in the immediate termination of your access to the Site and our Services, without refund or reimbursement on our part.

Parental Notice

Digimental does not knowingly provide its Services to persons under the age of thirteen (13).  Users under the age of eighteen (18) may use the Site with the consent of their legal guardians, but are otherwise prohibited from providing Digimental with personally identifiable information of persons under the age of thirteen (13).

Ownership

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site are the property of Digimental, or are otherwise are authorized or licensed to Digimental or its licensors or affiliates, and are protected under intellectual and proprietary rights in the United States of America, the United Kingdom and other jurisdictions throughout the world.  Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Licenses

By posting or displaying any information, content or material on the Site or providing any user generated content to Digimental, you grant an irrevocable, perpetual, worldwide, royalty-free., and sub-licensable license to Digimental, in order for to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of such user generated content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site and the provision of any Services.  You represent, confirm and warrant to Digimental that you have all the rights, power and authority necessary to grant the above license.  You also represent and warrant to Digimental that you have all rights, authorizations or otherwise hold sufficient title for all content submitted to Digimental as set forth herein.

Third party links

From time to time, our Site and Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites (or their products and services).  Some or all of the images and other content displayed on the Site are licensed and/or purchased stocks photos and are only for illustrative purposes, that is, they may not accurately purport the look and form of a certain item, product or service.

We do not always review the information, pricing, availability or fitness for use of such products and services and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk.  We do not make any endorsements or warranties, whether express or implied, regarding any third party websites (or their products and services).  Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers.  Please read those documents, which will rule any interaction thereof.

Advertising, Opt-out

We may support the Site and our Services through advertising and other commercial opportunities.  These advertisements may be tailored to the content the Site, and the nature and extent of such advertising by us is subject to change without prior notice.  Please refer to our Policy for information regarding certain advertisement opt-out.

The Site may allow you to subscribe to or newsletter service, which may be provided by us or through an authorized third party.  Through our newsletter, you may receive information according to your user preferences.  As our user, you will receive a conspicuous communication indicating subscription therefor and you will be able to select the amount and type of emails received by you.  If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.

Digital Millennium Copyright Act (‘DMCA’) Notice

For DMCA Takedown Notices and alleged intellectual property rights infringement within the Site, you can get in touch with us as indicated in our contact section.  You must notify us of your claim with subject: “Takedown Request”.  Once received, Digimental will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Digimental may delete it, disable or otherwise stop displaying it.  Please note that this procedure is exclusively for notifying Digimental and its affiliates that your copyrighted material has been infringed.

Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

No Warranty

Neither Digimental, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site will be error-free, uninterrupted, secure, or produce any particular results.  No advice or information given by Digimental or its employees, affiliates, contractors and/or agents shall create a guarantee.  The Site has not been completely tested in all situations or devices, and that the Site may contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.

Neither Digimental nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry.  The functionalities and results displayed within the Site may or will vary, without prior notice or without any notice at all; and will depend on a variety of factors out of the control of Digimental.  Your use of any information and/or materials on this Site is entirely at your own risk, for which we shall not be held liable.

Disclaimer of Damages

To the fullest extent permissible under applicable law, the Site is provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.  No oral or written advice provided by Digimental, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you.  Digimental, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Digimental, and its affiliates, clients, agents, officers, licensors and/or distributors, do not warrant against interference with your use of the Site or that it will meet your specific commercial requirements; that any review, recommendation or other suggestion from Digimental will be available or particularly useful or produce any results, that the operation of the Site will be uninterrupted or error-free, that the Site will interoperate or be compatible with any other software or device used by you, that any errors in the Site will be corrected or that the Site will not be discontinued without previous notice.

Limitation of Liability

In no event shall Digimental, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the Site, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Digimental, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

In no event, shall Digimental’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$100.00 (One Hundred United States Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount.

Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

Generals

Assignment. These terms will inure to the benefit of any successors of the parties.

Amazon Associates Disclaimer.  Digimental Media Group is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking its users to regional sites of Amazon.com, thus redirecting them depending on their location, IP and other data.

California Residents Notice.  As indicated in the California Civil Code, Section 1789.3, our California users have the right to be made aware of this information: the Site is provided to you by Digimental Limited.  For any inquires or complaints regarding the Site, please contact our customer service team at the address indicated in our website.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Content Moderation.  Digimental hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Site, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.

Equitable remedies:  You hereby acknowledge and agree that if these Terms are not specifically enforced, Digimental will be irreparably damaged, and therefore you agree that Digimental shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Force Majeure. Digimental shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Digimental’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

No Waiver. Failure by Digimental to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Digimental are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of these Terms will remain in full force and effect.

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Digimental shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.  Unless otherwise agreed by you and Digimental, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the United Kingdom, without regard to conflict of law principles.

Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to London, United Kingdom.

Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

Contact

If you have any questions or queries about us, our Site, our Services or these Terms, please contact us as indicated in our contact page.

Date of last effective update is March 13, 2017.