DIGITARACTIVE TERMS AND CONDITIONS OF USE
This “Website” (“Website”) is owned and operated by Digital Enterprises and trading as “Digitaractive” (“Digitaractive”) and “Digitaractive.com” (“Digitaractive.com”). In these “Conditions” (“Conditions”), references to “we” or “us” or “our” are references to Digitaractive and references to “you” or “your” are references to the person(s) using this Website. Any references to “Content” are references to all text, graphics, logos, photographs, images, moving images, sound, illustrations, trademarks, messages and other materials featured, displayed or used or to be featured, displayed or used in or in relation to advertisement or other services which is posted onto or otherwise transmitted through this Website. These Conditions (which may be modified periodically at our discretion and without notice to you) will govern the relationship between you and us. Please refer to these conditions periodically for any changes. By continuing to use Digitaractive.com you are deemed to have agreed to all modifications to these Conditions.
1. These Conditions
By accessing or using any part of Digitaractive.com you agree to be bound by these Conditions. You should only use our Website if these Conditions are acceptable to you without modification.
2. Permitted Use
2.1 Digitaractive is a full-service digital marketing agency which enables brands and organisations of all kind make effective strategy, marketing and communication decisions. You are granted a limited revocable and non-exclusive licence to use Digitaractive.com for this purpose unless such use is prohibited by paragraph 2.3 below.
2.2 We take stringent measures to ensure that no unauthorised or prohibited use is made of our Website and that our intellectual property rights are not infringed.
2.3 The following uses of our Website are prohibited:
2.3.1 using our Website for any purpose that is unlawful in the jurisdiction from which such access is made;
2.3.2 using our Website for any purpose that is harmful, abusive, threatening, harassing, defamatory,
obscene, vulgar, invasive of other’s privacy, or in our sole discretion otherwise objectionable;
2.3.3 using our Website in a way which damages its operation;
2.3.4 interfering with or modifying any part of our Website;
2.3.5 using our Website for creating, amending, verifying, or updating your own databases, records, directories, search engines, customer lists or mailing lists or those of a third party;
2.3.6 using our Website in such a manner that imposes an unreasonable or disproportionably large load on our infrastructure, as determined by us in our sole discretion; and / or
2.3.7 using any form of automated device or computer program (including, without limit, agents, scripts, robots, or spiders):
220.127.116.11 to monitor or copy our Website or its Content or bypass our services or to interfere or attempt to interfere with the operation of our Website.
18.104.22.168 that enables the submission of Content without each posting being manually entered by you, including without limit any device to post Content in bulk or for automatic submission at regular intervals.
3.1 We provide the Digitaractive services on an “as is” or “as available” basis. While we endeavour to ensure the accuracy of the information provided on Digitaractive.com, we:
3.1.1 do not warrant or guarantee the accuracy, reliability or legality of any information contained in our Website;
3.1.2 disclaim all or any warranties, express or implied, relating to Digitaractive or any other products or Services, including in particular any warranties of satisfactory quality or fitness for a particular purpose;
3.1.3 will not be liable under any circumstances whatsoever for any direct, indirect, consequential, punitive or other damages arising from the use of our Website; and
3.1.4 reserve the right, at our discretion, to periodically make changes to the information provided on our Website. You are, therefore, advised to check the information provided to you through our Website. Any reliance that you place on the accuracy of that information is at your own risk.
3.2 You should not assume that we recommend any particular product or service, even though we make details of it available. If any products or services bought through our Website are unsatisfactory, we shall bear no responsibility; the supplier of the goods or services should be contacted directly.
3.3 We make no warranty and give no representation of any kind that our Website or any of our Services will be error-free, free of viruses or
other impairing or harmful components. We will endeavour to ensure that errors do not impair Services and we will run commercially available virus detection and correction software.
3.4 Our Website may contain links to other Websites provided by independent third parties. We make no warranty and give no representation whatsoever concerning the content of those websites and the fact that we provide a link to a particular site is not an endorsement, sponsorship, authorisation, or affiliation by us in relation to such websites, its owners or its providers.
4. Limitation of Liability
4.1 We or any other party involved in the creation, production, maintenance or distribution of our Website, shall have no liability, to the maximum extent permitted by applicable law, for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
4.1.1 loss of revenue;
4.1.2 loss of actual or anticipated profits (including for loss of profits on contracts);
4.1.3 loss of anticipated savings;
4.1.4 loss of business;
4.1.5 loss of opportunity;
4.1.6 loss of goodwill;
4.1.7 loss of reputation;
4.1.8 loss of, damage to or corruption of data or software;
4.1.9 wasted expenditure; or
4.1.10 any indirect, incidental, special or consequential loss or damages caused (including, for the avoidance of doubt, where such loss or damage is of the type specified in
sub-paragraphs 4.1.1 to 4.1.9) whether based on breach of contract, tort (including negligence), product liability or otherwise, which results from:
the use of and / or reliance on our Website;
the inability to use our Website;
any mistake, omission, defect, virus or failure of performance in relation to our Website including (without limit) those which arise from acts of God, communications failure, theft, destruction and / or unauthorised access to our records, programs or services;
merchandise, products, services or information received through or advertised on our Website or any links provided by our Website; and/or
any information, data, message or other material which you electronic mail, post, upload, reproduce, transmit or is otherwise distributed or received using our Website.
5. Entire Agreement
These conditions constitute the entire agreement between you and us with respect to your use of our Website. If any provision of these Conditions (or portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these Conditions will not be affected or impaired.
6. Governing Law and Jurisdiction
Your use of our Website and these Conditions shall be subject to the Laws of England and Wales. Although our Website is accessible from a foreign jurisdiction, by accessing our Website you agree that the laws of England and Wales will apply to all matters relating to your use of our Website. You agree to submit to the exclusive jurisdiction of the English courts. We reserve the right to bring proceedings in the courts of the country of your residence.