Effective Date: July 14, 2020
The Services are provided by Nymbian Limited (“we”, “us” and “our”). We are a limited company, registered in UK. Our registered company number is 12691845, and our registered office is at Kemp House 160 City Road, London, EC1V 2NX.
Using the Site
- access, browse or use our Site or Content; or
- will comply with all applicable laws and regulations (as may be updated from time to time); and
- will comply with any rules, regulations or codes that are imposed by any third parties that makes the Site available to you.
Making changes to the Site, Content and Services
We reserve the right to change the design, features and/or functionality of the Site, the Services and the Content at any time.
Restriction on accessing our Site
You shall not:
- distribute or transmit any virus or any other malicious codes through the Site or when using the Services;
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Services, Content or the Site, except as may be allowed by any applicable law which is incapable of exclusion by agreement between you and us;
- circumvent any of the technical limitations of the Site, or decompile or otherwise reconstruct the Site;
- use the Site in a way that could damage, disable, overburden, impair or compromise the Services, Content or the Site;
- collect or harvest any information or data from the Site, Content or Services or attempt to decipher any transmissions to or from the Site;
- access, monitor or copy any content or information on the Site (including the Content or Services) using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- access all or any part of the Site, Content or Services in order to build a product or service which competes with the Site or Services;
- use the Site, Content or Services to provide services to third parties or allow third parties to use the Site, Content or Services without our prior written consent;
- attempt to obtain, or assist third parties in obtaining, unauthorised access to the Site, Content or Services;
- create a database using the Content, or any information otherwise displayed on the Site or accessed via the Services;
- copy, publish or otherwise make available to third parties, any of the Content; or
- use the Content, Site or Services in any way which contravenes any applicable laws or regulations (as updated and amended from time to time).
Our Site allows you to submit user-generated content in the form of text, images, Customer Data (including but not limited to program source code), other types of media and external links ("User Content"). We do not control and may not review User Content and will not be in any way responsible or liable for such User Content. You are solely responsible for User Content submitted by you, or by a third party using a device owned or controlled by you, and you acknowledge that User Content submitted by others expresses the views of its respective authors, and not our views. You must not submit any User Content that:
- is racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities;
- contains any viruses and/or other code that has contaminating or destructive elements;
- contains any personal data and if you do you shall be wholly responsible for any breach of applicable data protection legislation in doing so;
- contains private information of any third party, including (but not limited to) surname, addresses, phone numbers, email addresses, social security numbers and credit card numbers.
- constitutes unsolicited promotions, mass mailings or "spamming", a transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, or solicitations;
- is false, unlawful, misleading, libellous, defamatory;
- is owned by a third party, without that third party’s consent; or
- impersonates, or misrepresents an affiliation with, any person or entity.
You agree that, save as otherwise expressly set out in the Terms of Service, by submitting any User Content, you grant us and our Affiliates, a perpetual, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Content. Whilst we do not amend User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you, at any time without notice to you.
Your use of the Site
As a condition of your use of the Site, you warrant that
- all User Content supplied by you on the Site is true, accurate, current and complete
- if you have user login details, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you or anyone other than you.
Intellectual Property Rights
Termination of access to the Site, Content and Services
If we terminate your rights to use the Site, Content or Services:
- we may de-activate your account and cease providing you with access to the Site, Content or Services.
Your personal information
Our Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We do not control these sites and are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.
Our liability to you
Except for any responsibility that we cannot exclude by law (such as for death or personal injury arising from our negligence) or which arises under applicable laws relating to the protection of your personal information, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any losses which you may suffer in connection to your use of the Site, including (but not limited to):
- losses that were not foreseeable to you and us when you commenced using the Site;
- business losses; or
- loss of profit, revenue, contracts, data, goodwill or other similar losses.
Jurisdiction and governing law
Contacting us, support and complaints
If you have any questions, or require support in respect of your use of the Site or Services or if you consider the Site or Services to be faulty or mis-described, please contact us by emailing: firstname.lastname@example.org.