TERMS OF USE

Effective Date: 26 November 2020

Welcome to 3udigital.com (the “Website”), owned and operated by 3U Digital Business Ltd (“We,” “Us,” or “Our”). We are registered in England and Wales with company number 12348435 and office at 71-75 Shelton Street, WC2H 9JQ, London, UK.

The Terms of Use ("Terms") is a legal agreement that explains the terms and conditions You must comply with when using the Website. By using the Website, You agree to abide by the Terms.

The Terms incorporate Our Privacy Policy.

PLEASE READ THE TERMS CAREFULLY because they affect Your rights and liabilities under the law. By using the Website, You confirm that You have read and agreed to be bound by the Terms. If You do not agree with the Terms, You may not use or access the Website. We recommend that You print a copy of these Terms for future reference.

DEFINITIONS

"Content" is any information displayed on the Website including without limitation files, links, text, data, code, images, photographs, graphics, software, designs and any other materials.

"Party" refers to either You, or Us, or any other party to the Terms. "Parties" refers to both You and Us.

"You" and "Your" refer to the visitor, user, client, customer or person using or accessing the Website and thus accepting The Terms.

OUR PROPERTY

All elements that We feature or display on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Our Property”) are owned by Us, Our licensors, vendors, agents and/or Our content providers.

All elements on the Website, including without limitation the general design and Our Property, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website, Our Property and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.

You will not remove any copyright, trademark or other proprietary notices from Our Property. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on Our Property.

TRADEMARKS/NO ENDORSEMENT

All of Our trademarks, service marks and trade names used herein (including but not limited to the “the 3udigital” name, the 3udigital corporate logo, the Website design, and any logos) (collectively “Marks”) are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a “hot” link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

ADVERTISING RIGHTS

We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights on the Website. We and Our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in the Terms obligates or may be deemed to obligate Us to sell, license or offer to sell or license any advertising, promotion or distribution rights.

USE OF THE WEBSITE

We encourage a free and open exchange of information in a climate of mutual respect. You must use the Website for lawful purposes only. We reserve the right, but do not assume any obligation, to monitor Your online conduct to enforce the Terms.

Your use and access of the Website does not include any right of resale or commercial use of the Website or its Content; any derivative use of the Website or its Content; or any use of data mining, robots, or similar data gathering and extraction tools.

The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.

PROHIBITED USE

You may not do (or attempt to do) any of the following:

  • Disrupt or attempt to disrupt Our servers in any way that could cause harm to the Website.
  • Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
  • Harass, abuse, threaten or incite violence towards any individual or group.
  • Hold Yourself out as sponsored by, endorsed by, or affiliated with Us or the Website.
  • Interfere with any other person's use of or the proper functioning of the Website.
  • Misrepresent Your identity or impersonate any person.
  • Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us or the Website in connection with the Website.
  • Provide any information that is false, misleading or inaccurate.
  • Use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our express written consent.
  • Use any portion of the Website for any unlawful or fraudulent purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
  • Use the Website for streaming, transmitting or otherwise making available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • Use any portion of the Website for streaming, transmitting or otherwise making available any Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libellous, hateful, or racially, ethnically or otherwise objectionable.
  • Use any portion of the Website for streaming or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
  • Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.

HYPERTEXT LINKING TO AND FROM THE WEBSITE

You must seek and obtain Our written consent before creating any link to the Website. Deep linking is strictly prohibited. All authorised links to the Website must be to the home page of the Website, must make it clear that the Website and Our Property are distinct from the site containing the link and must make it clear that the Website is owned and/or operated by or on Our behalf. You obtain no rights other than the right to link to the Website. Further, We do not guarantee, approve, or endorse the information or products available on Your site.

Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without Our prior written permission is prohibited.

You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libellous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. You warrant that Your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links.

We may provide, or third parties (with consent as above) may provide, hypertext links to and/or from other internet websites or resources. The inclusion of such links on the Website is for convenience only and does not imply Our endorsement of the other site or any association with the operators of that site. We encourage discretion when browsing external sites and resources. Some sites may contain or link users to websites containing information that may be considered inappropriate or offensive. External websites may send their own cookies to You, collect data and/or solicit personal information.

Your visiting of any external sites via links from the Website is entirely at Your own risk.

We have not confirmed the accuracy or reliability of any information in external websites or resources linked or accessed via or which link to the Website. We shall not be responsible or liable for any content, advertising, products, support, services or other materials on or available from such external websites or resources. We shall not be responsible for the accuracy, copyright compliance, legality or decency of material contained in external websites or resources. We shall not be responsible for, and disclaims all warranties, express and implied, as to, the accuracy, validity, legality, copyright compliance, decency or otherwise of any materials or information contained in external websites or resources. We shall not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by the use of or reliance on any content, products, support or services available on or through any external websites or resources.

Without limiting the above, We do not make any representations or warranties as to the security of any information You might be requested to give any third party through linked websites and You waive any claim against Us with respect to such matters.

NO WARRANTIES

We warrant that We will provide the Website with reasonable care and skill and substantially as described in these Terms. We do not make any other warranties about the Website or Our Property.

Without limitation:

  • We give no warranty that Our Property is appropriate, available or permitted for use in all locations, that it is virus-free or as to its interoperability with any hardware, software or content or as to Your ability through the Website to access or interact with any other service providers, networks, users, or informational or computing resources through the internet. Those who access the Website are responsible for compliance with all applicable law and regulations.
  • Although We have attempted to verify the accuracy, reliability and currency of Our Property (not Your Content or Multimedia Content), We give no warranty as to the accuracy of any statements on the Website.
  • We give no warranty that the Website will be constantly available, uninterrupted, secure or error-free, that defects will be corrected or that the Website or the server that makes it available are free from viruses or other harmful components. We assume no responsibility, and are not liable for, any damage to (or loss of data from), or viruses that may infect, Your computer equipment or other property on account of Your access to, or use of the Website including downloading any images, software or other Our Property. If use of the Website results in the need for servicing, repair or correction in equipment or data, You assume all costs in that regard.

We are not liable to You (or any other parties) for

  • any loss of income, business or profits, or loss or corruption of or damage to data:
  • any loss or damage which occurs due to unauthorised access of the Website by a third party as a result of a breach by You of these Terms.

NO LIABILITY

We are under no obligation to become involved in any dispute that You have with other users or in any incident that You are party to with other users, or that are affected by or otherwise related to the Website.

The limitations on and exclusions of liability in these Terms apply regardless of whether the liability is based on breach of contract, tort (including negligence or defamation), strict liability, breach of warranties, or otherwise.

COMPENSATION FOR BREACH

You shall compensate Us and Our officers, agents, employees and service providers and hold Us harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by any of Us as a result of any claim by a third party resulting from a breach or non-observance by You of any prohibition, or restriction on Your activities in relation to the Website contained in these Terms, or of any undertaking, representation or warranty of You contained in these Terms and in relation to any claim by any person in respect of matters, responsibilities or obligations that have been disclaimed by Us under these Terms.

Without limitation to the generality of the above, You agree to compensate Us and Our officers, agents, employees and service providers (who disclaim liability) in respect of claims, liabilities, costs (including legal fees), expenses, demands and damages of any nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, howsoever incurred by any of them arising out of or in any way related to:

  • Any of Your Content that is prohibited or if You use the Website when prohibited or restricted;
  • Any loss, deletion, removal, corruption or publication of Your Content.

RELEASE

In the event that You have a dispute with one or more other visitors, users, customers, or clients of the Website, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

CHANGES

We may make improvements and/or changes on the Website at any time with or without notice. If the need arises, We may suspend access to the Website, or close it indefinitely.

Any Content on the Website may be out of date at any given time, and We are under no obligation to update such Content.

The Terms are subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Terms. Material revisions to the Terms will be indicated by an updated Effective Date at the top of this page and by a notice posted on the homepage of the Website. It is Your responsibility to remain apprised of any revisions to the Terms and to remain in compliance therewith.

Should You object to any such revisions to the Terms or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your use of the Website. Otherwise, continuing to visit, access or use the Website after the effective date means that You agree to be bound by any and all revisions.

TERMINATION

We may terminate the Terms and/or block Your access to the Website:

  • for any or no reason during any free use of the Website;
  • if You breach any of the Terms, and that breach is not remediable;
  • if You breach any of the Terms and that breach is not remedied within 7 days of Your receiving written notice of the breach; or
  • We believe that Your actions may cause financial loss or legal liability for You, Our users or Us.

You may terminate Your use of the Website at any time.

CONSEQUENCES OF TERMINATION OR EXPIRATION

Upon the effective date of termination or expiration of the Terms:

  • You will immediately cease use of and/or access to the Website.
  • We will suspend or terminate Your access to the Website.
  • We will suspend or terminate access to any or all of the data to the extent permitted by law.

The termination or expiry of the Terms shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.

MINIMUM AGE REQUIREMENTS

The Website is not directed to children. Access to and use of the Website is only for those who are at least at the age of 18 years or otherwise capable of entering into and performing legal Terms. If You are younger than this, You may not use the Website.

You warrant and represent that You are at least at the age of 18 years or otherwise capable of entering into and performing legal agreements.

FORCE MAJEURE

We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

GENERAL

Jurisdiction and Choice of Law. Any claim relating to, and the use of the Terms and the materials contained herein is governed by the laws of England and Wales. You consent to the exclusive jurisdiction of the courts located in London, England.

Entire Agreement. The Terms and the Privacy Policy stipulated to be incorporated herein are the entire agreements between You and Us and supersede any prior understandings or contracts (written or oral).

Counterparts. A printed version of the Terms will be admissible in judicial and administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Assignment. You agree that the Terms and Privacy Policy may be automatically assigned by Us in Our sole discretion. You cannot assign the Terms without Our written consent.

Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.

No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.

Survival. Clauses 2 (Our Property), 3 (Trademarks/No Endorsement), 4 (Advertising Rights), 8 (No Warranties), 9 (No Liability), 10 (Compensation for Breach), 11 (Release), and 14 (Consequences of Termination or Expiration) shall survive any termination or expiration of the Terms.

COPYRIGHT NOTICE

All the Website design, graphics, text selections, arrangements, and all software are Copyright © 2020 of 3U Digital Business Ltd or its licensors. ALL RIGHTS RESERVED.

CONTACT US

If You have any questions or comments, please contact Us through 3U Digital Business Ltd., 71-75 Shelton Street, WC2H 9JQ, London, UK, help@3udigital.com.