("Digital Umbrella LTD," "we," "us," and/or "our") provides its services (described below) to you through its mobile applications and other software made available by Digital Umbrella ("Software") and its website located at https://www.Digital Umbrella.com (the "Site") (collectively, such services, Software and the Site, collectively, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, these "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound and print a copy of these Terms for your records. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO
ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES
AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION)
THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION,
AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON
AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK
RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN
INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE
WITH THE INSTRUCTIONS PROVIDED BY Digital Umbrella. INDICATING ACCEPTANCE
ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND Digital
IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT USE THE SERVICE.
Access and Use of the Service Description:
The Service is a technology platform that provides an online social marketplace for sporting goods in which consumers and businesses can list and sell their items, and buyers can browse and purchase such items. Users who purchase Items through the Service are "Buyers," and users who list and sell Items through the Service are "Sellers." A user may be both a Buyer and Seller. All purchases are made directly (and any contract for purchase and sale is) between the Buyer and Seller. The Service includes pricing and listing assistance and shipping, but not buying or selling. We may also help facilitate the resolution of disputes between our Buyers and Sellers, but, Digital Umbrella LTD has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of Items advertised on the Service; (b) the truth or accuracy of Sellers’ content or listings on the Service; (c) the ability of Sellers to sell Items through the Service and ship Items within required shipping windows; (d) the ability of Buyers to pay for Items purchased through the Service; or (e) that a Buyer or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping, or return an Item through the Service.
Third Party Services:
You may register for the Service using third party services (e.g.,
Facebook Connect) and otherwise enable various third party services to be
directly integrated into your Digital Umbrella LTD experience. By directly
integrating these services into the Service, we make your online experiences
richer and more personalized. To take advantage of these features, we may ask
you to register for or log into such services on the websites of their
respective providers. By enabling third party services within the Service, you
are allowing us to pass your log-in information to these service providers for
this purpose. For more information about the implications of activating these
third party services and Digital Umbrella LTD use, storage and disclosure of
information related to you and your use of such services within the Service
However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Digital Umbrella LTD shall have no liability or responsibility for the privacy practice or other actions of any third party site or service that may be enabled within the Service.
In addition, Digital Umbrella LTD is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Digital Umbrella LTD is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party service. Digital Umbrella LTD enables these inclusion of such features does not imply an endorsement or recommendation.
Your Registration Obligations:
You may also be permitted to register with the Service directly. In any
case,if you choose to register for the Service (whether directly or through a
third party service), you agree to provide and maintain true, accurate, current
and complete information about yourself. Registration data and certain other
available only to individuals who can form legally binding contracts under
applicable law. Without limiting the foregoing, the Service is not available to
minors (people under the age of majority in their state or province of
residence) or to temporarily or permanently suspended members of the Service.
If you do not qualify, please do not use the Service.
Additionally, Digital Umbrella LTD reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Digital Umbrella LTD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Digital Umbrella LTD will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service:
Digital Umbrella LTD reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Digital Umbrella LTD shall not be liable to any third party for any modification, suspension or discontinuance of the Service.Practices Regarding Use and Storage: You acknowledge that Digital Umbrella LTD may establish general practices and limits concerning use of the Service. You agree that Digital Umbrella LTD has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Digital Umbrella LTD reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Digital Umbrella LTD reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
Friend Referral Program:
Digital Umbrella LTD may from time to time offer credits to existing
users that refer new users to the Service using the invite code provided by
Digital Umbrella LTD to such existing users. Digital Umbrella LTD may also make
certain credits available to such new users using that invite code. The amount
and requirements to earn such credits will be determined, and may change, from
time to time in Digital Umbrella LTD sole discretion and such program may be
terminated by Digital Umbrella LTD at any time, in each case with or without
notice to you. Furthermore, Digital Umbrella LTD reserves the right to limit
the number and/or amount of credits that may be earned with respect to any existing
user with or without notice to you. To be eligible for a credit (whether
granted to an existing user or new user), the new user must be an individual
that has never registered for the Service and must be using a device (not the
web) for sign-up and the device being used must not be associated with an
existing Digital Umbrella account.
You agree that any credit granted: (1) cannot be traded for cash or any other service; (2) may not be sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Digital Umbrella LTD; (3) cannot be acquired via public distribution where you are a contributor but not the primary content owner (e.g. coupon websites); (4) may expire prior to your use; (5) may be voided or deducted by Digital Umbrella LTD at any time for any reason without liability to Digital Umbrella LTD, if Digital Umbrella LTD believes in its sole discretion that such credits.
Referral program or the Service.
If your account has been suspended (see "Termination" below), you will not be able to use such credits during the duration of your account suspension.
Conditions of Use:
You are solely responsible for all descriptions, pictures of items,
listings, information, data, text, software, music, sound, graphics, video,
messages or other materials ("content") that you upload, post,
publish or display (hereinafter, "post") or otherwise transmit via
the Service, and for all items that you sell or purchase via the Service. The
following are examples of the kind of items, content and/or use that is illegal
or prohibited by Digital Umbrella LTD.
Digital Umbrella LTD reserves the right to investigate and take appropriate legal action against anyone who, in Digital Umbrella LTD sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Digital Umbrella, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Digital Umbrella LTD or its users to any harm or liability of any type; Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; Solicit personal information from anyone under the age of 18; Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
Take any transaction or communications off-site;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Violate any applicable local, state, national or international law, or any regulations having the force of law;
Engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.K. § 6101 et seq.; or any similar consumer protection anti-spam, data protection, or privacy legislation in any jurisdiction;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software available in connection with the Service and the transmission of applicable data, if any, is subject to U.K ("U.K.") export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.K. export laws. Downloading or using the Software is at your sole risk.
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Purchase and Sale, Transactions Fees;
Transactions: Registering for the Service is free; however, Digital Umbrella LTD charges certain fees for various transactions effected through the Service. Our Fee Policy is available in the Help Center and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.K. Pounds, Euro, Canadian Dollars. Taxes; Shipping Costs;
Items purchased by and shipped to Buyers in locations in the U.K. may be
subject to applicable local sales or use tax, privilege tax or similar
transaction-based taxes ("State Tax"). Items purchased by and shipped
to Buyers in locations outside the U.K. may also be subject to applicable
taxes, including value added taxes (collectively with U.K Tax, "Taxes").
The amount of Taxes is based on a number of factors, including but not limited
to the type of Items purchased, the Buyer's designated delivery address, and/or
the location of the Seller. Buyers are responsible for paying the applicable
purchase price for a purchased Item to the Seller, as well as any shipping
costs (which are detailed in the Fee Policy) and paying applicable Taxes and/or
duties associated with the purchase and sale of any Items through the Service.
For Buyers in the U.K., the rate of Tax applied to purchases of taxable Items
is a combined rate based on the state and local rates of the address where the
Items are delivered to or shipped from.
Buyers may use certain Digital Umbrella LTD promotions or credits towards the purchase of Items. Depending on the type of promotion or credit used, it may reduce the amount of Taxes that apply to a Buyer’s order.
The application of the promotion or credit will be reflected at the time of checkout and on the receipt of purchase.. Tax and shipping costs are not included in the listed price for any Items listed by Sellers through the Service but will be displayed to Buyers before confirmation of any purchase.
When a Buyer chooses to make an offer an estimated amount of Tax will be displayed. The estimated amount of Taxes is an estimate of applicable Taxes based on several factors, including the offer price, Buyers designated delivery address and rates of Taxes in effect at that time. If the offer price is accepted, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the offer is submitted. If there is a counteroffer from the Seller, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the counteroffer is accepted. The amount of Taxes may change and be updated when the order is finalized and completed through the Service. Sellers are responsible for paying Digital Umbrella LTD commission as well as all taxes imposed or measured by Seller’s net income, profits, and/or revenues associated with the sale of any Items through the Service.
Buyers may pay for Items using credit cards or other payment methods. If you submit your payment information through the Service, then you authorize Digital Umbrella LTD to store that payment formation and charge your payment method for any Item you purchase.
We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.
Digital Umbrella LTD is not affiliated with or endorsed by any
manufacturer, retailer or brand of the items that users buy or sell through the
Service: Digital Umbrella LTD is a marketplace and technology platform and is
not involved in any transaction between Buyers and Sellers, does not obtain
title to any purchased items and does not act as Buyer, Seller (or affiliate
for a Buyer or Seller) or broker with respect to any such transactions. There
are risks that you assume when dealing with other users (including those who
may be acting under false pretenses). You agree that all of these risks are
borne by you, and not Digital Umbrella LTD. We encourage you to use the various
functionalities of the Service (e.g., our direct messaging platform) to help
evaluate the user with whom you are dealing.
Digital Umbrella.LTD does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, Digital Umbrella LTD does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed.
Additionally, Digital Umbrella LTD does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Digital Umbrella LTD reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Digital Umbrella LTD and its users from illegal or wrongful activities or other violations of these Terms.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.
Digital Umbrella LTD prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, the Items listed in our Prohibited Items Policy.
You must have the right to sell the items that you are listing for sale through the Service. You must describe your item (including the original price) and all terms of sale in your listing truthfully, accurately and completely.
You are responsible for reading the full item listing before making an offer. When you make an offer and your offer is accepted by the Seller, you have a contract with the Seller.
Buyers may offer to purchase Items from Sellers. Once an offer is
accepted by Seller, the sale transaction is binding on both Seller and Buyer,
and no returns, refunds, cancellations or retractions are allowed, except as
permitted by these Terms. Once the offer is accepted by Seller, Buyer must pay
the purchase price and shipping costs for the Item through the Service. After
doing so, Buyer’s obligations are complete, unless Buyer requests a permitted
return. After Buyer pays those amounts, Digital Umbrella LTD will provide
Seller with a prepaid shipping label ("Label"), generated to the sale
page on the Seller’s account.
Once the Label is provided to the Seller, Digital Umbrella LTD’s obligations for that sale are complete.
If an Item has not been shipped after 7 days, Buyers will have the option to cancel the sale, unless the Seller has already printed the shipping label. All Buyers can cancel their unshipped orders after 14 days, regardless of whether the Seller has accessed the shipping label.
Digital Umbrella LTD automatically cancels and refunds all orders after 21 days, unless an extension has been requested by the buyer and seller.
When using a Label if provided by Digital Umbrella LTD: (i)
Seller may only use the Label to ship the applicable Item; (ii)
Labels may not be transferred or sold to a third party; (iii)
Seller is fully responsible for the contents of any parcels shipped using the Label; and (iv)
Seller must comply with the terms and conditions and any other policies or rules imposed by the carrier used to ship the Items. As a Buyer, if an Item shipped with a Label is lost, damaged, or arrives later than expected, or is the wrong Item, we have no obligation to you; however, please report the issue to us through the Service within three days after delivery.
Digital Umbrella LTD reserves the right to discontinue providing Labels to any or all users at any time and for any reason.
Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service or by failing to notify Digital Umbrella LTD of any issues with the Item within three days of delivery of the item, as determined by the tracking information on the Label), then Digital Umbrella LTD will credit Seller’s account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), minus Digital Umbrella LTD’s commission, as set forth in the Fee Policy. Funds credited to Seller’s account may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from Digital Umbrella LTD chosen financial institution) or used by Seller to purchase items listed by other Sellers through the Service.
We do not currently allow the return of items that are as advertised, but we do strive to make our customers happy. If the item you receive is not as described on the Service, then you must report the issue in the Digital Umbrella LTD Service within 3 days after delivery of the purchased item. The order becomes non-refundable as soon as you have approved the sale or 72 hours after the item has arrived at your address-- whichever comes first. Once the order is non-refundable, funds will be released to the Seller, as described in the Purchases section of these terms.
Intellectual Property RightsService Content, Software and Trademarks:
You acknowledge and agree that the Service may contain images and
descriptions of sporting goods items and other content (collectively,
"Service Content") that is protected by copyright, patent, trademark,
trade secret or other proprietary rights and laws. Except as expressly
authorized by Digital Umbrella LTD, you agree not to modify, copy, frame,
scrape, rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Service Content, in whole or in part, except that the
foregoing does not apply to your own User Content (as defined below) that you
legally upload to the Service. In connection with your use of the Service you
shall not engage in or use any data mining, robots, scraping or similar data
gathering or extraction methods. Any use of the Service or the Service Content
other than as specifically authorized herein is strictly prohibited. The
technology underlying the Service (including the Software distributed in
connection therewith) is the property of Digital Umbrella LTD, our affiliates
and our partners. You agree not to copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, or otherwise transfer any right in the Service
(including the Software). Any rights not expressly granted herein are reserved
by Digital Umbrella LTD.The Digital Umbrella LTD name and logos are trademarks
and service marks of Digital Umbrella (collectively the "Digital Umbrella
Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Digital Umbrella LTD. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of Digital Umbrella LTD Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Digital Umbrella LTD Trademarks will inure to our exclusive benefit.
When you use the Service or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and optional content.
Under no circumstances will Digital Umbrella LTD be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that Digital Umbrella LTD does not pre-screen items or content, but that Digital Umbrella LTD and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, Digital Umbrella LTD and its designees shall have the right to remove any item or content that violates these Terms of Service or is deemed by Digital Umbrella LTD, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.
Posted on the Site:
You are solely responsible for the content you post or transmit on or
through the Service (collectively, "User Content"). You will not post
any content that you did not create or that you do not own all right, title and
interest in and to, including, without limitation, all copyright and rights of
publicity contained therein.
By posting or otherwise transmitting any User Content you hereby grant and will grant to Digital Umbrella LTD and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Digital Umbrella LTD, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).You agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Digital Umbrella LTD are non-confidential and Digital Umbrella LTD shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Digital Umbrella LTD may preserve content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Digital Umbrella LTD, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Digital Umbrella LTD respects the intellectual property of others, and
we ask our users to do the same. Digital Umbrella LTD will promptly process and
investigate notices of alleged infringement and will take appropriate actions
under the Digital Millennium Copyright Act, the Copyright Act and other
applicable intellectual property laws with respect to any alleged or actual
infringement. If you believe that your work has been copied in a way that
constitutes copyright infringement, or that your intellectual property rights
have been otherwise violated, please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest; a
description of the copyrighted work or other intellectual property that you
claim has been infringed; a description of where the material that you claim is
infringing is located on the Service, with enough detail that we may find it on
the Service; your address, telephone number, and email address; a statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright or intellectual property owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner‘s
behalf. If you believe that your User Content that was removed (or to which
access was disabled) is not infringing, or that you have the authorization from
the copyright owner, the copyright owner's agent, or pursuant to the law, to
post and use the content in your User Content, you may send a written
counter-notice containing the following information: your physical or
electronic signature; identification of
the content that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or disabled; a
statement that you have a good faith belief that the content was removed or
disabled as a result of mistake or misidentification of the content; your name,
address, telephone number, and email address.
If a counter-notice is received, Digital Umbrella LTD will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. The above information should be sent to Digital Umbrella by email to the following address: email@example.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at: Third Party Websites.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Digital Umbrella LTD has no control over such sites and resources and Digital Umbrella LTD is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Digital Umbrella LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Digital Umbrella LTD is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. Digital Umbrella LTD
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Digital Umbrella LTD MAKES NO WARRANTY THAT
(I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS,
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR
(IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Digital Umbrella LTD SHALL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY
DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Digital
Umbrella LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING
(I) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE);
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL Digital Umbrella LTD TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO Digital Umbrella LTD AS A SELLER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.K. POUNDS (UKP $100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that Digital Umbrella LTD, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if Digital Umbrella LTD believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Digital Umbrella LTD may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Digital Umbrella LTD may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Digital Umbrella LTD shall not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and Digital Umbrella LTD will have no liability or responsibility with respect thereto. Digital Umbrella LTD reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and
Digital Umbrella LTD and govern your use of the Service, superseding any prior
agreements between you and Digital Umbrella LTD with respect to the Service.
You also may be subject to additional terms and conditions that may apply when
you use affiliate or third-party services, third-party content or third-party
software. These Terms of Service shall be governed by the laws of the United
Kingdom without regard to its conflict of law provisions. With respect to any
disputes or claims, you and Digital Umbrella LTD agree to submit to the personal
and exclusive jurisdiction of the state and federal courts located within U.K.
The failure of Digital Umbrella LTD to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
or provision. If any provision of these Terms of Service is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavour to give effect to the parties' intentions as reflected
in the provision, and the other provisions of these Terms of Service remain in
full force and effect.
You agree that regardless of any statute or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year (unless applicable law provides for a longer period) after such claim or cause of action arose or be forever barred.
This electronic document and all other electronic documents referred to or incorporated herein, will be:
(a) deemed for all purposes to be a "writing" or "in writing" and to comply with all statutory, contractual, and other legal requirements for a writing; and
(b) legally enforceable as a signed agreement. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Effective Date: January1 2021