Terms of Use of Digital Umbrella LTD.
("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.digitalumbrella.org (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
Umbrella LTD.
IF YOU DO NOT ACCEPT THESE TERMS, YOU
CANNOT USE THE SERVICE.
The Terms include, and incorporate by reference, the following policies:
the Digital Umbrella LTD Privacy Policy,
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
(including your friend lists and the like), please see our Privacy Policy at http://www.DigitalUmbrella.org/privacy.
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 the 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
information about you are governed by our Privacy Policy. The Service is
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.
Mobile Services:
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, Shipping cost.
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;
Shipping cost: All prices are displayed except taxes, fees and shipping cost
Buyer Responsibility:
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.
Estimated Taxes:
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.
Payments:
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.
FEE Modifications:
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.
Marketplace Risk:
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.
Prohibited Items:
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.
Sellers:
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.
Buyers:
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.
Purchases:
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.
Returns:
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 Rights, Service 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, sub-license, 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
LTD Trademarks").
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 insure to our exclusive benefit.
Electronic Communications:
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 by 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.
Third-Party Material:
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.
Infringement Policy:
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 mis-identification 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: info@digitalumbrella.org (Subject
line: "DMCA Take down 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
YOU AGREE TO INDEMNIFY AND HOLD Digital Umbrella LTD AND (AS
APPLICABLE), AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS
FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY
THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS, THE PRIVACY
POLICY, OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF
ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE
FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.
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
FROM:
(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.
Termination
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.
User Disputes
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.
General.
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 the 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 endeavor 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
Big Basket 
please_wait...