Terms and Conditions
Last Modified: Thu May 07 2026
TABLE OF CONTENTS
AGREEMENT TO TERMS
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
LIFETIME PREMIUM OFFERS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
SOCIAL MEDIA
SUBMISSIONS
THIRD-PARTY WEBSITE AND CONTENT
SITE MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity
(“you”) and Griffin Digital Solutions ltd (“Company
,” “we,” “us,” or
“our”), concerning your access to and
use of the focus101.com website as well as any other media form,
media channel, mobile website or mobile application related, linked,
or otherwise connected thereto (collectively, the
“Site”). We are registered in England and have our
registered office at 26 Sheldon Avenue , London , England IG5 0UD .
You agree that by accessing the Site, you have read, understood, and
agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Site from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use from time to time. We
will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right
to receive specific notice of each such change. Please ensure that
you check the applicable Terms every time you use our Site so that
you understand which Terms apply. You will be subject to, and will
be deemed to have been made aware of and to have accepted, the
changes in any revised Terms of Use by your continued use of the
Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws, you may not
use this Site. You may not use the Site in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All
users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site. If
you are a minor, you must have your parent or guardian read and
agree to these Terms of Use prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks,
service marks, and logos contained therein (the “Marks”)
are owned or controlled by us or licensed to us, and are protected
by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS”
for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no Content
or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for
any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print
a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. We
reserve all rights not expressly granted to you in and to the Site,
the Content and the Marks.
3. USER
REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration
information as necessary ; (3) you have the legal capacity and
you agree to comply with these Terms of Use; (4) you are not
under the age of 13; (5) you are not a minor in the
jurisdiction in which you reside , or if a minor, you have
received parental permission to use the Site ; (6) you will not
access the Site through automated or non-human means, whether
through a bot, script, or otherwise; (7) you will not use the
Site for any illegal or unauthorized purpose; and (8) your use
of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Site (or any portion thereof).
4. USER
REGISTRATION
You may be required to register with the Site. You agree to keep
your password confidential and will be responsible for all use
of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene,
or otherwise objectionable.
LIFETIME OFFERS
“Lifetime” access refers to the operational lifetime of the specific
product or service offered by Focus101.com, and not the lifetime of
the purchaser.
Lifetime access applies only to the features and scope explicitly included at the time of purchase. Future products, premium features, integrations, add-ons, or separately priced services are not included unless expressly stated otherwise.
Focus101.com reserves the right to modify, replace, limit, discontinue, or rebrand any part of the product or service at any time. In the event of a discontinuation, Focus101.com may, at its sole discretion, offer a substantially similar replacement product, service credit, or terminate access without further obligation.
Lifetime licenses and accounts are non-transferable, non-resellable, and may not be shared across multiple individuals or organizations unless explicitly authorized in writing.
All lifetime offers are subject to reasonable and fair use. Excessive usage, abuse of system resources, automated misuse, credential sharing, spam, harassment, fraudulent behavior, illegal activity, or attempts to disrupt the platform may result in temporary suspension or permanent termination of access.
Sexually explicit, abusive, threatening, discriminatory, or otherwise inappropriate conduct is strictly prohibited. Users engaging in such conduct, including exposing genitals or sharing explicit sexual content in any Focus101.com community, communication channel, or event, may be permanently banned without refund.
Refund requests for lifetime purchases must be submitted within sixty (60) calendar days of the original purchase date. After this period, all purchases are final and non-refundable.
Refunds are not available for accounts terminated due to violations of these Terms, abuse, fraud, chargebacks, or prohibited conduct.
Initiating an unjustified chargeback or payment dispute may result in immediate suspension or permanent termination of the associated account and services pending investigation.
Focus101.com does not guarantee uninterrupted availability of the service and shall not be liable for temporary outages, third-party service failures, force majeure events, or technical interruptions.
Taxes, payment processor fees, currency conversion fees, and similar transaction costs are non-refundable except where required by applicable law.
Lifetime access applies only to the features and scope explicitly included at the time of purchase. Future products, premium features, integrations, add-ons, or separately priced services are not included unless expressly stated otherwise.
Focus101.com reserves the right to modify, replace, limit, discontinue, or rebrand any part of the product or service at any time. In the event of a discontinuation, Focus101.com may, at its sole discretion, offer a substantially similar replacement product, service credit, or terminate access without further obligation.
Lifetime licenses and accounts are non-transferable, non-resellable, and may not be shared across multiple individuals or organizations unless explicitly authorized in writing.
All lifetime offers are subject to reasonable and fair use. Excessive usage, abuse of system resources, automated misuse, credential sharing, spam, harassment, fraudulent behavior, illegal activity, or attempts to disrupt the platform may result in temporary suspension or permanent termination of access.
Sexually explicit, abusive, threatening, discriminatory, or otherwise inappropriate conduct is strictly prohibited. Users engaging in such conduct, including exposing genitals or sharing explicit sexual content in any Focus101.com community, communication channel, or event, may be permanently banned without refund.
Refund requests for lifetime purchases must be submitted within sixty (60) calendar days of the original purchase date. After this period, all purchases are final and non-refundable.
Refunds are not available for accounts terminated due to violations of these Terms, abuse, fraud, chargebacks, or prohibited conduct.
Initiating an unjustified chargeback or payment dispute may result in immediate suspension or permanent termination of the associated account and services pending investigation.
Focus101.com does not guarantee uninterrupted availability of the service and shall not be liable for temporary outages, third-party service failures, force majeure events, or technical interruptions.
Taxes, payment processor fees, currency conversion fees, and similar transaction costs are non-refundable except where required by applicable law.
5. PROHIBITED
ACTIVITIES
You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be
used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Site to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
- Harass other users
- Any other illegal activity
6. USER
GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We
may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal
information or other material (collectively,
“Contributions”). Contributions may be viewable by other
users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated in accordance
with the Site Privacy Policy. When you create or make
available any Contributions, you thereby represent and
warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates
these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the Site.
7. CONTRIBUTION
LICENSE
You agree that we may access, store, process, and use any
information and personal data that you provide following the
terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions or other feedback regarding the Site,
you agree that we can use and share such feedback for any
purpose without compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
8. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with
online accounts you have with third-party service providers (each such
account, a “Third-Party Account”) by either: (1) providing
your Third-Party Account login information through the Site; or (2)
allowing us to access your Third-Party Account, as is permitted under
the applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that you are entitled to
disclose your Third-Party Account login information to us and/or grant
us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any fees or making
us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided
to and stored in your Third-Party Account (the “Social Network
Content”) so that it is available on and through the Site via your
account, including without limitation any friend lists and (2) we may
submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account
with the Third-Party Account. Depending on the Third-Party Accounts you
choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post
to your Third-Party Accounts may be available on and through your
account on the Site. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third Party
Account is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the Site. You
will have the ability to disable the connection between your account on
the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT
YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH
SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not limited to,
for accuracy, legality, or non-infringement, and we are not responsible
for any Social Network Content. You acknowledge and agree that we may
access your email address book associated with a Third-Party Account and
your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those contacts
who have also registered to use the Site. You can deactivate the
connection between the Site and your Third-Party Account by contacting
us using the contact information below or through your account settings
(if applicable). We will attempt to delete any information stored on our
servers that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your account.
9. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site (“Submissions”)
provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of
any proprietary right in your Submissions.
10. THIRD-PARTY WEBSITE AND
CONTENT
The Site may contain (or you may be sent via the Site) links to other
websites (“Third-Party Websites”) as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties (“Third-Party Content”). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Site
or any Third-Party Content posted on, available through, or installed
from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or
any Third-Party Content does not imply approval or endorsement thereof
by us. If you decide to leave the Site and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your
own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from
the Site or relating to any applications you use or install from the
Site. Any purchases you make through Third-Party Websites will be
through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused
by your purchase of such products or services. Additionally, you shall
hold us harmless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites.
11. SITE
MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms of Use; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of
the Site.
12. PRIVACY POLICY
We care about data privacy and security. By using the Site,
you agree to be bound by our Privacy Policy posted on the Site,
which is incorporated into these Terms of Use. Please be advised
the Site is hosted in Germany . If you access the Site from any
other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that
differ from applicable laws in Germany , then through your
continued use of the Site, you are transferring your data to
Germany , and you agree to have your data transferred to and
processed in Germany . Further, we do not knowingly accept,
request, or solicit information from children or knowingly
market to children. Therefore, in accordance with the U.S.
Children’s Online Privacy Protection Act, if we receive
actual knowledge that anyone under the age of 13 has provided
personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Site
as quickly as is reasonably practical.
13. TERM AND
TERMINATION
These Terms of Use shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents
of the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Site.
We cannot guarantee the Site will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
15. GOVERNING
LAW
These conditions are governed by and interpreted following the
laws of England , and the use of the United Nations Convention
of Contracts for the International Sale of Goods is expressly
excluded. If your habitual residence is in the EU, and you are a
consumer, you additionally possess the protection provided to
you by obligatory provisions of the law of your country of
residence. Griffin Digital Solutions ltd and yourself both agree
to submit to the non-exclusive jurisdiction of the courts of
__________, which means that you may make a claim to defend your
consumer protection rights in regards to these Terms of Use in
England , or in the EU country in which you reside.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each
“Dispute” and collectively, the “Disputes”)
brought by either you or us (individually, a
“Party” and collectively, the
“Parties”), the Parties agree to first attempt
to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least three hundred sixty
five (365) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to
the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to
this contract shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of the
European Court of Arbitration being part of the European Centre of
Arbitration having its seat in Strasbourg, and which are in force at
the time the application for arbitration is filed, and of which
adoption of this clause constitutes acceptance. The seat of
arbitration shall be London, England . The language of the
proceedings shall be English. Applicable rules of substantive law
shall be the law of England .
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to
the above provisions concerning informal negotiations and
binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal
jurisdiction of that court.
17. CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior
notice.
18. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT
OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN
US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any
breach of your representations and warranties set forth in these
Terms of Use; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Site with whom
you connected via the Site. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability
to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or
corruption of such data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us
on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
25. CONTACT
US
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us
at:
Griffin Digital Solutions ltd
26 Sheldon Avenue
London , England IG5 0UD
England
Phone: __________
__________
These terms of use were created using Termly’s
Terms and Conditions Generator.
