Nebuli® General Terms and Conditions
We keep our general terms and conditions agreement contained herein, as well as throughout our products, services, software, applications and websites, under regular review. This agreement was last updated on July 1st, 2019.
1.2. Nebuli offers its products and services, including all information, services, news releases, editorial productions and interactive media available from this web site or offered as part of or in conjunction with this web site (Collectively “web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated in this document. Nebuli reserves the right to make changes to these terms and conditions immediately by posting the changed terms and conditions in this location without any prior notice. For this reason, we strongly advise you to review these terms and conditions REGULARLY.
2. PARTIES AND DEFINITIONS
2.1. This agreement describes how Nebuli Limited (“Nebuli Ltd.”, “Nebuli”, “Company”, “we”, or “us”) – a UK-based company which is a limited liability company incorporated under the laws of England – operates its products and services including, but not limited to, services provided at or using the domains nebuli.com, aiq.org, subdomains and any other websites owned by Nebuli (the “Sites”); tools or applications including, but not limited to, mobile and other software applications related to the Site (the “Applications”); and images, text, playlists, metadata, and other material available through the Service (the “Content”) (collectively, the “Service”).
2.2. This agreement applies when you (“you”, “User” “Participant”, “Contributor”, “Visitor”, “Organisation”, “Legal Entity”, “Member”, “Subscriber” or “Customer”) access, visit or use any portion of the Service.
3. Web Site Use
3.1. The web site is for your personal and non-commercial use. As a condition to your continued use of the web site, you warrant to Nebuli that you will not use the web site for any purpose that is unlawful or prohibited by these terms and conditions of use.
4. Exclusion of Liability
4.1. EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY NEBULI’S NEGLIGENCE, NEITHER NEBULI NOR ITS LICENSORS WILL BE LIABLE BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT) OR ANY IMPLIED WARRANTY, CONDITION, OR OTHER TERM, OR ANY DUTY AT COMMON LAW OR UNDER THE EXPRESS TERMS OF THIS OR ANY OTHER TERMS AND CONDITIONS OF USE, FOR LOSS OF PROFIT, LOSS OF REVENUE OR DATA, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION WHATSOEVER (WHETHER CAUSED BY THE NEGLIGENCE OF NEBULI, ITS LICENSORS OR ITS EMPLOYEES OR AGENTS OR OTHERWISE) WHICH ARISE OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB SITE (INCLUDING ANY DELAY IN SUPPLYING OR ANY FAILURE TO SUPPLY THE WEB SITE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF USE OR AT ALL) OR THEIR USE OR RE-SALE EVEN IF NEBULI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Web Site Monitoring
5.1. Nebuli is under no obligation to monitor this web site and assumes no responsibility or liability for content changed without Nebuli’s consent.
6.1. Nebuli assumes no responsibility or liability for any damages (including without limitation any damages caused by viruses) to your computer software, equipment or other property in connection with your access to or use of this web site or your downloads of any data, text, images, files or other materials from the web site.
7. No Warranties
7.1. WITHOUT LIMITING THE FOREGOING, YOU MUST NOTE THAT THIS WEB SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEBULI MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither Nebuli nor its personnel, agents, third-party information providers, merchants, licensors or the like warrant that the web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the web site on behalf of Nebuli. Nebuli reserves the right to change or discontinue at any time any aspect or feature of the web site.
8. Right of Indemnification
8.1. You agree to defend, indemnify and keep indemnified Nebuli, its officers, directors, affiliated companies, personnel and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Nebuli web site, or any content, product or service offered through the Nebuli web site. Nebuli shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.
9. Quality or Accuracy of Any Products, Content or Services Featured on the Web Site
9.1. The web site may contain hyperlinks to other websites offered by parties other than Nebuli. Such hyperlinks are provided for your reference and convenience only. Nebuli does not control these websites and is not responsible for their content; nor does Nebuli’s inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators. Unless otherwise specifically stated on this web site, Nebuli does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products, content or services featured in, or linked to, any advertisement appearing on this web site. It is your responsibility to verify any information contained within the linked sites before relying on it. Also, the information contained within the linked websites may be changed or updated at any time without any prior notice. Linked websites may have their own terms and conditions which we strongly advise you to locate and review.
9.2. Whilst every care has been taken during the preparation of the Nebuli web site, Nebuli cannot be held responsible for the accuracy of the information contained within the web site or for any consequences arising from the use of such information.
10.1. ALL material contained within the web site (including all products and services, HTML code and other codes) is protected by United Kingdom copyright laws. The copyright owner is Nebuli Limited. Except as otherwise expressly provided in these terms and conditions, you may NOT copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained within the web site without the prior consent of Nebuli. Each material contained within the Nebuli web site may NOT be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction or otherwise), resold or redistributed without the prior written consent of Nebuli. Violation of this provision may result in civil and criminal penalties!
10.2. You may produce single copies of materials displayed on the web site for your own personal and noncommercial use only, provided that any copies include the copyright notice, these terms and conditions and other notices displayed with the materials on the web site. You may NOT distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Nebuli or the copyright owner of the copied material. Requests to reproduce materials on the web site for distribution or other purposes should be mailed to:
8 Devonshire Square
11.1. You acknowledge and agree as between you and Nebuli that Nebuli owns the Nebuli® trademark, service marks, logos and other brand designations. Other (i.e. Third Party) trademarks may also appear on the web site with permission from their respective owners. You MUST be aware that unauthorized use of trademarks appearing on the web site may constitute trademark infringement, which could subject you to substantial civil penalties.
12. Governing Laws and Jurisdiction
12.1. The web site is maintained by Nebuli from its office in England, United Kingdom (UK). These terms and conditions shall be governed by the Laws of England and you agree to submit to the exclusive jurisdiction of the English Courts.
12.2. Nebuli makes no representation that materials on the web site are appropriate or available for use in other locations. Users who choose to access the web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The web site is not intended to subject Nebuli to the laws or jurisdiction of any country or territory other than England, UK.
Nebuli Ltd. Registered in England number 10622690. Registered Office: 8 Devonshire Square, London, EC2M 4PL, United Kingdom. VAT Number: GB 325 4117 30.