Hypnopomp Guitars is a trading-as name for Dreamscope Media Group Limited
Updated: 1 June 2021
AGREEMENT TO TERMS
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.
INTELLECTUAL PROPERTY RIGHTS
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.
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).
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 retrieving data or content from the Site to create a collection or database without written permission from us
- Trick, defraud, or mislead us or 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. This includes features that prevent/restrict the use of any content limits site usage.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Site.
- Harass, abuse, or harm another person using any information obtained from the Site.
- Use the support services improperly, or submit false reports of abuse or misconduct.
- Use the Site inconsistently with any applicable laws or regulations.
- Advertise or offer to sell goods and services on our Site.
- Framing or linking to the Site without authorization.
- Attempt to upload or transmit viruses, Trojan horses, or other materials (including excessive use of capital letters and spamming) that interferes with any party's uninterrupted use of our Site and its features.
- Use scripts, data-mining, robots, or similar data gathering tools to send comments or messages.
- Delete the copyright or other proprietary rights notice from any content.
- Impersonate another user or person or use the username of another user.
- Sell or otherwise transfer their profile.
- Upload any materials that actively or passively collects information or acts as a transmission mechanism (includes gifs, 1x1 pixels, web bugs, cookies, spyware, pcms, etc.)
- Interfere, disrupt, or create an undue burden on our Site, networks, or services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Site to you.
- Bypass measures of our Site designed to prevent/restrict access.
- Decipher, decompile, disassemble, or reverse engineer any of the software that makes up our 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 any automated system (spiders, robots, cheat utility, scraper, offline reader) to access the Site, or launch any unauthorized script or software (Unless as a result of a standard search engine or internet browser usage).
- Use our Site in an unauthorized way (collecting usernames, email addresses, of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses).
- Use our Site in an effort to compete with you, or otherwise use our Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- The creation, distribution, transmission,m public display, or performance, and the accessing, downloading, or copyright 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 Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- You 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 contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- 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.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensations 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 areas 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.
'STREET TEAM' AFFILIATE PROGRAMME
“this Agreement” shall mean the contents of the contract between Hypnopomp trading as Hypnopomp and the Affiliate in respect of the Programme.
“Dreamscope Media Group”, “Dreamscope”, “DSMG”, and “Hypnopomp” shall mean Dreamscope Media Group Ltd. of (Company No. 10358292), whose registered address is 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom.
‘the Site’ shall mean Hypnopomp.co.uk website.
‘the Programme’ or ‘Street Team’ shall mean the affiliate Programme as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the HTML link provided from time to time by Hypnopomp to link the Affiliate’s website to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the Programme.
- The Programme
2.1 The Programme shall be the affiliate programme as set out on the Site from time to time.
2.2 Hypnopomp is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. Hypnopomp may make any such change by publishing any revised terms on the Site.
2.3 The Programme is expressly a business-to-business relationship and both Hypnopomp and the Affiliate enter into it in a business capacity and not as a consumer.
2.4 The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of Hypnopomp other than as an Affiliate as expressly provided for in this Agreement.
3.1 Hypnopomp reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
3.2 In particular if Hypnopomp deems that the Affiliate’s website or social media profile is inappropriate for the Programme then this Agreement shall be terminated. The Affiliate’s website may be deemed inappropriate if in the view of Hypnopomp it contains, promotes or contains links to sites that are:
3.3 discriminatory, sexually explicit or violent material, or
3.3 promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
3.4 contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
3.5 contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
3.6 for any other reason that is deemed by Hypnopomp (at its sole discretion) to be unsuitable.
3.7 Upon Clicking on the ‘become an affiliate’ button you are automatically accepted on the Programme. Hypnopomp reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that Hypnopomp deems relevant. Acceptance into the Programme does not mean that Hypnopomp has specifically approved the Affiliate or its website or social media.
- Legitimate methods of advertising
4.1 In order to receive commission’s for referring customers to Hypnopomp, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. Hypnopomp shall be the sole and absolute arbiter of what constitutes proper advertising.
4.2 A non-exhaustive list of examples of improper advertising shall include but not be limited to:
4.2.1 the forwarding of any urls direct to hypnopomp.co.uk (this includes misspells of the above trademark domain); and
4.2.2 forcing cookies through iframes;
4.2.3 advertising through third party networks; with the exception arising from Clause 4.3 below;
4.2.4 brand bidding (including misspells) for PPC advertising,
4.2.5 including your Hypnopomp affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
4.2.6 including any of Hypnopomp url in search adverts.
4.3 Affiliates are permitted to promote Hypnopomp through various social media communities, as a limited exception to Clause 4.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of Hypnopomp.
4.4 Hypnopomp reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on Hypnopomp to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
4.5 Any Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of Hypnopomp.
4.6 Any sales that have been generated through improper advertising will not qualify for commission or credit from Hypnopomp.
4.7 Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by Hypnopomp to them. If Hypnopomp elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
- The Procedure
5.1 Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the Hypnopomp Services to your site’s visitors and/or its members. The Hypnopomp link may contain any picture, text, logo, graphic, that maybe be attributed with Hypnopomp.
5.2 Hypnopomp reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for Hypnopomp products directly with us. The presence of the Hypnopomp link on your site will serve to identify you as a member of our Affiliate Programme.
- The Payment of Commission
6.1 Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 120 days using a cookie. You will earn commission on their first order that is placed during the 120 day period. Hypnopomp will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
6.2 Affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
6.3 Hypnopomp is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
6.4 Hypnopomp reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
6.5 Hypnopomp will only make a payment to the Affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.
6.6 the commission balance threshold for the purpose of this agreement is £25.
6.7 Hypnopomp reserves the sole right to change the commission balance threshold at any time it sees fit without the prior the consent of its affiliates. In the event of a commission balance threshold change Hypnopomp shall notify all its affiliates of the change beforehand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
6.8 The Affiliate’s continuing participation in the Programme constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
6.9 Affiliates that exceed the commission balance threshold will automatically be sent a payment through Stripe. Affiliates that do not exceed the commission balance threshold can apply their balance as credit and use it for the renewal of their Hypnopomp accounts or use this credit to purchase new Hypnopomp products or services.
6.10 Affiliates that do not reach the £25 commission balance threshold in one calendar month will not lose their accrued commission, instead this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the client reaches the commission balance threshold when they will be entitled to receive a payment from Hypnopomp.
6.11 Hypnopomp will only pay out commissions on sales that are 60 days old. Commissions for sales over 60 days old will be paid once the £25 threshold is reached.
6.12 You will be paid via Stripe and must have completed your Stripe onboarding before payment can be processed. If you have not completed this process, you will be notified at the top of your affiliate dashboard until you do. It is the sole responsibility of an Affiliate to make sure that their payment details are up to date and accurate on Stripe in order for Hypnopomp to facilitate payment. If incorrect payment details are entered, then you could lose the commission once it is transferred.
6.13 In the event that an affiliate has not received their payment after 28 days Hypnopomp will reissue the Affiliate’s payment provided that the original payment has not cleared our account.
6.14 All missing payments must be followed up within six months of the date of their issue. All payments due from missing payments that have not been brought to the attention of Hypnopomp within six months shall be deemed to have been forfeited by the Affiliate.
6.15 Affiliates will only be paid Commissions for the first order made by their referral customer only. Commissions will not be paid on orders made by existing Hypnopomp customers. Hypnopomp will not pay commission for products that an Affiliate purchases for itself through the Link. The Hypnopomp system will simply not recognise this as an Affiliate sale.
6.16 The rates of commission payable to the Affiliate from time to time shall be published on the Site and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by Hypnopomp at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amended Schedule 1 is published on the site.
- Hypnopomp’s Obligations
Hypnopomp agrees to undertake the following obligations:
7.1 provide all information necessary to allow the Affiliate to make necessary the Link from the hypnopomp.co.uk to the Affiliate’s site,
7.2 processing all orders for Hypnopomp products or services placed by a referral following the Link,
7.3 tracking the number and amount of relevant sales generated through the Link,
7.4 providing information to you regarding commission payments,
7.5 credit card authorisations, payment processing, cancellations, returns, and all other related customer service for Hypnopomp for the purpose of our business, and
7.6 establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
- The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep Hypnopomp fully indemnified in respect of:
8.1 the content of the Affiliate’s site or any site that they may be connected to,
8.2 any misrepresentation of Hypnopomp or its products or services,
8.3 making of any false claims, representations or warranties in connection with Hypnopomp,
8.3 ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.4 obtaining permission to use another party’s copyrighted or any other proprietary material,
8.5 the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. Hypnopomp hereby disclaim all liability for all such matters,
8.6 Affiliates also agree to indemnify and hold harmless Hypnopomp, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.7 complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
8.8 the payment of all tax and national insurance payable on any payments made to you by Hypnopomp.
- Right to Name as a Reference Customer
9.1 Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to Hypnopomp other than those mentioned in this Agreement or otherwise provided by Hypnopomp, without the prior written consent of Hypnopomp. Hypnopomp reserves the right to refuse any request for consent under this Agreement.
- The License
10.1 Hypnopomp grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the hypnopomp.co.uk site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to Hypnopomp and which Hypnopomp shall provide to the Affiliate, for the sole purpose of establishing the Link to hypnopomp.co.uk so customers can purchase Hypnopomp products and services.
10.2 Affiliates cannot modify or change the Link or any other materials provided by Hypnopomp in any way.
10.3 Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by Hypnopomp without first obtaining the prior written consent of Hypnopomp. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the Hypnopomp brand or any other brands.
10.4 Hypnopomp reserves all of its rights in the materials provided and all of its other proprietary rights. Hypnopomp shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5 The licenses described in this Section shall expire upon the termination of this Agreement.
10.6 Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Hypnopomp may be cause for immediate termination of this Agreement.
- Terms of the Affilliate Programme agreement
11.1 The terms of this Agreement will begin upon your signup with the Programme and will end when your affiliate account is terminated.
11.2 Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products or services from Hypnopomp. Affiliates that have reached the £25 commission threshold will be paid upon the termination of the Agreement subject always to the terms of this Agreement as shall be published from time to time.
12.1 Hypnopomp reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Hypnopomp shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
- Limitation of Liability
13.1 Hypnopomp shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Hypnopomp has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
13.2 Hypnopomp’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
13.3 Hypnopomp makes no warranties, either express or implied, concerning the performance or functionality of the Hypnopomp services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
13.4 Hypnopomp shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or Hypnopomp.
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 your 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.
TERM AND TERMINATION
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.
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.
These Terms shall be governed by and defined following the laws of England and Wales. Dreamscope Media Group and yourself irrevocably consent that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Any dispute arising out of or in connection with this contract, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrations shall be 6. The seat, or legal place, of arbitration, shall be London. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales.
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 proceedings; (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 Arbitration
The PArties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property of a Party; (b) any Dispute related to, or arising from, allegations of theft, privacy, invasion of privacy, or unauthorised 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.
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.
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 PURPOSES, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRENSTAIONTS 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 IWLL 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 OUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION 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 YOUR FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES, BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR £1,000. 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.
We will maintain certain data that you transmit for 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 to action against us arising from any such loss or corruption of data.
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 ELECTONIC 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.
This Agreement is governed by the laws of England and Wales. If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of the Agreement. This Agreement is the complete statement of the agreement and supersedes any proposal or prior communications between us relating to the subject matter of this Agreement. If you have any questions regarding this Agreement, you may contact Dreamscope Media Group Limited at the address or e-mail listed.
71-75 Shelton Street