2. General Use Restrictions
All products, goods, software, scripts, and services (including hosted software as a service or similar services) created by Brew Digital or Adaptavist Group are known as the “Software”. All documents, web pages, logos, blogs, videos, graphics, sounds or images are known as “Content.” Software and Content, together with anything else on the Website, are known as “Materials,”; all Materials on the Websites were provided by Brew Digital or by the respective manufacturers, authors, developers and vendors of the Materials (the “Third Party Providers”). All Materials are the copyrighted work of Brew Digital and/or the Third Party Providers. Except as stated herein or expressly on a Website, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Brew Digital and, if applicable, the Third Party Provider. For avoidance of doubt, you also may not, without Brew Digital’s prior express written permission, link to or “mirror” any Website or any Material contained on a Website.
2.1. No License
Furthermore, nothing on the Websites shall be construed as conferring any license under any of Brew Digital, any member of Adaptavist Group, or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
2.2. Unauthorised or unlawful use
Any unauthorised use of any Materials contained on the Websites may violate copyright laws, intellectual copyright laws, trademark laws, the laws of privacy and publicity, and various regulations and statutes. You agree not to use this site nor any Materials for any unlawful purposes, or for any purposes that would violate the Terms.
2.3. Your content
You agree that any material that you upload or otherwise share on or through the Websites is material for which you have the right and authority to share. Unless otherwise specifically stated in these Terms, you grant Brew Digital and Adaptavist Group Limited a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the material for whatever purposes, commercial or otherwise, Brew Digital or Adaptavist Group Limited chooses.
2.4. Your use of the site
You agree to use the Website in a reasonable and obvious way for which it was established, and not in any way that might overload or stress the site. You furthermore agree not to attempt to reverse engineer any part of the site or gain access to areas of the site or Materials to which you are not clearly entitled.
3. Third Party Content Disclaimer
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Brew Digital. Brew Digital is committed to respecting others’ intellectual property rights, and we require our users to do the same. Brew Digital may, at its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Websites, please contact us at firstname.lastname@example.org.
4. Links to Third Party Sites
The Websites may be linked to other websites which are not under the control of and are not maintained by Brew Digital. Brew Digital is not responsible for the content of those sites. Brew Digital is providing these links to you only for your convenience, and the inclusion of any link to such sites does not imply endorsement by Brew Digital of those sites. You bear all risks associated with your access, or use, of those sites and any third party content, products and services available on or by means of those sites.
5. Disclaimer of Warranty
Unless otherwise explicitly stated, the Websites and Materials are provided 'as is', and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, accuracy, fitness for a particular purpose, or non-infringement are disclaimed to the maximum extent permitted by law. Brew Digital makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the Content, nor that access to or use of the Websites or any Software shall be uninterrupted or without delays or errors.
6. Limitation of Liability and Exclusion of Consequential Loss
Neither Brew Digital or any member of Adaptavist Group shall be liable for any loss or interruption of business, revenue, profits, use, data, wasted expenditure or other economic disadvantage, nor any indirect, punitive, special, incidental, or consequential damages suffered as a result of using the Websites, or the Materials provided on a Website. You shall hold Brew Digital and all members of Adaptavist Group harmless from any claims by yourself or your customer(s) for such losses. The remedies set forth herein are exclusive to the greatest extent permitted by law, and Brew Digital and all members of Adaptavist Group’s aggregate liability whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis shall not exceed $10 (Ten US Dollars) and you shall hold Brew Digital and all members of Adaptavist Group harmless for all losses in excess of this sum. The foregoing exclusions and limitations of liability shall apply however such liability arises, whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis, even if Brew Digital has been previously advised of the possibility of such damage.
8. Local Laws; Export Control
Brew Digital’s parent company, Adaptavist Group Limited, controls the Websites from England, United Kingdom and makes no representation that the Materials are appropriate or available for use in locations other than the United Kingdom. If you use the Websites from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that Materials are subject to the Laws of England and Wales. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorised by the UK Government and the US Government.
9. Applicable Law
Any action related to these Terms will be governed by the law of England and Wales. Any disputes relating to these Terms will be governed by and construed in accordance with the applicable laws of England and Wales and shall be submitted to the exclusive jurisdiction of the English courts. Notwithstanding the foregoing, Adaptavist may bring a claim for equitable relief in any court with proper jurisdiction. If any of these terms are found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties and no other terms will be modified. Adaptavist Group Limited and Brew Digital’s failure to enforce any of the terms in these Terms is not a waiver of such terms. The Terms are the entire agreement between you and Brew Digital and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Brew Digital about the Websites and Materials. The proprietary rights, disclaimer of warranties, indemnities and limitations of liability shall survive any termination of the Terms.
10. Changes to the Websites
These Terms represent the entire understanding relating to the use of the Websites and prevail over any prior contemporaneous, conflicting or additional communications. Brew Digital may revise these Terms at any time without notice by updating the Websites and it is your responsibility to check these terms from time to time. .