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Terms and Conditions

These following types of sites are not allowed on the Zimbile platform.

 

The term 'Zimbile' or 'us' or 'we' refers to the owner of the website.   The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

Sharing Your Content and Information

You own all of the user content and information you post on Zimbile and you can control how it is shared through your settings.   In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  This license ends when you delete your user content or your account unless your content has been shared with others, and they have not deleted it.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. When you delete your user content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to Zimbile, or stored on our servers, or hosted or published upon our website.  If we remove your content for infringing someone else's intellectual property, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.  If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

Limited warranties

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and exclusions of liability

Nothing in these terms and conditions will:

(a) limit or exclude our or your liability for death or personal injury resulting from negligence;

(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;

(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or

(d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:

(a) are subject to the preceding paragraph; and

(b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respesekct of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

Redistribution and reproduction

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

The above redistribution or reproduction is subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  1. republish material from this website (including republication on another website);
  2. sell, rent or sub-license material from the website;
  3. show any material from the website in public;
  4.  reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

The content of the pages of this website is for your general information and use only.  It is subject to change without notice.

We may also revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website.  Please check this page regularly to ensure you are familiar with the current version.

Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales

 

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