1. WHAT’S IN THESE TERMS?
The terms of service in the terms and conditions set out herein (“Terms”) form a legally binding contract (“Agreement”) between you (being any use of the DC Byte Platform which could be an individual, company, partnership and/or any other legal entity (referred to herein as “you”, “your” and “user”)) and us (being DC Byte Ltd (referred to herein as “DC Byte Ltd” or “DC Byte”)).
The Agreement governs your access to and/or use of the:
(a) DC Byte website (http://www.dcbyte.com/) including any of its subdomains, and any other websites through which DC Byte makes the DC Byte Services available (and/or any part thereof) (“Website”),
(b) DC Byte’s database containing data centre information and details and including applications, software, widgets, bots, tools, hardware, databases, data, APIs, interfaces, updates, and new releases (and/or any part thereof) (“Database”), and
(c) all associated services relating to the Website and Database (including but not limited to providing information and/or generating reports) (“DC Byte Services” or “Services”).
The Website, the Database and DC Byte Services together are hereinafter collectively referred to as the “DC Byte Platform”.
By using the DC Byte Platform in any way (including but not limited to browsing the website, generating any information and/or compiling reports and/or requesting or using any information and/or services from DC Byte Ltd) you hereby expressly agree that any services provided by DC Byte Ltd:
- Are provided on condition that you hereby agree to these terms and conditions. If you do not agree with these terms and conditions then you should not in any circumstances use any services and/or information provided by DC Byte Ltd; and
- Any services and/or information that is provided by DC Byte Ltd is provided subject always to these terms and conditions; and
- The user takes entire responsibility for the use it makes of the DC Byte Ltd Platform to achieve the user’s intended results or outcomes.
2. WHO WE ARE AND HOW TO CONTACT US
The DC Byte Platform is operated and provided by DC Byte Ltd (“DC Byte”, “we”, “us” or “our”). We are a private limited company registered in England and Wales under company number 10922025 and currently have our registered office at Warden House, 37 Manor Road, Colchester, Essex CO3 3LX, United Kingdom. To contact us, please email our customer service team at [email protected].
3. WHAT IS THE DC BYTE PLATFORM?
The DC Byte Platform is an online database and information site that may from time to time provide local and/or global market statistics and include information relating to Listings subject always to these terms and conditions. We may also offer the ability to sign up to a monthly roundup newsletter. A listing on the DC Byte Platform includes any information or content provided or viewable on the DC Byte Platform including but not limited to any property listings, events, press releases and/or products and/or services (a “Listing”).
We and/or the DC Byte Platform are not and/or do not act as an investment broker. Information on the DC Byte Platform does not constitute (a) commercial property, investment, legal, tax, accounting, brokerage and/or other professional advice and/or service, and/or inducement (b) investment recommendations, warranties, representations, undertakings and/or assurances, and (c) an offer to invest in, sell, buy and/or lease data centres, data centre space, and/or data centre assets. The Information on the DC Byte Platform may not be used for and/or relied upon for the purposes set out in this paragraph and/or any other purposes and is provided “as is” and for information only. No lawyer-client, broker, advisory, fiduciary and/or other relationship is created by (a) accessing and/or or using the DC Byte Platform, and/or (b) communicating by way of email (or otherwise) and/or through the DC Byte Platform. All enquiries must be made to the relevant advertiser on the website and DC Byte cannot and will not be able to answer any queries, questions and/or enquiries regarding investments in relation to any data centres.
By using the DC Byte Platform you hereby expressly agree that: (1) all details relating to any information and/or investments shall be the responsibility of the relevant advertiser and/or data centre, property or site and not the responsibility of DC Byte; (2) DC Byte uses reasonable endeavours to collate data centre information but does not in any circumstances and in any way endorse, check and/or validate any database information and/or advertiser’s credentials and/or advertisements and/or investments and/or any other information that may appear on the DC Byte platform; and (3) you will not take any action and/or make any claims of whatever nature and howsoever arising against DC Byte and/or any of its directors, officers and/or associated and/or affiliated companies in relation to any advertiser’s and/or data centre, property and/or site credentials and/or advertisements and/or investments and/or any other information that may appear on the DC Byte platform from time to time.
DC Byte is not authorised by the Financial Conduct Authority in the United Kingdom and/or any other financial regulatory body or other regulatory body.
The information and/or data on and/or relating to the DC Byte Platform is provided “as is” and is for your general information only and is used entirely at your own risk.
The information and/or date on this site is not intended for trading purposes or to address your particular financial or other requirements. This website is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decision.
We strongly recommend that you always use other sources of information and data when making (or refraining from making) any specific investment and/or other decision and that you do not rely upon any information and/or data provided and/or appearing on the DC Byte platform when making (and refraining from making) any specific investment and/or other decision.
DC Byte reserves the right at any time to limit your use of or deny access to the Services, including the number of items or materials that you may view on the Platform and your ability to contact other users and DC Byte reserves the right at any time to restrict, suspend, or terminate your account if at any time you breach any of these terms and conditions, the law and/or DC Byte believes that you are misusing the Services in any way or using the Services in any unauthorised way.
4. YOUR ACCEPTANCE OF OUR TERMS
The DC Byte Platform is provided for your information only. You warrant, represent and undertake that you shall only use the DC Byte Platform and/or take any actions relating to the DC Byte Platform using your own skill, judgment and experience and that DC Byte does not provide any warranties, representations, undertakings and/or any other assurances (of whatever nature and howsoever arising) regarding any actions and/or inaction that you may take in relation to or in connection with any matters or issues relating to the DC Byte Platform.
If you are unsure or unclear about anything on the DC Byte Platform then please do not use the DC Byte Platform at all and/or before using the DC Byte Platform you should seek independent legal or other advice in relation to the DC Byte Platform as you may require.
We have no control over, do not verify and do not give warranties, make representations, provide undertakings, give guarantees and/or make commitments for and/or give any assurances on behalf of or relating to any Data Centre or property as to (a) the existence, quality, safety, legality and/or the compliance of information, data and/or claims provided by or in relation to any data centre, property or site (and/or information relating thereto) on the DC Byte Platform with applicable (i) local, national and/or international laws and regulations , and/or (b) the truthfulness, completeness, validity, availability, and accuracy of a user’s content, including data centre, property and/or site listings and other listings and/or whether they are up-to-date, complete and/or accurate. We do not endorse and/or verify any identity, content, data, information provided on the DC Byte Platform and/or listings in relation to or in connection with any data centre, property and/or site (and/or information relating thereto) and/or any other listings.
If you have a dispute and/or complaint (or wish to make a complaint) about a data centre, property and/or site and/or content, data, information provided on the DC Byte Platform relating to any data centre, property and/or site or otherwise then (a) the complaint must be made to the relevant data centre, property and/or site and/or (b) the dispute must be taken up by you with the relevant data centre, property and/or site (and whether or not they have or accept any liability), and in all cases and circumstances every user of the DC Byte Platform hereby agrees not to take any action and/or make any claim (of whatever nature and howsoever arising) against DC Byte where the action and/or claim is caused by or relates to any act and/or omission and/or any content or information relating to any data centre, property and/or site
5. WE MAY MAKE CHANGES TO OUR TERMS & THE DC BYTE PLATFORM
We may revise our Terms from time to time and will post the most current version on our Website as soon as possible after the revised Terms become effective. Every time you wish to use the DC Byte Platform, please check this page again to ensure you understand the Terms that apply at that time. By continuing to use the DC Byte Platform after the revisions come into effect, you agree to be bound by the revised Terms. We may also update and change the DC Byte Platform from time to time to, amongst other things, reflect changes to the DC Byte Services and/or database, and/or our users’ needs.
We may at any time change:
(a) The content, nature or format of any information and/or data on the DC Byte Platform; and
(b) The means of access to the DC Byte Platform.
We may at any time change, suspend or discontinue any of the DC Byte Services and/or Database and/or DC Byte Platform. We may also modify our prices upon reasonable notice and to the extent allowed under the law.
We do not promise to store or keep showing any information and content that we and/or you have posted. The DC Byte Services and Database are not a storage service.
6. YOUR ACCOUNT
The DC Byte Platform is not intended for and may not be used by people under the age of 18. By using the DC Byte Platform and accepting these Terms, you warrant, represent and undertake that you are 18 years old or above.
It is your responsibility to (a) protect against unauthorised use of your account, (b) ensure that no-one else uses your account at any time (including by logging on to their devices through a mobile, Wi-Fi or shared access connection they are using), (c) log off or exit from your account when not using it, (d) keep your password or other access information secret. Your password and log in details are personal to you and should not at any time or in any circumstances be given to anyone else and/or used by anyone else and/or to provide shared access and (e) maintain good internet security. If your email account is compromised, this could allow access to your account.
DC Byte shall not be responsible or liable for any consequences arising out of or relating to any of your breaches of these terms and conditions. Furthermore, DC Byte shall not in any event be responsible or liable for any actions and/or inactions that you may take and/or consequences that you may suffer and/or incur as a result of using or in connection with the DC Byte Platform. In particular, DC Byte will not be responsible or liable for any phishing emails, hacking events and/or spoof emails and/or other communications that you may receive and/or act upon where these emails and/or communications purport to be from DC Byte but are not genuinely from DC Byte and/or have been generated or created by third parties in order to induce you to undertake certain actions and/or inactions (including but not limited to where the purpose of such emails and/or communications being sent to you is some kind of fraudulent activity).
You will ensure that data and materials that you obtain from the DC Byte Platform are kept secure and in an encrypted form, and shall use the best available security practices and systems applicable to the use of that data and materials to prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display or distribution of the DC Byte Platform and/or data, information and content related to the DC Byte Platform.
If you become aware of any misuse of any data, information and/or materials or any security breach in connection with the DC Byte Platform and/or these Terms that could compromise the security or integrity of the DC Byte Platform (and/or any data, information and/or materials relating to the DC Byte Platform) and/or that might otherwise adversely affect DC Byte and/or if you learn and/or suspect that any security feature relating to the DC Byte Platform has been revealed to or obtained by any unauthorised person, you must, at your own expense, promptly notify DC Byte in writing and fully co-operate with DC Byte to remedy the issue as soon as reasonably practicable. You must tell DC Byte Limited as soon as possible after you become suspicious or aware of any security breaches of whatever nature and howsoever arising by emailing us at [email protected]. You agree to fully co-operate with all of DC Byte’s reasonable security investigations.
7. USE RESTRICTIONS
Subject to the compliance by you with all of these Terms and all applicable local, national and/or international laws and regulations (“Laws”), we hereby grant you a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferable and non-sublicensable right to access and use the DC Byte Platform on a software-as-a-service basis subject to and in accordance with these Terms for the purpose only of finding out about certain information from the DC Byte Platform relating to Data Centres and only for your own internal business purposes and not for sharing in any way with any third parties and subject always to the Terms (including but not limited to the fact that information and content being provided may not be up to date, accurate and/or complete and is provided on an “as is” basis). This is not a software licence (such that all data and content is hosted upon DC Byte’s own platform and servers and not your platform, servers and/or computer systems) and you will not at any time be provided with use and/or access to any object code, source code and/or any other computer programs, internal research tools, internal research methodology and/or research staff and/or business algorithms relating to and/or connected with the DC Byte Platform. This means that Sellers, Buyers and/or Additional Users do not have any rights under the Software Directive (2009/24/EC) or its successors. You warrant, represent and undertake that you will comply with these Terms and applicable Laws.
You must not at any time (a) use (or try to use) the DC Byte Platform in violation of these Terms and applicable Laws, (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit and/or make the DC Byte Platform (and/or information and/or content that appears on the DC Byte Platform at any time) available to any third party, (c) modify, adapt, hack the DC Byte Platform and/or gain (or, in each case, try to gain) unauthorised access to the DC Byte Platform and/or related Databases or networks, (d) falsely imply any sponsorship and/or association with us, (e) use the DC Byte Platform in any illegal way or for any illegal purpose, such as violation of any person’s rights including privacy rights, (f) use the DC Byte Platform to send unsolicited communications junk mail, spam, and/or other forms of duplicative and/or unsolicited messages, (g) use the DC Byte Platform to store and/or transmit any content that infringes any person’s rights including but not limited to IP rights, (h) use the DC Byte Platform in any way that could damage, disable, overburden, impair and/or compromise the DC Byte Platform and/or or security and/or interfere with other users and/or disrupt the integrity and/or performance of the DC Byte Platform and/or cause or give rise to any liability for DC Byte, (i) use (or, in each case, try to do so) any other users’ accounts, (j) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, copy and/or otherwise access and/or discover the source code and/or underlying program of the DC Byte Platform, (k) use the DC Byte Platform to post, transmit, upload, link to, send and/or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”), (l) use the DC Byte Platform for the purposes of cookie tracking, ad exchanges, ad networks, and/or data brokerages in violation of applicable Laws, and/or (m) display, post, frame, and/or scrape the Collective Content for use on another web site, app, blog, product, platform and/or service, except as otherwise expressly permitted by these Term, (n) frame or scrape or in-line link to the DC Byte Platform and/or any Collective Content (as defined in section 11 below) and/or make use of web crawler, spidering and/or other automated means to access, copy, index, process and/or store any Collective Content made available on and/or through the DC Byte Platform other than as expressly authorised by us, (o) circumvent (or try to do so) exclusionary protocols that may be used in connection with the DC Byte Platform, (p) access parts of the DC Byte Platform and/or Collective Content to which you are not authorised, and/or (q) use (or try to do so) the DC Byte Platform in a way that we consider in our absolute and sole discretion improper, unfair and/or unreasonable including (but not limited to) copying (in whole or in part) the DC Byte Platform (or any part of it), infringing any of DC Byte’s rights, title and/or interest in, in relation to and/or in connection with the DC Byte Platform (including but not limited to any of DC Byte’s IP Rights or any similar rights and/or any rights that are licensed to DC Bytes by any parties including but not limited to other users and/or any other third parties), downloading the dashboards and/or displays and/or reports and/or exporting or otherwise extracting data from the dashboards, displays and/or reports for purposes which we believe are not in accordance with how the DC Byte Platform should be used.
You must not at any time use the DC Byte Platform and/or information or content on the DC Byte Platform (wholly or in part):
(i) in your own products or services and/or the products or services of third parties; or
(ii) by redistributing goods and/or services and/or information provided by DC Byte Ltd in relation to or in connection with the DC Byte Platform.
If we inform you at any time that a specified activity and/or purpose is prohibited with respect to the DC Byte Platform and/or Collective Content, you will immediately cease their respective of the DC Byte Platform and/or Collective Content for such prohibited activity and/or purpose.
We reserve the right to audit at any time the use of the DC Byte Platform by you and/or any third parties (including third parties that are connected or associated with you) in order to verify their compliance with these Terms and/or applicable Laws.
For the purposes of these Terms, “IP rights” means all and/or any patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
8. TERMS SPECIFIC TO USERS
A user wishing to use certain aspects of the DC Byte Platform over and above general browsing of the DC Byte website must register an account on the DC Byte Platform and create a user or company profile. If you are a user, once you have created your account, you can subject to these Terms: (a) use the services and functionality that is associated with your account, and (b) add information to the Database subject to the services and functionality associated with your account..
A user may add additional company-specific information to your profile. When an account or listing is created, it will not become publicly available on the DC Byte Platform straight away. It may first be reviewed by DC Byte and DC Byte may refuse to accept or publish a listing in its absolute and sole discretion (but if DC Byte does conduct a review DC Byte shall have no liability and/or responsibility regarding that review and/or the listing such that the listing shall at all times remain the entire responsibility of the user). If DC Byte requests changes to a listing before publication, the relevant user must make such changes as otherwise, the listing will not be published and/or used in the way that the user has requested. DC Byte strongly recommends that you update your information and/or listings as frequently as possible as this will help your account information to be kept up to data and may enable your listing to be ranked higher that it otherwise would if you do not frequently update your account information and/or listing.
You are at all times responsible for ensuring that your account information and listings are (a) accurately and truthfully described (and if using images accurately and truthfully reflected and if images are used then you have and own all IP Rights in relation to those images), and (b) up-to-date including availability. You hereby expressly agree that you will immediately stop using your data, information and/or images and/or listings on or through the DC Byte Platform if such data, information and/or images and/or listings no longer accurately and truthfully describe the relevant Data Centre, property and/or site (and/or any information related or connected thereto).
You shall ensure at all times that you comply with any minimum hardware and software requirements (including functionality and configuration requirements) that may be required or may be specified by DC Byte Ltd from time to time for the purpose of establishing connectivity between your system and the DC Byte Platform and you shall bear all costs of establishing such connectivity and using the DC Byte Platform.
The User shall at all times install and/or use the current and most recent version of the DC Byte Platform. DC Byte shall not in any circumstances be responsible for providing, storing and/or maintaining any previous versions of the DC Byte Platform.
9. TERMS SPECIFIC TO BUYERS
You can visit and browse the website without registering an account on the DC Byte Platform. However, you will need to register an account if you want to set your own search preferences, save searches and receive alert notifications for any new activity within specified markets, and/or if a new facility which matches your preferences appears on the market.
Accounts: Sellers can set up a company profile for free. However, we charge subscription fees for further use of the DC Byte Platform. Subscription charges are based on the subscription plan you choose. We reserve our rights to change our prices and payment terms at any time and/or also from time to time.
You can purchase an upgrade your account as per the DC Byte Website offers from time to time.
We have the right to change any Listing subscription charges as well as our payment terms, but we will notify you before making any such changes. All charges exclude any taxes, levies, duties and/or similar governmental charge, including value-added or sales tax.
Renewals: Monthly plans will renew automatically every month for a further month. If your monthly plan is renewed, the monthly subscription charge for any such subsequent month will be our standard monthly subscription charge that applies at the time a renewal starts. Annual plans will renew automatically on a monthly basis at our standard monthly subscription charge unless and until you terminate this agreement or agree another annual plan. If your annual plan is renewed, the annual subscription charge for any such subsequent 12 months will be our standard annual subscription charge that applies at the time a renewal starts. For each plan, unless you terminate your account, your credit/debit card will be charged automatically for the applicable monthly or annual subscription charges. In certain circumstances you may wish to pay subscriptions by bank transfer and in those circumstances you should contact us for more information.
Changing Standard Listings Plans: You can add New Listings to your current Standard Listings Plan at any time by creating a new Listing and adding it to your Listing Plan through your account and as per the account features and functionality.
Payment: The subscription charges are due in full and payable in advance on monthly or annual payment intervals from when you sign up for an account where fees or charges are payable and until you terminate your account. You will receive an electronic receipt upon each receipt of payment by us.
Payment method: You can pay the charges by using your credit/debit card or by bank transfer. You hereby authorise us to bill your credit/debit card upon (a) your subscription and any renewal thereof We use a third-party service provider to manage credit/debit card and other payment processing. You must notify us of any change in your credit/debit card and/or other payment account information by updating your account.
Late/Non-Payment: We will notify you if we do not receive payment of the charges within the due date. If we do not receive payment when due, in addition to our right to other remedies available under applicable Laws, we may immediately (or in a time period that we notify you of) and without DC Byte incurring any liability (of whatever nature and howsoever arising): (a) cease to provide any goods and/or services to you which are the subject matter of the relevant charges; and (b) charge interest (accruing on a daily basis) on the amount unpaid according with the Late Payment of Commercial Debts (Interest) Act 1998 (whether or not applicable to these Terms) from the due date of payment, both after as well as before any judgment or order, (c) suspend your use of the DC Byte Platform until payment is received and/or (d) terminate your account (in whole or in part).
Background Checks: DC Byte may from time to time carry out background checks on users (which may involve checking details with third parties) in order to verify various details including identity, credit worthiness and their respective suitability for using the DC Bytes Services. If users pass these background checks to DC Bytes satisfaction then no additional charges will be charged by DC Byte to the relevant users for undertaking background checks. If users are rejected by DC Byte following the carrying out of background checks by DC Byte then DC Byte will deduct the charges of carrying out background checks from any monies paid by the relevant Users and then refund the balance of any monies paid back to the users.
11. CONTENT & USER RESTRICTIONS
The DC Byte Platform enable Users to (a) create, upload, post, send, receive and store content, such as text, photos, and/or other materials and information on or through the DC Byte Platform (“User Content”), and (b) Users to access and view User Content and any content that DC Byte itself makes available on or through the DC Byte Platform, including proprietary DC Byte content and any content licensed or authorised for use by or through DC Byte from a third party (“DC Byte Content” and together with User Content, “Collective Content”).
Users will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast and/or otherwise exploit the DC Byte Platform and/or Collective Content, except to the extent you are the legal owner of certain User Content and/or as expressly permitted in these Terms. No licenses, rights, title and/or interest are granted by DC Byte to Users by implication and/or otherwise under any IP rights owned and/or controlled by DC Byte and/or its licensors, except for the licenses and rights expressly granted in these Terms.
By creating, uploading, posting, sending, receiving, storing, and/or otherwise making available any User Content on or through the DC Byte Platform, Users hereby grant to DC Byte a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable, paid up, assignable and transferable license to such Seller Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, allow others to access and use, and otherwise exploit in any manner such User Content to provide and/or promote the DC Byte Platform as DC Byte deems necessary or desirable from time to time, in any media and/or platform (“User Content Licence”). Unless, Users provide specific consent, DC Byte does not claim any ownership rights in any Seller Content and any rights for you to use User Contract provided that nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your own User Content.
Whenever you make use of a feature that allows you to upload User Content to our Website, or to make contact with other users of our Website site, you must comply with these Terms and content standards set out by us or notified to you from time to time.
You warrant that any such contribution does comply with these Terms and all and/or any of our standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out or required by us from time to time. You are solely responsible for securing and backing up your User Content. We do not store terrorist content.
Users shall, at their own cost, promptly perform and/or procure the performance of all further acts and things, execute, deliver and/or procure the execution and/or delivery of all further documents required by applicable Laws and/or which DC Byte requests, to vest in the full benefit in DC Byte of the User Content Licence granted to DC Byte under this section 11. Users hereby irrevocably appoint DC Byte to be their attorney in their name and on their behalf to execute documents, use the name of the Users and do all things which are necessary and/or desirable for DC Byte to obtain for itself or its nominee the full benefit of the User Content Licence.
Users must not make available on or through the DC Byte Platform
User Content (including, but not limited to, photos and/or images in Listings or otherwise) that they (a) are not the sole and exclusive owner(s) thereof and/or (b) they do not have all rights (including IP rights), licenses, consents and releases that are necessary to grant to DC Byte the rights in and to such User Content, as contemplated under these Terms.
Users are solely responsible for all User Content that they make available on or through the DC Byte Platform. Accordingly, they warrant, represent and undertake that (a) they either are the sole and exclusive owner(s) of all User Content that they make available on or through the DC Byte Platform and/or they have all rights, licenses, consents and releases that are necessary to grant to DC Byte the rights in and to such User Content, as contemplated under these Terms, and (b) neither the User Content nor the Users’ posting, uploading, publication, submission and/or transmittal of the User Content and/or DC Byte’s use of the User Content (and/or any portion thereof) will infringe, misappropriate and/or violate a third party’s rights including IP rights, rights of publicity, rights of privacy, and/or result in the violation of any applicable Laws.
Users must not post, transmit, upload, link to, send and/or store any content (including, but not limited to, photos and/or images in Listings or otherwise) that (a) infringes third party rights (including IP rights) , and/or (b) is fraudulent, false, misleading (directly or by omission or failure to update information), deceptive, unlawful, hateful, abusive, obscene, harmful, threatening, defamatory, obscene, infringing, harassing, offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, breaches these Terms and/or DC Byte’s then current policies or standards, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or age and/or in a way that is otherwise illegal and/or causes damage or injury to any person and/or property, and/or objectionable to DC Byte, third parties, and/or property.
We may at any time, without prior notice, remove and/or disable access to any User Content that we find to be in breach of any of these Terms, or otherwise may be harmful.
DC Byte will perform analytics for research, statistical and/or other purposes on User Content made available on or through the DC Byte Platform.
User Restrictions: The User shall:
- limit access to the Services to the User only;
- only make copies of the data and the materials provided to it to the extent reasonably necessary for its own purposes and as follows: back-up, mirroring (and similar availability enhancement techniques), security, disaster recovery and testing;
- not use the Services for any purpose contrary to any law or regulation or any regulatory code, guidance or request;
- not extract, reutilise, use, exploit, redistribute, redisseminate, copy or store the data or the materials to any third party and/or for any purpose not expressly permitted by these Terms;
- not copy, modify, decompile, reverse engineer or create derivative works from the DC Byte Platform, except to the extent expressly permitted by any applicable law; and
- not do anything which may damage the reputation of DC Byte Ltd, the data or material relating to the DC Byte Platform and/or the Services, including by way of using the data and/or materials (wholly or in part) in any manner which is pornographic, racist or that incites religious hatred or violence.
12. COPYRIGHT INFRINGEMENT
If users believe in good faith that any content on the DC Byte Platform infringes copyright you own, please send a notice of copyright infringement containing the following information to [email protected]: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed, (b) identification of works or materials being infringed, (c) identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that DC Byte is capable of finding and verifying its existence, (d) contact information about the notifier including address, telephone number and email address, and (e) a statement that the notifier has a good faith belief that the material is not authorised by the copyright owner, its agent, and/or applicable Laws. DC Byte does not take any responsibility for and cannot accept liability for any content that is posted by Users on the DC Byte Platform but DC Byte will take down any infringing material from the DC Byte Platform as soon as reasonably practicable following notification to DC Byte of such infringing material by any third party and following an investigation by DC Byte including verification that the relevant content does infringe third party rights, that the third party complainant has legitimate ownership rights to the relevant content and/or that the third party complainant has legitimate and verifiable and justifiable claims relating to that content.
14. TEST SERVICES
Please note that we occasionally release features and/or services that we would like to test or evaluate on the DC Byte Platform – they will be marked as ‘beta’, ‘preview‘, ‘early access’, ‘evaluation’ or similar terms (“Test Services”). Sellers, Buyers and/or Additional Users acknowledge and agree that such Test Services (a) may not be as reliable as the DC Byte Platform and/or features provided by us and (b) are subject to these Terms.
15. FEEDBACK & NOTICES
We welcome Feedback. “Feedback” means any and/or all information relating to use, testing and/or evaluation of the Test Services and any products, services and/or materials that are part of the Test Services by Users, including all observations or information regarding the performance, features and functionality of such Test Services. “Feedback” also includes any and/or all feedback, suggestions, and/or ideas Users provide to us concerning modifications, additions, changes, features, functionalities, ideas, improvements, enhancements and/or derivations to the DC Byte Platform. Users hereby grant us a worldwide, non-exclusive, sub-licenseable, perpetual, irrevocable, royalty-free and fully paid up licence to make, use, publish, copy, modify, sell, distribute, sub-license, and create derivative works of the Feedback any purpose including for use as part of the DC Byte Platform and/or Test Services without any compensation to them (“Feedback Licence”). Their Feedback shall not be deemed their confidential information.
Users shall, at their own cost, promptly perform and/or procure the performance of all further acts and things, execute, deliver and/or procure the execution and/or delivery of all further documents required by applicable Laws and/or which DC Byte requests, to vest in the full benefit of the Feedback Licence granted to DC Byte under this section 15. Users hereby irrevocably appoint DC Byte to be their attorney in their name and on their behalf to execute documents, use the name of the Users and do all things which are necessary and/or desirable for DC Byte to obtain for itself or its nominee the full benefit of Feedback Licence.
You agree that DC Byte will provide notices and messages to you in the following ways:
- within the Service, or
- sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings in your account so as to control and limit the messages that you receive from us.
16. IP RIGHTS
All title, interest and rights in the DC Byte Platform, DC Byte Content, our Trade Marks (and in each case associated IP rights) (“DC Byte Assets”) are owned by us, our licensors and/or authorising third-parties. The DC Byte Assets are protected by IP rights in accordance with applicable Laws. These Terms do not grant you any right, title and/or interest in any and/or all of the DC Byte Assets including IP rights and/or licences. Users will not remove, alter and/or obscure any copyright, Trade Mark and/or other proprietary rights notices incorporated in and/or accompanying the DC Byte Platform, DC Byte Content and/or Collective Content. You retain any right, title and/or interest in the Data and IP rights of the Users.
Trade marks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trade Marks”) of DC Byte used on and/or in connection with the DC Byte Platform and DC Byte Content are trademarks or registered trademarks of DC Byte. Trade Marks of third parties used on and/or in connection with the DC Byte Platform, DC Byte Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
All title, interest and rights (including but not limited to all IP rights) at all times in all of the aggregated User Content and Collective Content are owned by DC Byte and/or our applicable licensors.
17. SUSPENSION & TERMINATION
Users can terminate their account at any time by writing and giving prior express written notice to DC Byte, either by post and/or email to DC Byte’s address and/or email address at [email protected] (where such notice is clearly noted as being a termination and is specifically marked and referred to as a Termination Notice), provided always that any fees that may have already been paid are non-refundable and any monies that are due, owing or payable prior to the date of termination shall still remain due, owing and payable and shall all be paid by Users to DC Byte upon termination. Users hereby agree and acknowledge that termination of their respective account (by Users and/or DC Byte) may lead to the loss, deletion and/or destruction of any data and/or information relating to that account and that DC Byte will have no liability (of whatever nature and howsoever arising) in relation to the deletion and/or loss and/or destruction of data and/or information in and/or relating to that account.
We may suspend the Users’ use of the DC Byte Platform and/or terminate an account for any reason whatsoever, at any time at our absolute and sole discretion without incurring any liability. For example, this could be because (a) Listings are not kept up-to-date regularly and, if they are, they are not kept up-to-date with accurate, up to date and complete data and/or information, (b) we decide to stop making available the DC Byte Platform for use in the jurisdiction where they reside and/or from where they are attempting to use the DC Byte Platform, (c) we believe that they acted or are acting in breach of these Terms and/or applicable Laws including (but not limited to) breach of section 7 (Use Restrictions), section 11 (Content) etc., and/or (d) we are required by applicable Laws, court, regulatory and/or governmental authority to suspend their use of the DC Byte Platform. We will use reasonable efforts to notify them if we suspend their use of the DC Byte Platform and/or terminate an account, and/or (e) If you provide any information that is untrue, inaccurate, not current, incomplete or inconsistent or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or inconsistent.
Also, if a User terminates its account or we terminate User’s account, in addition to other amounts a User may owe us, they must immediately pay any then unpaid subscription charges associated with the remainder of such subscription term. Suspension or termination of their respective accounts shall not affect any of our rights, remedies, obligations or liabilities that have accrued up to the date of suspension or termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of suspension, termination and/or expiry.
18. NO WARRANTIES
We are not responsible and/or liable for any use to which Users put the DC Byte Platform. The DC Byte Platform is not produced to their specifications – it is their responsibility to satisfy themselves that it is and will be is appropriate for their purposes. Also, the DC Byte Platform is provided “as is” and “as available” – we do not warrant, represent, undertake, guarantee and/or provide any assurances that it is and will be available and/or accessible and/or accurate and/or up to date and/or complete at any and/or all times.
We do not warrant, represent, undertake, guarantee and/or provide any assurances (whether express or implied or otherwise) that (a) the use of the DC Byte Platform will be uninterrupted, bug-free, fault-free and/or error-free, and (b) any result and/or operation (in each case, expected and/or intended) can be achieved and/or that if any result is achieved then whether or not that result will be useful or of benefit to you; and/or (c) all and/or any of the information, content and/or Listings that appears on the DC Byte Platform at any time is accurate, up to date and/or complete.
All other conditions, warranties, representations, undertakings, guarantees, assurances and/or other terms which might have effect between DC Bytes and Users, be implied and/or incorporated into these Terms (and/or any collateral contract) whether by statute, common law or otherwise, are excluded, including the implied conditions, warranties and/or other terms as to satisfactory quality, fitness for a particular purpose, the use of reasonable skill and car and non-infringement of third-party rights (including IP rights).
19. OUR LIABILITY
Nothing in these Terms shall limit or exclude any liability of DC Byte for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be properly excluded under English law.
To the fullest extent permitted by applicable law, DC Byte shall not in any circumstances have any liability for any losses and/or damages which may be suffered by Users (in each case, including their officers, directors, employees, contractors and/or (b) the affiliates Users (in each case, including their officers, directors, employees, contractors and/or agents) which fall within any and/or all of the following categories:
(i) special losses and/or damages even if DC Byte was or is aware of the circumstances in which such special damage could arise;
(ii) loss of actual profits and/or anticipated profits (whether direct and/or indirect);
(iii) loss of actual or anticipated revenue (whether direct and/or indirect);
(iv) loss of actual or anticipated savings;
(v) loss of goodwill;
(vi) loss of business opportunity;
(vii) loss of customers;
(viii) incidental, consequential, incidental, punitive, exemplary and/or indirect losses and/or damages of any kind howsoever arising and whether or not they are foreseeable, foreseen or known;
(ix) loss of reputation; and/or
(x) damage, loss, and/or corruption of data and/or information.
Subject to the provisions of this section 19, the total maximum aggregate liability of DC Byte arising under, in relation to and/or in connection with this Agreement and/or any collateral contract (whether in contract, tort (including negligence) or otherwise) shall in no circumstances exceed the charges you paid to us in cleared funds in the first 12-month period of you using the DC Byte Services and/or £10,000 (whichever is the lesser).
If you are a consumer, please note that we only provide the DC Byte Platform to consumers for their own individual domestic and private use and nothing else. If you are a consumer, these Terms are not intended to affect, exclude and/or limit your statutory rights as a consumer to the extent that such rights cannot be excluded or limited under law. If you are a consumer, you hereby expressly agree not to use the DC Byte Platform for any commercial or business purposes, and we have no liability to you for any loss of profit (whether direct and/or indirect), loss of business, business interruption, and/or loss of business opportunity.
All references to “DC Byte” in this section 19 shall include the DC Byte, its employees, officers, directors, agents, contractors, subcontractors, suppliers of DC Byte and/or any other party involved in creating, producing, and/or delivering the DC Byte Platform and/or DC Byte Content, all of whom shall have the benefit of the exclusions and limitations in this section 19.
Users agree to release, defend (at our option), indemnify, and hold harmless (a) DC Byte and its officers, directors, employees, contractors and agents and (b) its affiliates (and their officers, directors, employees, contractors and agents), from and against any and/or claims, liabilities, damages, losses, and/or expenses, including reasonable legal fees, arising out of and/or in any way connected with (i) a breach of these Terms and/or our Policies Users, (ii) improper use of the DC Byte Platform by Users, (iii) breach of any applicable Laws and/or third party rights (including IP rights) by Users. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which Users are required to release, defend (at our option), indemnify, and hold harmless pursuant to this section 20 Users agree to cooperate with such defence of these claims.
21. OTHER IMPORTANT INFORMATION
Links to our other websites: The DC Byte Platform contains hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their content and/or the privacy or other practices of such websites. It is up to Users to take precautions to ensure that whatever links they select and/or software you download from such websites are free of Malicious Software. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites, association, sponsorship and/or partnership with their operators.
Links to the DC Byte Platform: We hereby grant Users a limited, revocable, non-exclusive, non-sublicensable, non-transferable right to create a text hyperlink to the DC Byte Platform for non-commercial purposes, provided such link does not portray us, any of our products and/or services in a false, misleading, derogatory and/or otherwise defamatory way and provided further that the linking website does not contain any adult material, illegal material and/or any material that is offensive, harassing or otherwise objectionable, in our absolute discretion. This limited right may be revoked at any time.
Users do not have the right to use any of our Trade Marks to link to the DC Byte Platform without our prior written consent. Sellers, Buyers and/or also do not have the right to use, frame and/or utilise framing techniques to enclose any of our Trade Marks, including, for example, those found on the DC Byte Platform without our prior written consent. Except as noted above, Users are not given any right whatsoever in any of our IP rights and/or any of the IP rights of any third party without our prior written consent or the prior written consent of such other party.
Waiver, Severability & Assignment: If we fail and/or delay to enforce a provision of the Terms, this failure and/or delay is not a waiver of our right to do so later on. If a provision of the Terms is found to be unenforceable by a court, such provision shall be modified by a court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by applicable Laws. The remaining provisions of the Terms will remain in full force and effect. Users may not assign any of their rights or obligations under these Terms, whether by operation of law or otherwise, and any such attempt will be null and void. We may assign any of rights and obligations under these Terms without the consent of Users. Also, we may assign these Terms in their entirety, without their consent, to our successor in interest in connection with a merger, reorganization, or sale of all or substantially all assets or equity. These Terms shall bind and inure to our benefit, our successors and permitted assigns.
Entire Agreement & Third Parties: These Terms constitute the entire agreement between(a) Users, and (b) us when it comes to the subject matter of these Terms and supersede and replace any other prior and/or contemporaneous agreements, and/or terms and conditions applicable to the subject matter of these Terms. There are no third-party beneficiaries to these Terms Agreement and the provisions of the U.K. Contracts (Rights of Third Parties) Act 1999 are hereby excluded. Any words following the terms including, include, in particular, such as, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
The User hereby agrees that it does not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently and whether in writing) of any person (whether a party to this Agreement or not) (Representation) other than as expressly set out in these Terms.
The User hereby agrees that it only has the rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract as expressly provided in these Terms.
These Terms shall in all circumstances prevail over and replace the terms and conditions in any User terms and conditions including any terms and conditions in any purchase order and/or document that is provided by the User and which may relate to the DC Byte Platform and/or the subject matter of these Terms.
Law: Users and we irrevocably agree that any dispute and/or claim (including non-contractual disputes and/or claims) arising out of or in connection with it and/or its subject matter and/or formation shall be governed by and construed (in each case on an exclusive basis) in accordance with English law.
Jurisdiction: Users and we irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute and/or claim (including non-contractual disputes and/or claims) arising out of and/or in connection with these Terms, including (but not limited to) their interpretation, construction, subject matter and/or formation without giving effect to any principles of conflicts of law, provided that we reserve our rights to take any action, bring a claim, institute proceedings and/or seek any remedies in any other courts of a competent jurisdiction or territory (including, but not limited to, where a User is based or from any territory in which any breach of these Terms occurs) for any reason whatsoever including (but not limited to) to enforce any and/or all of our rights and/or remedies (including, without limitation, our IP rights and/or remedies), nor shall the taking of action, bringing of a claim, instituting proceedings and/or seeking any remedies in any one or more jurisdictions preclude the taking of action, bringing of a claim, instituting proceedings and/or seeking any remedies in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.