Terms and Conditions

Welcome to Bright Owl Digital.  By browsing and using our website, you are agreeing to comply with and be bound by the following terms and conditions of use. These terms and conditions, together with our privacy policy, govern our relationship with you as a user of this website. If you disagree with any part of these terms and conditions, please do not use this website.  Any unauthorised use or misuse constitutes trade mark infringement, and legal action will be taken against any infringer.

Bright Owl Digital is the trading name of Bright Owl Digital Limited, registered in England under number company registration number 10144866 and registered address Unit 22, The Annexe, 98 Goldstone Villas, Hove, East Sussex, BN3 3RU, United Kingdom, VAT No. GB242031166.

The term Bright Owl or Bright Owl Digital or "us" or "we" refers to the owner of the website. The term "you" refers to the user or viewer of our website and the purchaser, customer and consumer of our products and services. The product refers to any item for sale on www.brightowldigital.com.

 

ACCEPTANCE OF THE TERMS OF USE

The following terms and conditions, together with any referenced documents (collectively, "Terms of Use") form a legal agreement between you and your employer, employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”), and Bright Owl Digital.   The Terms of Use apply to the demonstration services available on the website where these Terms of Use are presented, including any Bright Owl Digit Intellectual Property (as defined below) therein (the “Website”).

By accessing or using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you have read and understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website.

The content of the pages of this Website is for your general information and use only and may change without notice.

Personally identifiable information collected about you by this Website is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must accept these Terms of Use or not access the Website.

The Privacy Policy outlined in these Terms and Conditions and on our Privacy Policy page does not apply to websites maintained by other companies or organisations to which our website may link.

 

WEBSITE ACCESS

We reserve the right to terminate or modify the Website in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Website to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Website.

You shall use the Website exclusively to test and evaluate Bright Owl Digital products and services, and you shall access it only through the registration portal, regardless of any previous registration or access. To access portions of the Website or certain resources, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website, and you hereby represent and warrant, that all information you provide is correct, current and complete. You must logout from the Website at the end of each session. You agree that you are solely responsible to us for all activities identified with your access and registration. Bright Owl Digital has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.

 

PROHIBITED USES

You agree not to access or use (and shall not permit others to access or use) the Website or Bright Owl Digital Intellectual Property in any manner other than for products and services evaluation purposes.

You will not use the Website:

  • To process, use, transmit or introduce any confidential or sensitive information of any kind, including personally identifiable information, sensitive personal data, health information of any kind, or factual data regarding your employees or third data,
  • To license, sub‑license, sell, re‑sell, rent, lease, transfer, distribute or time share or otherwise make them available for access by third parties.
  • To disassemble, reverse engineer, decompile or modify them or otherwise create derivative works of it.
  • To access it for the purpose of developing a product or service that competes with a Bright Owl Digital Product.
  • To use it to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or engage in any other malicious act.
  • To disrupt its security, integrity or operation.
  • To remove or modify a copyright or other proprietary rights notice in it.
  • To use it to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner.
  • To use it to damage the property of another.
  • To violate any applicable federal, state, local or international law or regulation, or advocate, promote or assist in any unlawful act, constitutes an illegal threat or violates export control laws.
  • To temporarily or permanently alter, erase, remove, copy, modify, halt or disable any Bright Owl Digital or third party data, software or network.
  • To violate the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or Bright Owl Digital, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms of Use or the Privacy Policy.
  • To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, or age.
  • To monitor or attempt to gain unauthorised access to: (1) an account or computer not belonging to you; (2) any data, information or communications on any network or system not owned by you, without authorization; (3) any system or network user accounts or passwords of other users, without authorization; or (4) e‑mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).
  • To be false, deceptive, misleading or fraudulent, including but not limited to: (1) any attempt to impersonate any person or entity, including any other user, Bright Owl Digital or a Bright Owl Digital employee; (2) to misrepresent your identity or affiliation with any person or organization; and (3) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
  • To monitor or copy materials on the Website for any unauthorised purpose or access the Website via any automatic device, process or means of access such as a robot or spider.
  • Or carry out any activity that may have any detrimental effect on the Website’s function, user interaction or security, including but not limited to: (1) gaining unauthorised access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (2) attempting to intercept, redirect or otherwise interfere with communications intended for others; (3) disabling, damaging overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; (4) modifying, blocking or otherwise interfering with the display of the Website; (5) interfering with another user’s ability to access, use and enjoy the Website; (6) accessing another user’s registration information or user account without that user’s express written permission; (7) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (8) performing, without Bright Owl Digital’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website, including without limitation the Community Services; and (9) engaging in any activities that results in any server being the target of a denial of service attack.

 

ACCOUNT REGISTRATION

You warrant that the personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the personal information by contacting us by e-mail. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised use.

 

NOTIFICATION OF VIOLATION

If you become aware of any violation of these Terms of Use by any person, including other users or third parties, you shall immediately notify Bright Owl Digital via e‑mail to [email protected].

 

INTELLECTUAL PROPERTY

As between you and Bright Owl Digital, all rights, title and interest in and to all the intellectual property rights in the Bright Owl Digital Intellectual Property are owned exclusively by Bright Owl Digital and its licensors, notwithstanding any other provision in these Terms of Use or any other agreement. The Bright Owl Digital Intellectual Property is protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. As used herein, “Bright Owl Digital Intellectual Property” means the information, text, displays, images, video, audio, and user interfaces included in or generated by the Website, and the design, selection and arrangement thereof, as well as the technology that is used by Bright Owl Digital to deliver the Website, including: (a) software code (whether in source or object form) including platforms and applications, hardware, algorithms, templates, graphical user interfaces, architectures, class libraries, application programming interfaces, objects, methodologies, and documentation (both printed and electronic) in existence as of the Effective Date or otherwise acquired or developed by Bright Owl Digital apart from the services rendered under these Terms of Use; and (b) any derivative works, improvements, enhancements or extensions of the foregoing made by ether you or Bright Owl Digital. Except as expressly provided in this Agreement, Bright Owl Digital does not grant you (and expressly reserves) any rights, express or implied, or ownership in the Bright Owl Digital Intellectual Property. No right, title or interest in or to the Website is transferred to you. Bright Owl Digital reserves all rights not expressly granted to you herein. You hereby grant to Bright Owl Digital a royalty‑free, fully‑paid, non‑exclusive, non‑transferable, sub‑licensable, worldwide right to use: (a) electronic data uploaded or processed by you to the Website; and (b) any software, methodologies, templates, business processes, documentation or other material authored, invented or otherwise created by you using or for use with the Bright Owl Digital Intellectual Property provided by you to Bright Owl Digital solely to provide the Website.  Customer Technology does not include, and Customer will have no ownership of intellectual property in, Bright Owl Digital Core Technology. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, supplier or partner of Bright Owl Digital. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Bright Owl Digital Intellectual Property without Bright Owl Digital’s express prior written consent or except as expressly provided in these Terms of Use.

 

MONITORING, ENFORCEMENT AND FEEDBACK

Bright Owl Digital has the right but not the obligation to:

  • Terminate your access to all or part of the Website for any reason or no reason, in our sole discretion, including without limitation any violation of these Terms of Use or the Privacy Policy.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Website.

Without limiting the foregoing, Bright Owl Digital has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone including any materials on or through the Website.  You waive and hold Bright Owl Digital harmless from any claims resulting from any action

You waive and hold Bright Owl Digital Harmless from any claims resulting from any action taken by the same during or a result of its investigations and from any actions taken as a consequence of investigations by either Bright Owl Digital or law enforcement authorities.

Bright Owl Digital can neither review all material before it is included on the Website nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.

 

FEEDBACK & SUGGESTIONS

To provide direct feedback, comments, suggestions, requests for support and other communications relating to the Website, please contact [email protected].  Bright Owl Digital shall have a royalty‑free, worldwide, non‑exclusive, transferable, sub‑licensable, irrevocable, perpetual right and license to make, use, sell, offer for sale, import or otherwise incorporate for any purpose, any feedback, and suggestions for improvements or enhancements to the Website and the Bright Owl Digital Products.

 

DISCLAIMER OF WARRANTIES

Bright Owl Digital cannot and does not promise or warrant that any aspect of the Website is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  we will not be liable for any loss or damage caused by a distributed denial‑of‑service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, including any Website content, and any services or items obtained through the Website, is at your own risk and provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Bright Owl Digital nor any person associated with Bright Owl Digital makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. without limiting the foregoing, neither Bright Owl Digital nor anyone associated with bright owl digital represents or warrants that the website will be accurate, reliable, error‑free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

Bright Owl Digital hereby disclaims all warranties of any kind, express or implied, statutory or otherwise, with respect to the website and the website content, including but not limited to any warranties of merchantability, non‑infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

LIMITATION OF LIABILITY

Except to the extent that a disclaimer of liability is prohibited under applicable law, in no event will Bright Owl Digital, its affiliates and its licensors, service providers, employees, agents, officers and directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, including any website content, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

INDEMNIFICATION

You agree to defend, indemnify and hold Bright Owl Digital, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and other costs of defence) resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website's content, services and products other than as expressly authorised in these Terms of Use or your use of any information obtained from the Website.

 

GOVERNING LAW AND JURISDICTION

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non‑contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the England without giving effect to any choice or conflict of laws provision or rule (whether of England or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the English courts of the United Kingdom, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You hereby irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

WAIVER, SEVERABILITY, DISPUTES, AND TERMINATION

No waiver of these Terms of Use by Bright Owl Digital shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Bright Owl Digital to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

There are no third‑party beneficiaries to this agreement.

In the event of a dispute, the categorization of any subject matter as either the Website or a Bright Owl Digital Product shall be made by Bright Owl Digital in its sole discretion, and Bright Owl Digital may reclassify as a Bright Owl Digital Product subject matter previously included in the Website.

Bright Owl Digital may terminate these Terms of Use at any time for any reason by giving you written notice, and all licenses, permissions and other rights granted to you hereunder shall immediately terminate. 

 

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Bright Owl Digital with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. For the avoidance of doubt, these Terms of Use do not supersede any Master Ordering Agreement, subscription agreement or other agreement pursuant to which you have been granted the right to use or access a Bright Owl Digital product or service.