Terms and Conditions
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.
The content of the pages of this Website is for your general information and use only and may change without notice.
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 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 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.
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
MONITORING, ENFORCEMENT AND FEEDBACK
Bright Owl Digital has the right but not the obligation to:
- 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.
GOVERNING LAW AND JURISDICTION
WAIVER, SEVERABILITY, DISPUTES, AND TERMINATION
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.