Introduction
Welcome to the https://ds1media.com/ website (the “Website” or “Site”). Your use of this Site is subject to certain terms and conditions (collectively “Terms”) set forth below.
These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. It is important to carefully read the Terms before using our Website or Services. Under this Agreement, you hereby accept the Terms and Privacy Policy (also available on our website) without having any reservations and you agree to be bound by their content.
This includes, without limitation, the acceptance of the terms relating to the applicable law, jurisdiction, waiver of the right to class action, disclaimer warranties, damage and remedy exclusions, or any other limitations.
IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE.
These Terms constitute an agreement between you (hereinafter, “you” or “your”) on the one hand, and DS1MEDIA LTD (hereinafter collectively, “us,” “our,” “we,” ” DS1MEDIA LTD,” or the “Company”) on the other hand, in relation to your use of the Website, the products and services offered, displayed via this Website (collectively, the ” Services”).
Before using our Website and Services, please carefully read these Terms and our Privacy Policy (both published on our website). If you have any questions about the Terms or the Privacy Policy, you may contact us via the contact information provided on our “Contact Us” webpage on the Site.
Disputes
You agree that any controversy or claim arising out of or relating to the Terms, the Site, the Privacy Policy, and/or our Services shall be settled by out-of-court procedures within the territory of Cyprus or unless agreed in a location determined by the Parties as set forth herein.
Alternatively, you may assert your claims in Cyprus courts following the Terms if your claims qualify and so long as the matter remains in such court and advances only on an individual basis.
By agreeing to follow an out-of-court procedure of the dispute as set forth herein, you understand that you are waiving your right to initiate court proceedings.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE PRIVACY POLICY, AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION.
Any disputes arising out of or relating to these Terms, the Privacy Policy, the Site, and/or the Services shall be resolved in accordance with the laws of state of Cyprus.
Use of our Website
With this Agreement, you hereby agree that:
- You may only use the Website to make legitimate inquiries, orders, and usage.
- You will not make any speculative, false, or fraudulent actions. If we are reasonably of the opinion that such an action has been commenced, we shall be entitled to cancel any potential order to use our Products or Services and inform the relevant authorities.
- You also agree to provide correct and accurate email, postal, and/or other contact details to us and acknowledge that we may use these details to contact you if this should prove necessary (see our Privacy Policy for more information on how we use your personal information).
- If you do not give us all of the require information you accept that we may not be able to provide our Services to you.
- You will not attempt to interfere in any way with the Website, or our networks, or related network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system.
- You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy, or publicity rights of another person or entity.
- You will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national, or international law or regulation.
- By using products through the Website you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
Service Availability
Products offered or/and displayed via the Website may not be available at all times. The Company reserves the right to update and change products and services displayed as available at any time. Available products and services may be re-launched with different features and characteristics.
Our Products/Services may not be available in some jurisdictions. The overall provision of our Products and Services is subject to availability.
Liability and Disclaimers
We publish information on the Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice.
The Services described on the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the Services described in the Site will be available for you in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK CONCERNING YOUR USE OF THE SITE, WHICH IS PROVIDED ON “AS IS” BASIS. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE, ITS FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS.
NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING/ACCESSING IT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS PERFORMED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE OR EQUIPMENT.
Redirection and Links
The Service may contain links to websites owned by third parties. The link sites are not under our control, and we are not responsible for the contents of any linked site or any changes or updates. Further, we are not responsible for any form of transmission received from any linked site nor for its overall operations. The inclusion of any link does not imply endorsement by us of the site or products and services displayed there.
You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites.
We do not accept any responsibility for any damage or loss you may suffer arising out of access to third-party websites.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE, OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Intellectual Property
The Site, including all of its information and contents, such as text, data, background, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, and the HTML used to generate the pages (collectively, “Content”), is Company’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under Cyprus and/or foreign laws.
Except as otherwise provided on the Site, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Content from the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of the Company.
We reserve the right, for any reason or no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, the Content on the Site as well as features of availability of the Site, and we will not be liable to you or to any third party for doing so.
Nothing on the Site should be construed to grant any license or right to make use of the Company’s Content without our prior written consent.
The abovementioned does not prevent you from using the Site to the extent necessary to request information products and Services, read the Terms and Privacy Policy, or view the Content.
Indemnity
With the Agreement, you agree to indemnify and hold the Company, its directors, shareholders, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your violation of these Terms.
Binding Nature of our Agreement
These Terms and our Privacy Policy are binding between us. You may not transfer, assign, charge or otherwise dispose of these Terms or our Privacy Policy, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, subcontract or otherwise dispose of these Terms and our Privacy Policy, or any of our rights or obligations arising under them, at any time.
Force Majeure Event
We will not be liable or responsible for any failure to perform, or delay in the performance of any of our obligations for our Services that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, nonhappening, omission, or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations, or restrictions of any government;
- Any shipping, postal, or other relevant transport strike, failure, or accidents.
We may suspend the provision of our Services and products for the period that the Force Majeure Event continues, or afterward.
Waiver
No failure of us to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
Modifications
We have the right to revise and amend these Terms at any time. Your use of the Site after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and Company’s policies in force at the time that you order products from us.
Questions or Feedback
Your questions and feedback are always welcome at any time. Please feel free to contact us at [email protected]