Website terms of use


Use of this website (the "Site") is strictly subject to these Terms of Use. By using the Site you accept these Terms of Use and agree to abide by them. The Site is operated by Subba Media Limited (company number 08526068) with registered office address at 2nd Floor Thames House, 3 Wellington Street, London, SE18 6NY, United Kingdom ("Subba-Cultcha.com", "we" or "us").

We reserve the right in our sole discretion to amend or otherwise update these Terms of Use at any time without notice. Your continued use of the Site shall mean you agree to be bound by these Terms of Use as amended or otherwise updated.

Access to the website

The permission granted to you to use this Site is conditional upon you complying at all times with these terms, our Privacy Policy, and any additional terms associated with any programs in which you may elect to participate with respect to our Site ("Terms of Use"). By accessing and using the Site including any feature, function, content or service provided on or through the Site ("Service"), you, and any person, company or other entity on whose behalf you are accessing our Site and Services, agree to our Terms of Use regardless of whether or not you choose to register with us. Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the Service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.

Intellectual property

All materials on the Site and all intellectual property rights in the Site are owned, licensed to and/or controlled by Subba-Cultcha.com and its licensors. All material on the Site is protected by copyright. Permission is granted only to electronically copy and/or print in hard copy portions of the Site for personal, non-commercial purposes.

All trade marks, service marks, trade names, branding and logos on the Site identifying Subba-Cultcha.com, its licensors and/or their products and services are subject to copyright, design rights and trade marks owned by Subba-Cultcha.com and/or its licensors. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, design right or copyright of Subba-Cultcha.com or its licensors. Please note that Subba-Cultcha.com will always seek to protect and enforce its intellectual property rights to the fullest extent permitted by law.

If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Links

The Site may include links to other websites that may be of interest to you. We do not endorse or approve and have no responsibility for the content of any website to which the Site links including but not limited to any advertising, marketing, promotions, products or services available from such websites, nor for any loss caused by the use of or reliance on the content of such external websites.

No authority is given (expressly or implied) by us or the contributors to the Site to deep link to or to frame any of the content that appears on the Site or to use any representation of any of the trade marks, service marks, trade names, branding or logos that appear on the Site.

Disclaimer

Although Subba-Cultcha.com has taken reasonable precautions and care in compiling the Site, we do not make any representations or warranties of any kind (expressly or implied) with respect to the content or operation of the Site and any such representations and warranties are excluded by this notice. We do not warrant that use of the Site will be uninterrupted or error free.

Your use of the Site and the materials contained in it are done so entirely at your own risk. Subba-Cultcha.com does not accept any liability for losses or damages, whether direct or indirect, that you may suffer as a result of your use of the Site or your reliance on the content of the Site including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from "hacking" or otherwise.

The Site is made available on the basis that all liability whatsoever for any loss or damage arising out of or in connection with your use of the Site, or reliance on the content of the Site, is excluded by us to the fullest extent permitted by law.

The information contained in this Site provides a general overview of Subba-Cultcha.com. It is not meant to be a complete review of all matters concerning Subba-Cultcha.com. Subba-Cultcha.com makes no representations nor provides any warranty as to the accuracy, currency, or completeness of such information.

Any typographical, clerical or other error or omission in any page posted on the Site shall be subject to correction or deletion (as appropriate) without any liability on our part. We aim to update the Site regularly and may change the content at any time. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. The information on the Site is based on sources believed to be reliable, however, no assurances can be provided to the user that the information is accurate and complete.

Compliance with applicable laws

You agree not to use the Site (or any part of it) for any illegal purpose and agree to use it in accordance with all applicable laws. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You will not upload or transmit through the Site any material that is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety. You will not use the Site in any manner that violates or infringes the rights of any person or company (including but not limited to rights of intellectual property, rights of confidentiality or rights of privacy). You agree that violation of any of these obligations may result in us terminating your access to the Site.

Indemnity

You agree to indemnify, defend and hold Subba-Cultcha.com, its licensors, affiliates, officers, agents and other partners and employees harmless from any and all loss, liability, claim or demand made by a third party due to or arising out of your use of the Site. Subba-Cultcha.com reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully co-operate with Subba -Cultcha.com's defence of such claim.

User names and passwords

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

Interactive services and additional services

We may from time to time provide interactive services on the Site, including, without limitation chat rooms, bulletin boards and online forums (together the "Interactive Services"). Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our Interactive Services by a person under the age of 16 years old is not permitted. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any Interactive Service should be made aware of the potential risks to them.

Contributions to the site

These content standards apply to any and all material which you contribute to our Site ("Contributions"), and to any interactive services associated with it.

Contributions must:

-be accurate (where they state facts);

-be genuinely held (where they state opinions); and

-comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

-contain any material which is defamatory of any person;

-contain any material which is obscene, offensive, hateful or inflammatory;

-promote sexually explicit material;

-promote violence;

-promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

-infringe any copyright, database right or trade mark of any other person;

-be likely to deceive any person;

-be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

-promote any illegal activity;

-be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

-be likely to harass, upset, embarrass, alarm or annoy any other person;

-be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

-give the impression that they emanate from us, if this is not the case.

Without prejudice to your responsibilities to comply with the above content standards, you hereby assign (including by way of present assignment of future rights) all rights, title and interest, including all intellectual property rights, in and to all Contributions to Subba-Cultcha.com absolutely and you hereby grant to Subba-Cultcha.com all consents, rights, and waivers as may be necessary or desirable for Subba-Cultcha.com to use, apply and exploit your Contributions  in any manner and by any means and to the fullest extent permitted by law.

Limitation of liability

By accepting these Terms of Use, you expressly acknowledge, understand and agree that you access and use this Site at your own sole risk and that your use of the Site is on an "as is" basis and as and when available. All warranties, conditions and representations, express or implied, including but not limited to, title, non-infringement, merchantability, quality, and fitness for purpose are hereby disclaimed to the fullest extent permitted by applicable law.

Neither we nor any of our subsidiaries, affiliates, employees, agents, sellers, third-party content providers or licensors, or any of their officers, directors, employees or agents, shall be liable for any indirect, consequential, special, incidental, or punitive losses or damages which may arise out of or in connection with the use of the Site or the use of or reliance upon any of its content.

In no event or circumstances will our liability in relation to any certificate exceed the amount paid for the certificate in question.

Our total aggregate liability in respect of causes of action that arise, whether in tort (including negligence), breach of contract or otherwise out of or in connection with the use of the Site or the use of or reliance upon any of its content or other information shall not exceed £500 or if lower the amount which you paid to us during the six month period prior to bringing any claim against us, save to the extent that any person suffers death or personal injury as a result of our negligence, or such liability arises as a result of our fraudulent misrepresentation, or otherwise if and to the extent that any such liability may not be lawfully excluded or limited.

By accepting these Terms of Use, you indemnify us and our subsidiaries, affiliates and their respective agents, employees, officers and directors ("indemnified parties") from and against any and all actions, proceedings, losses, damages, liabilities, obligations, costs, claims, charges and expenses suffered or incurred by any of the indemnified parties of whatsoever nature arising out of or in connection with your use of the Site in breach of these Terms of Use.

Contact

Questions, comments and requests regarding these Terms of Use are welcomed and should be addressed to: contactus@subba-cultcha.com.

or

Subba-Cultcha.com
Attn: Legal Department
2nd Floor Thames House,

3 Wellington Street
London, SE18 2HA
United Kingdom

If you have a complaint or serious concern about our Site or any of our services please contact Subba Media at the above address. Please understand that reporting a concern as to Site content does not guarantee that it will be removed from the Site.

General

Any personal data which is collected or stored by us, including arising out of or in relation to your Account, your use of the Site, your use of any Interactive Services, and your use of any Additional Services, shall be subject to our Privacy Policy (including our Cookies Policy) and our Privacy Policy and our Cookies Policy are by this reference incorporated into and form part of these Terms of Use.

We reserve the right to amend or vary these Terms of Use from time to time without notice to you by placing updated Terms of Use on the Site.

The Site is controlled, operated, and administered by us from our offices within the United Kingdom and we make no representation that any Site content is appropriate or available for use at any other location outside the United Kingdom, and access to the Site from territories where the contents or products or services available through the Site are illegal is prohibited. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.

Should any dispute arise which is not be resolved directly between you and us, there are a number of government approved and EU listed certified alternative dispute resolution service providers, including ProMediate (UK) Limited (www.promediate.co.uk) and others which can be accessed here http:ec.europa.eu/odr; but we are not obliged to and do not agree to have our customers' complaints handled by these providers.

These Terms of Use are governed by and shall be construed in accordance with the laws of England and Wales, and any claim brought under these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales.