OPTIMI WEBSITES TERMS OF USE

Welcome to the Optimi website. Please read these Terms of use carefully before using this site.

Last modified: March 31st,  2020.

The purpose of this website is to provide online access to information about Our products, services, and opportunities. It is operated by Optimicdn Limited, a limited liability company registered in England, whose registered offices are located at 38 Berkeley Square, London – W1J 5AE, (“OPTIMICDN”, “Optimi”, “We”, “Us”, or “Our”).

By accessing, browsing or using this website and all Optimi owned and/or operated websites, (the “Optimi Websites”), you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. These terms of use (together with the documents referred to in it) constitute a binding agreement between You and Us in relation to the use of Optimi Websites.

Please review these Terms carefully before You start to use Optimi Websites. By accessing, browsing or using the Optimi Websites, You accept these terms of use and You agree to be bound and comply with them. If You do not agree to these terms of use, do not use the Optimi Websites.

You agree that Your use of the Optimi Websites is on behalf of your company or another legal entity and you hereby represent and warrant that you are not a consumer.


Changes to these terms

We may modify these terms of use at any time by amending this page without giving You prior notice. Your use of the Optimi Websites following any such modification constitutes Your agreement to comply with and be bound by the new terms of use as modified. You may find the date these terms of use were last modified at the beginning of this document.

Please check this page frequently to take notice of any changes We made, as they are binding on You.

It is Your sole responsibility to check this page.


Changes to Optimi Websites

We may update the Optimi Websites from time to time, and may change the content at any time. However, please note that any of the content on the Optimi Websites may be out of date at any given time, and We are under no obligation to update it.


Privacy Policy

Optimi’s privacy policy, as it may change from time to time, applies to the collection and use of personal data and is made a part of these Terms by this reference. The privacy policy is available on the same Optimi Website that features these Terms.


Password Protected Areas

Access to and use of password protected areas of the Optimi Websites is restricted to authorised users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the Optimi Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to Optimi; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify Optimi immediately of any unauthorised access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to applications accessible through your account. You accept sole risk of unauthorised access to your account. To the full extent permitted by law Optimi will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by Optimi or any other user or visitor to the Optimi Websites due to someone else using your password or account because of your non-performance under these Terms. You may not use anyone else’s account at any time, without the permission of the account holder.


Your Purchase of Services and Services Availability

Specific terms and conditions apply to your purchase of services from Optimi and to specific portions or features of the Optimi Websites. Optimi’s obligations with regards to its services offered on the Optimi Websites are governed solely by such terms and conditions and nothing contained on the Optimi Websites or in these Terms shall be construed to alter terms and conditions that are specific to services. The materials on the Optimi Websites with respect to services may be outdated and Optimi makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that Optimi will make available such services in your country. Please consult your local account manager for information regarding the availability of particular service offerings in your country.


Promotions

The Optimi Websites may contain or offer promotions or other similar features, which may be subject to a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.


Ownership of Content

The Optimi Websites; their past, present and future versions; all pages found within the Optimi Websites; the material and information on the Optimi Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the Optimi Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Optimi, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Optimi Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Optimi Websites. All rights not expressly granted are reserved.

The Optimi Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Optimi’s express prior written authorisation. You are granted permission to display on your computer, print and download the Content on the Optimi Websites solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on the Optimi Websites are open source Content and documents subject to the applicable open source licence and are so marked. Your use of those materials is governed by the individual applicable licence. Unauthorised use of the Optimi Websites or the Content contained on or available through the Optimi Websites or any linked websites may violate applicable Intellectual Property laws or other laws.


Intellectual property rights

For the purpose of these terms of use “Intellectual Property Rights” shall mean patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and registration of such worldwide, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, and other intangible proprietary information.

We are the owner or the licensee of all Intellectual Property Rights in the Optimi Websites, and in the material published on it. All such rights are reserved.

You must not use all and any part of the Optimi Websites and/or its Content protected by Intellectual Property Rights without obtaining a licence to do so from Us or Our licensors, or without being authorized by law.


No reliance on information

The Content on the Optimi Websites is provided for general information only. Please contact Our team at support@abc.com before taking, or refraining from, any action on the basis of the content on the Optimi Websites.

Although We make reasonable efforts to update the information on the Optimi Websites, We make no representations, warranties or guarantees, whether express or implied, that the Content on the Optimi Websites is always accurate, complete or up-to-date.


Viruses

We do not guarantee that Optimi Websites will be secure or free from bugs or viruses.

You are responsible for configuring Your information technology, computer programmes and platforms in order to access the Optimi Websites. You should use Your own virus protection software.

You must not misuse the Optimi Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Optimi Websites, the server(s) on which the Optimi Websites are stored or any server or computer connected to the Optimi Websites. You must not attack the Optimi Websites via a denial-of-service attack or a distributed denial-of service attack. We will report any such action to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such an action, Your right to use the Optimi Websites will cease immediately.


Third party links and resources in Optimi Websites

Links to third-party websites or information are provided for Your convenience only. If You click these links, You will leave the Optimi Websites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Us of the third-party, the third-party website, or the information contained in any third-party website. We are not responsible for the availability of any such websites and/or for any such website or the content thereon. If You use the links to third-party websites You will be subject to the terms of use and privacy policy applicable to those websites.


Limitation of our liability

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OPTIMI WEBSITES OR CONTENT ON IT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH OPTIMI WEBSITES IS AT YOUR OWN DISCRETION AND RISK. WE WILL NOT BE LIABLE AND/OR RESPONSIBLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED GBP £100. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Optimi Websites or to Your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on Optimi Websites. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from Your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to You, which will be set out in separate Terms and Conditions of Service.


Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Optimi, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives and Optimi Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Optimi Websites and Content; (ii) content you submit, post, transmit or otherwise make available via the Optimi Websites; (iii) your violation of these Terms or Optimi Websites’ specific Terms and Conditions. This indemnification obligation will survive the termination of your Optimi account or these Terms.


Applicable law and Jurisdiction

The Terms constitute the entire agreement between you and Optimi relating to your use of and access to the Optimi Websites and Content. Where these Terms intend to create any right for any third party to rely upon these Terms in any way and/or where specific clauses of these Terms are considered to be so called “third party stipulations” and such are accepted by the respective third party, such third party shall not become a party to the agreement between you and Optimi.

These terms of use are governed by the laws of England and Wales, without regard to conflicts of laws rules. OPTIMI AND YOURSELF BOTH HEREBY CONSENT TO SUBMIT ANY DISPUTE ARISING OUT OF OR IN RELATION TO THESE TERMS OF USE TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND AND WALES.


Contact us

To contact us, please email legal@abc.com

Thank you for reading through these Terms. Now please enjoy our Optimi Website.