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CBRI Website Service Agreement

Effective: Jan 1, 2021

These terms ("Terms") cover the use of CBRI website (https://cbri.group) (the "Website") and services provided by the Website (the "Services"). You accept these Terms by creating a CBRI account, by using the Services or by continuing to use the Services after being notified of a change to these Terms.

  1. Your privacy

    Your privacy is important to us. Please read the CBRI Privacy Statement (https://cbri.group/legal/privacy) ("Privacy Statement") as it describes the types of data we collect from you and your devices ("Data"), how we use your Data and the legal bases we have to process your Data. The Privacy Statement also describes how CBRI uses the files, photos, documents, audio, digital works, livestreams, and videos that you upload, store, broadcast or share through the Services ("Your Content").

  2. Your Content

    The Services allow you to store or share Your Content or receive material from others. We never claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

    1. Sharing Your Content

      When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your Content available on the Services, without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms you have (and will have) all the rights necessary for Your Content that is uploaded, stored or shared on or through the Services and that the collection, use and retention of Your Content through the Services won't violate any law or rights of others. We strongly advise you to make regular back-up copies of Your Content. CBRI can't be held responsible for Your Content or the material others upload, store or share using our Services.

    2. Using Your Content

      To the extent necessary to provide the Services to you and others (which may include changing the size, shape or format of Your Content to better store or display it to you), to protect you and the Services and to improve CBRI services, you grant CBRI a worldwide and royalty free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, distribute via communication tools and display Your Content on the Services. If you publish Your Content in areas of the Service where it is rendered available online publicly or without restrictions, Your Content may appear in demonstrations or materials that promote the Service. We do not use what you say in email, chat, video calls or voicemail, or your documents, photos, or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.

  3. Code of Conduct

    1. Rules

      Content, material, or actions that violate these Terms are not permitted. By agreeing to these Terms, you are under the obligation to follow these rules:

      1. Don't do anything illegal.

      2. Don't engage in any activity that exploits, harms or threatens to harm children.

      3. Don't send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, National Insurance Numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.

      4. Don't publicly display or use the Services to share any inappropriate content or other material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence or criminal activity).

      5. Don't engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretences, impersonating someone else, manipulating the Services to increase play count or affect rankings, ratings or comments).

      6. Don't wilfully circumvent any restrictions on access to or availability of the Services.

      7. Don't engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech or advocating violence against others).

      8. Don't infringe upon the rights of others (e.g., unauthorised sharing of copyrighted music or other copyrighted material, resale or other distribution of photographs).

      9. Don't engage in activity that violates the privacy of others.

      10. Don't help others break these rules.

    2. Enforcement

      We reserve the right to deny Your Content if it exceeds limits on storage or file size allowed by the Service. In addition, if you violate any of the obligations listed in section 3.1 above or otherwise materially violate these Terms, we may take action against you including (without limitation) stopping providing Services or closing your CBRI account immediately for good cause or blocking delivery of a communication (like email, file sharing or instant message) to or from the Services. We also reserve the right to remove or block Your Content from the Services at any time if it is brought to our attention that it may violate applicable law or these Terms. When investigating alleged violations of these Terms, CBRI reserves the right to review Your Content in order to resolve the issue. However, we do not monitor the Services and make no attempt to do so.

  4. Using the Services & Support

    1. CBRI Account

      1. Creating an Account

        You can create a CBRI account by signing up online. You agree not to use any false, inaccurate, or misleading information when signing up for your CBRI account. If you received your CBRI account from a third party, the third party may have additional rights over your account, like the ability to access or delete your CBRI account. Please review any additional terms the third party provided you, as CBRI has no responsibility regarding these additional terms. If you create a CBRI account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your CBRI account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activities that occur under your CBRI account.

      2. Account Use

        You must use your CBRI account to keep it active. This means you must sign in at least once in a two-year period to keep your CBRI account, and associated Services, active. If you don't sign in during this time, we will assume your CBRI account is inactive and will close it for you. Please see section 4.1.3.2 for the consequences of a closed CBRI account. If we reasonably suspect that your CBRI account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), CBRI may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your CBRI account, please contact us via email (info@cbri.group).

      3. Closing Your Account

        1. Requirement for Closing Your Account

          You can cancel specific Services or close your CBRI account at any time and for any reason. To close your CBRI account, please visit My Account page. When you ask us to close your CBRI account, you can choose to put it in a suspended state for either 30- or 60-days just in case you change your mind. After that 30- or 60-day period, your CBRI account will be closed. See section 4.1.3.2 below for an explanation as to what happens when your CBRI account is closed. Logging back in during the suspension period will reactivate your CBRI account.

        2. Result of Closing Your Account

          If your CBRI account is closed (whether by you or us), a few things happen. First, your right to use the CBRI account to access the Services stops immediately. Second, we'll delete Data or Your Content associated with your CBRI account or will otherwise disassociate it from you and your CBRI account (unless we are required by law to keep it, return it or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the Services (or Your Content that you have stored on those Services) that require a CBRI account. You should have a regular backup plan. Third, you may lose access to products you have acquired.

    2. Service Notifications

      When there is something we need to tell you about a Service you use, we'll send you Service notifications and information the law requires us to provide. If you gave us your email address or phone number in connection with your CBRI account, we may send Service notifications to you via email or via SMS (text message). We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS. We recommend you monitor and maintain the email address you specified. If you don't consent to receive notices electronically, you must stop using the Services.

    3. Support

      Customer support is available via email (info@cbri.group). Support may not be available for preview or beta versions of features or Services.

    4. Ending your Services

      If your Services are cancelled (whether by you or us), first your right to access the Services stops immediately and your licence to the software related to the Services ends. Second, we'll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your CBRI account (unless we are required by law to keep it, return it or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the Services (or Your Content that you have stored on those Services). You should have a regular backup plan. Third, you may lose access to products you have acquired. If you have cancelled your CBRI account and have no other account able to access the Services, your Services may be cancelled immediately.

  5. Service Availability

    1. Limited Availability

      The Services or material or products offered through the Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device, or other external factors such as your internet or network connection.

    2. Service Disruption or Outage

      We strive to keep the Services up and running; however, they are not offered with a guaranteed level of quality of service and all online services suffer occasional disruptions and outages. In the event of an outage or disruption to the Service, you may temporarily not be able to retrieve Your Content. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.

  6. Updates to the Services and Changes to These Terms

    1. Informing You About Updates or Changes

      We will inform you if we intend to change these Terms. We may change these Terms if it is necessary due to (i) applicable law, including, but not limited to, a change of such law; (ii) an advice and/or order based on applicable law; (iii) the evolution of the Services; (iv) technical reasons; (v) operational requirements or (vi) an advantageous change of terms for the user. We will inform you of the intended change before it takes effect, either through the user interface, in an email message or through other reasonable means. We will provide you the opportunity to cancel the Services at least 30 days before the change becomes effective. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services and close your CBRI account in accordance with section 4.1.3. We will also expressly point to this fact when informing you about the intended change of these Terms.

    2. Changes to Service

      We continuously work to improve the Services and may change the Services or delete features at any time. We will notify you in advance if a change to the Services will cause you to lose access to Your Content. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material.

  7. Warranties

    If you are a consumer, you have certain rights under the law. These rights include an obligation on CBRI to provide the Services using reasonable care and skill. Nothing in these terms is intended to limit or exclude our liability for any breach by CBRI of this. EXCEPT IN CASES IN WHICH WE HAVE HIDDEN DEFECTS IN BAD FAITH OR DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE, WE PROVIDE THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." WE DON'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN'T FAULT-FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE CAN'T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS GIVE NO CONTRACTUAL GUARANTEES OR CONDITIONS. YOU HAVE ALL MANDATORY WARRANTIES FORESEEN BY LAW, BUT WE GRANT NO OTHER WARRANTIES. WE EXCLUDE ANY IMPLIED MANDATORY WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  8. Limitation of Liability

    1. CBRI shall not be liable for Your Content, material or other third party material, including links to third-party websites and activities provided by users. Such content and activities are neither attributable to CBRI nor do they represent CBRI's opinion.

    2. CBRI shall only be liable if material obligations of the Agreement have been violated, or as otherwise required by applicable law.

    3. CBRI shall not be liable for any indirect damage, including financial loss, such as loss of profit, unless CBRI at least acted with gross negligence or wilful misconduct.

    4. Any statutory no-fault liability of CBRI shall remain unaffected by the limitation of liability. The same shall apply to liability of CBRI in the event of fraud or their negligence resulting in personal injury or death.

    5. CBRI is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond CBRI's reasonable control (such as labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). CBRI will endeavour to minimise the effects of any of these events and to perform the obligations that aren't affected.