General conditions. Terms of Site Use
1. General Conditions
In the document below, Agreement, and any other relating papers and procedures towards all Stakeholders the following terms and definitions are used:
- Company – Nektar Digital Group LP.
- Vendor – registered user of the site that offers and provides his or her product or services to other users basing on Site Use Agreement Conditions or/and on Seller Agreement Conditions.
- User – registered physical entity committed to this Agreement cable to act independently or as a representative of legal entity which User is authorized to represent.
- Company site/Sites – any site which is registered under brandscreens.com domain or its sub-domains.
- Products – goods and services offered by Company and its Vendors on the site which can be acquired by any User on the basis of Site Use Agreement Conditions or on Seller Agreement Conditions.
- Licensing agreement – legal agreement which allows to use Company and Vendor
- User Content – materials including, without any restrictions, texts, pictures, audio, photos, video and audio visual materials and other informative materials which are provided to Company by User or Vendor via site or additional
- Service – service package, which is provided to User or Vendor
- Agreement – the present document with all its changes and appendixes
- Content – all texts, graphics, user interfaces, visual interfaces, photos, trademark names, logos, sounds, music, pictures, programming codes (all of them are jointly named “Content”), including also design, structure, choice, coordination, appearance, general style and layout of the Content which is included into the site.
- Third Parties – any physical or legal entities having some deals with Users, Vendors or Company which are not regulated with this agreement.
1.2. Company Site materials, User Content, Content, Vendor’s or Company Products and Services use is regulated by current acting Austrian legislation.
1.3. The present agreement is a public offer. Getting an access to User Content, Content or Customer or/and Vendor products means that User must follow the present Agreement rules.
Any kind of Service uses and forms within its (Service) which is stated in this or any other agreement including:
- review of materials placed on Site;
- registration or/and authorization on Site;
- posting or displaying of all materials on Site including but not restricting such as texts, hypertext links, pictures, audio and video files, intelligence or/and any information;
- downloading or uploading of any site materials and materials defended by copyright;
- purchasing, selling and further usage of Company or Vendor’ Products or Services
means that all activities are carried out under conditions of signed contract between Company and User based on conditions of the present Agreement, including conditions from Site Use Conditions and Licensing Agreement.
1.4. Using any of above mentioned services means that You, as User, confirms that:
a) You as User are familiar with conditions and terms of the present Agreement, and know all clauses to full extent before You, as User, start using Service or/and site.
b) You as User agree with conditions of this Agreement in full without any exception or restrictions from You, as User, and are obliged to follow all terms of agreements, otherwise You, as User, have to stop using Company Site/Site. If You as User do not agree with conditions of this Agreement or You as User are not authorized to sign such agreement, You as User must stop using Site.
c) Agreement (including any of its parts) can be changed without any special notification. New edition comes into force from the moment of its placing on Site or informing User in any convenient for the company form, unless new edition says something different.
2. General Site usage conditions
2.1. Functional features of Site or Services are allowed to be used only after User registration and authorization on Site following required procedure.
2.2. Users must be informed about changes in technical, organizational and commercial conditions of Site use, including its functional features by locating such information onto Site or by notifying Users.
2.3. Login and Password chosen by User are considered necessary and enough information for User access to Site. User does not have any right to transfer the password and login to third parties, is responsible for their (login and password) security and can choose their method of storage. Company, can cut off or change, terminate or block User indicator, login, account and password in its (Nektar Digital Group LP. Company) sole discretion without advanced warning.
2.4. Access to some specific parts of Site is limited. Company has a right to restrict different parts of Site or whole Site in its (Site) administrators sole discretion to carry out technical works on Site or/and, if Site administrators consider User activities directed at sabotaging of services; Services, Site or/and Company reputation slandering or/and damaging Company confidential information, distribution or/and piracy.
2.6. Buying Company or/and Vendor’s Products means User agrees to follow Licensing Agreement for these Products use which is present here in the part: https://brandscreens.com/license-agreement
3. User responsibilities
3.1. User agrees not to take any action which can be considered as breach of any law or/and international law, including intellectual property, copyright or/and relating rights, and also any activities which can intentionally or unintentionally lead to malfunction of Site and its services, including activities which can blacken the reputation of Company.
3.2. User agrees not to use Site, in order to copy, store, locate, transfer, use, publish or distribute any material which consists of or/and is connected with any spy, virus software, Trojan horse, worm, keystroke logger, rootkit or other malicious software.
3.3. User agrees not to conduct any systematic, automated or manual processes, as well as data collection activities including data mining, data extraction or/and collection of data that is present on the site or in the index of search engines.
3.4. User agrees not to use this website to transmit or/and send unsolicited commercial messages or send spam emails.
3.5. Use of this Site is not permitted without the consent of copyright holders and is strictly prohibited. When User receives a gift, downloads something, purchases some materials and products of Company, Vendors or, when User purchases something on affiliated or daughter companies website, User becomes a subject to the license agreement. For fair use of this Site, it is necessary to sign licensing contracts (to get licenses) from the copyright holder.
3.6. While citing materials of Site or/and materials from daughter sites, services, social networking and other accounts of Company, including protected works of authorship, a link to the Site with the meta tag “Fouls” and “Index” is obligatory.
3.7. Comments and other records of User on Site should not be in conflict with the requirements of law and generally accepted norms of morality and ethics. Company reserves the right to delete comments or other user entries without notice.
3.8. User is informed that Company is not responsible for the content of those links which can be placed on Company site or any affiliated Sites.
3.9. User agrees that Company is not responsible and has no direct or indirect liabilities to User in connection with any possible or arising loss or damages associated with any content of Site, registration of copyright, and information on such registration, products or services, commodities provided by Company or Vendor available on the website or obtained from external sites or resources, or any other user’s contacts, which User enters, using the information posted on the website or links to external resources.
3.10. User agrees that all materials and Service or any of their parts can be accompanied by any kind of advertisement. User agrees that Company is not liable to any damages because of such ads.
4. User content
4.1. Some parts of this web-site are developed to force information exchange openly. Company allows User to locate, transfer, exchange and send information into blogs, forums and other social blocs of this web-site (network forums). The responsibility for Content, including previously described Content and documents, pictures, illustrations, audio and video records, regardless how it was located on Site (either openly or confidentially through User Content) will be on shoulders of a sender of such information. It means that You as User, but not Company, shoulder responsibility for User Content which You as User download, transfer, place, send via mail or introduce via any other methods.
4.3. You as User agree that You as User assess and assume all risks associated with the use of User Content, including risks associated with the accuracy, completeness or suitability for use of User Content. You as User acknowledge that You as User may not rely on any User Content appearing on this web site.
4.4. By posting User Content on this website, You as User agree that:
- a) You as User have ownership rights of all User Content posted by You as User and You as User become an authorized licensee;
- b) by placing User Content onto Site, You as User do not break the contract with the third party;
- c) by posting any User Content, You as User do not violate a trademark, copyright, patent or any other intellectual property right of a third party, and do not transgress the existing laws or regulations.
Moreover, by placing User Content, You as User grant Company perpetual, non-exclusive, royalty-free, sub licensable worldwide license to use, reproduce, sell, store, distribute, display openly and privately, transmit, represent openly and privately, forward, create derivative works (on the basis of the content) and promote any currently known or later developed method for editorial, commercial, promotional or other purposes of any User Content provided by Company or posted on any Company web site.
4.5. While sending user-generated content to Company, User also grants the right to sue for infringement.
4.6. You as User acknowledge and agree that Company has no obligation to review the work, material or Content uploaded to the Site and is not responsible for the work, materials or any other content, in this or that way related to Company or its Sites. Company has the right in its sole discretion, accept or deny, delete, move or edit any work or material or content uploaded to the site. Nevertheless, if You as User publish the work, materials or content by using Yours as User name or via Yours as User account, You as User remain fully responsible for such work, materials and content.
4.7. Company reserves the right to edit or remove any material submitted to this website, or other materials that are stored on company servers.
5. Prohibited behavior
5.1. By using this Site, You as User agree and guarantee that that You as User will not:
- perform any act aimed at undermining, difficulty or impairment of proper operation of our website;
- send spam or other unauthorized advertisements or solicitations through this website;
- receive, collect or use addresses, phone numbers, email addresses or other contact information (collectively “Contact Information”) of Users of the Site without the consent of the user of this data;
- ask for personal information from the Users of the website;
- give false personal information in your account, create more than one account, transfer your account as User to another person, create an account for another person or create a page without proper authorization;
- use your account as User for any commercial purposes;
- intimidate or harass any of the Users;
- commit to unlawful, illegal, fraudulent, malicious acts or acts that could harm other Users of the website or bring them accountable; or make other Users attempt to commit the above acts, promote or assist them. You as User may not use this Web site to:
- impersonate any person or entity;
- falsely represent or misrepresent, in any other way, your belonging to any person or entity; intentionally omit, delete, falsify or misrepresent transmission information, including headers, responses to mail and Internet protocol addresses; or, otherwise, tamper with the identification data to conceal the source of the Content that You as User submit or send via this website;
- disrupt the normal flow of dialogue between Users, or/and, otherwise, act in a manner that would, adversely, affect the ability of other Users to participate in the exchange of data in real time;
- in any way, obstruct, disrupt or cause damage to the Website or the servers and networks which are connected to this website;
- harass electronically or in any other way, any of other Users;
- participate in activities that violate the right to privacy of other Users, including, among other things, the collection and dissemination of information about other Users without their permission, except in cases that do not contravene the legislation in force;
- use this Web site in violation of any applicable laws and regulations or any rules and guidelines established by Company.
By using this website, You as User agree not to take part in the above prohibited activities, as well as agreeing to the guidelines of the community. Failure to follow these guidelines will result in removal of your account as User. Company also reserves the right to take appropriate measures, including, among other things, legal action, in response to the illegal acts or violation of community guidelines.
7. Sales of Products
7.1. Seller (Company or vendor) shall transfer to the Purchaser (User) goods intended for personal, commercial, household, or other types of use, on the basis of the license agreement, and Buyer shall accept and pay for goods on the conditions of Site.
7.2. Name, price, quantity and specifications of the goods, as well as other necessary conditions of the Treaty of purchase and sale are based on information provided to the buyer on the Site product page and the conditions of use of the Web site of the License Agreement and / or other promotional, informational materials obtained by User from Company.
If User has doubts about the authenticity of the information on the Goods displayed on the website or other promotional information authenticity of products or materials common to other social accounts, pages or Sites of Company, User must send a notice to Company. The order can be placed in various ways: through a form on the website, by email, by phone, through the Internet-shop payment systems.
7.3. A prerequisite to conclude the contract is unconditional acceptance and adherence of the Purchaser (User), applicable to the parties under Contract requirements and the provisions defined by the following agreements:
Terms of Website Use https://brandscreens.com/terms-conditions/
License agreement https://brandscreens.com/license-agreement/
7.5. Company reserves the right, at any time, to change the price of Product and/or Product information without notice of User.
7.6. The Buyer has the right to cancel the entire order or part of it after the notification of the Seller, Company and Vendors, and before the actual shipping of goods by mail or/and before obtaining a reference or/and before getting an access to download of digital goods.
7.7. In case of cancellation of the order, the Buyer shall notify Company via e-mail by writing the order number and the reason for the cancellation.
7.8. Company reserves the right not to provide any services or products, and not to provide access to download Vendor or Company files if Company and/or Vendor suspect that the order made by the client have the purpose of piracy or theft of intellectual property. In case of suspicion, the Company has the right to transfer you as customer data to local authorities and/or the police.
8. Methods of payment and transfer commission
8.1 We accept payments through Paypal, Bankstransfer and through Visa and Maestro cards of Stripe Merchant System
8.2 The Processing Commission fees of transaction system is 3.5% of the total order.
8.3 If You choose the payment method Banktrasfer, User must also pay a transfer fee charged by correspondent bank.
9. Taxation and documentation
9.1 The prices for Company and Vendor products for Customers out of the United Kingdom on Site are displayed without tax.
9.2 For all of companies from non-Euro zone countries, prices for Company or Vendors’ Products or Services are displayed on the Site without tax.
9.3 When purchasing Products from Company or Vendors’ Sites or Services, User will be provided with PDF Invoice that is automatically generated from Site and sent to the registered email-address of User. In some cases, the user can also download the PDF invoice through a personal account. If it is necessary to make changes to the PDF account, User must send a request to the administration of the Site.
9.4 Generated by Site system PDF invoice is a legal document which is valid without a signature.
9.5. Company is not liable for income tax, taxes or other taxes which have to be applicable to Vendors or Users.
User is notified that within the framework of User commercial activities on the Website, User is obliged to pay tax under the tax laws of the country where User operates.
9.6. Company is not responsible for loss of user documents (eg PDF invoice) given to the User under this Agreement
10. Delivery of physical goods
10.1. When User purchases goods and makes payment to Company via Paypal account or any other merchant account, Company delivers the goods to User through the existing Post Services such as UPS, DHL, or any other service chosen by Company.
10.2. The price of delivery is generated on the checkout Site page, depending on Product and User’s shipping address.
10.3 . Company provides delivery in all EU countries and all over the world except the burning points or other possible hazardous areas that can cause problems in obtaining the goods by User.
10.4. Delivery to the EU countries takes place from 3 to 14 working days depending on the type of Product and User’s shipping address.
10.5. Delivery beyond the Euro area is carried out as Express delivery takes 2 to 5 days depending on the type of Product and User’s shipping address.
10.6. You as User agree that when You order products and the delivery abroad of the Eurozone in case of any additional payments including custom taxes, tariffs or any other payments connected with correspondent country You as User have to pay all of them. Company is not responsible for any customs taxes, fees or any other taxes required to deliver of purchased products into User’s country.
10.7. You as User agree that the late registration of the customs declaration and, as a result, delays in import terms of purchased products may cause an additional payment to the initially counted payment because of storage of products in a warehouse in the customs area, or warehouse Forwarder service delivery.
10.8 Company has the right to offer and provide a type of delivery different from requested by User.
11. Digital products download, access permission
11.1. After User purchases the goods and makes payment to the Company via Paypal or any other merchant account, Company gives an access to load goods through User’s personal account on the Site or via additional Cloud Hosting or Cloud service.
11.2. In order to download products via the additional Google Drive Cloud Service, User must provide Company with Gmail Address to provide access and better performance when downloading.
11.3. User is obliged not to transfer an access to personal account or access to load of products to third parties if it is not assumed with Licensing Agreement.
11.4. Limits for downloading are set by Company without notifying the user. Standard limit for Products download is 3 times.
11.5. User agrees not to violate the terms of licensing agreement in acquired goods use, otherwise, Company will be forced to file a lawsuit to sue User.
12. Goods returns and refunds
12.1. Company can refund digital products, which were added to the shopping cart several times by mistake and paid by User.
12.2. Company can refund products which are delivered with factory defects.
12.3. Company does not refund purchased digital products.
12.4. You as User agree that while goods returning and refunding, all additional payments are shouldered on You as User and, Company will not compensate any additional commission which rose from You as User, payment systems when ordering.
13.1. You as User agree to indemnify all losses, costs and expenses (including reasonable attorney’s fees) resulting from or related to the following actions:
- a) The use of this website or other applications, functions, user content, content or materials related thereto;
- b) violation of the conditions of use;
- c) violation of the rights of another User, person or entity;
- d) violation of the License Agreement;
- d) violation of the representations, warranties and agreements that You as User have read and given in this document. In all of these actions, You as User must not involve Company to the third party liability complainant.
13.2. Company, does not grant any assurances or warrantees that this website does not contain defects, viruses or other harmful components. Company will not be responsible for losses or damage that may be caused by breaking of this website or penetration into computer systems controlled by Company.
13.3 You as User will be solely responsible for adequate protection and storage of backups and / or equipment used in connection with the web site of data.
you as User agree not to impose us, Company to complaints and legal actions because of cases based on use of this web the site, including claims regarding loss of data, delays in operation or lost profits resulting from use of materials or content of this website.
13.4 Pages of this Website may contain technical inaccuracies, outdated information or typographical errors. to the extent permitted by applicable law, this website is presented “as it is”. Company makes no warranties, including explicitly and implicitly stated but not limited to any kinds of warranty for every particular purpose or merchantability, and in no event shall not guarrantee the quality, data content, artistic value or legality of the information, Content, User Content, Goods or Services, sent or received, acquired or provided through this web site. we do not guarrantee that this website will be free of errors or that any defects will be corrected. exclusion of implied warranties may be prohibited by applicable law, so the above exclusion may not apply to you.
14. Notice and Procedure for Making Claims about Copyright Infringement
14.1 Submission of the notice of copyright infringement shall be transmitted to the next authorized employees:
Nektar Digital Group LP
101 Rose Street South Lane
Edinburgh, EH2 3JG
This notification is considered to be in act if it contains the following issues in written:
-a physical or electronic signature of a person, User authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
-identification of the work protected by copyright, violation of which was stated, or if a notice was announced about several works that are protected by copyright and posted on the same Website, the list of names of such works on the Website;
– identification of the work in respect of which the allegedly infringed rights are announced, which is a subject of a wrongful act, which is to be removed, or to which access must be closed, and information that will allow the service provider to determine the location of the material;
– information that will enable the service provider to contact the complaining party, such as an address, telephone number or e-mail address (if any), which You as User can use contact the complaining party;
– a statement that the complaining party, in good faith, believes that the method of the material use on which the complaint is made, is not authorized by the copyright owner, its agent, or the provisions of the law;
– statement made under fair of perjury, that the information contained in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that was allegedly infringed.
15. Liability limitation
15.1. Under no circumstances, including negligence, shall Company not be liable for any special, incidental or consequential damages or lost profits, which were caused by distribution, use or/and inability to use the content or materials of this web site, even if we were informed about possibility of such damages. the limitation or exclusion of liability or indemnity for incidental or consequential damages may be prohibited by applicable law, so the above limitation may not apply to you as User.
16. Jurisdiction and Choice of Law
16.1. Company monitors and controls the Website data. Unless otherwise stated, materials and content on this web site are presented solely for the promotion, sale of goods and services on the Internet.
The information published on this website may contain references to products, programs and services that are not announced or available in your country or region. Company do not claim that the information, products, programs or services referenced on this website are legal, available and appropriate in your country or region
18. Liability of the parties
18.1. For non-performance or improper performance of the terms of this User Agreement Parties shall be liable in accordance with the requirements of the legislation.
18.2. For violation of the provisions and requirements set forth in this User Agreement, Company has the right to:
– Suspend the provision of Services to Users of Site for a certain period to be determined by Company;
– Terminate the provision of services to such Users of the website;
– Restrict the provision of Services to Users of Site for a certain period or without a definition of this term.
– File a lawsuit against User for violating the conditions of using Site, violation of License Agreement.
– Uplift additional charges for Users for Services, Products and/or additional payments which are made by Company to third parties for the provision of Services to User.
18.3. . Company is not responsible for the improper performance of obligations by third parties, in particular from the payment systems (Paypal, Stripe), credit institutions (banks), the mobile operators to transfer funds via Site User.
18.4. Company is not responsible for any failures to perform its obligations, if such non-performance or improper performance of obligations is caused by the actions of third parties, payment system, hosting providers.
18.5. Company shall not be liable for any costs, losses or other damages caused to the users of the website by introduction of any kind of advertising, advertising banners, ads, contextual ads, links to which are placed on the site. Site User agrees not to submit to Company, claims for these expenses, damages and other damages; all received claims should be dismissed. User of this website agrees to give consent that third parties can use information about visits to the site, the hyperlinks which are placed on the website and which are clicked by User in order to watch advertisement of goods and services (except names, address, email address or telephone numbers).
18.6. Company and Site User shall not be liable for breach of this User Agreement, if such failure is caused by force majeure circumstances. Force majeure are actions of public authorities, local authorities, fire, flood, earthquake and other natural disasters, lack of electricity and / or malfunctions of computer network operation, strikes, civil unrest, riots.
19. Settlement of Disputes
19.1. The parties have set ambitious pre-trial procedure for settling differences and disputes. The deadline for reply to the complaint is 10 (ten) business days of receipt, starting with the date of receipt by e-mail.
19.2. In case of failure to reach agreement on the contentious issues of dispute arising out of this Agreement shall be examined by the court at the location of the Company’s registration.
20. Validity of User Agreement
20.1. User Agreement shall enter into force upon its placement on the Internet at the Website.
20.2. User Agreement is concluded for an indefinite period of time and loses its effect when Company terminates it.
20.3. In case of changes in User Agreement, such changes come into force from the date of publication of the new edition of User Agreement on Site, unless other terms are defined in addition to amendment publication. In such case, changes come into effect without prior notice to User.
User is obliged to monitor the changes in the provisions of this Agreement and shall be liable for any negative consequences associated with non-compliance with this obligation. In case of disagreement User is obliged to stop using Site, otherwise the continued use of Site by User means that User agrees to the terms of this User Agreement as amended.
21. Other conditions
21.1. All possible disputes arising from this Agreement and/or, related to it, shall be settled in accordance with the applicable Austrian law.
21.2. Relationship between User and Company in Agreement cannot be considered as agency relationship, partnership relations, relations on joint activities, relationships, personal hiring, or any other relationship if it is not implicitly stated by Agreement.
21.3. Recognition by the court of any provision of Agreement invalid or not enforceable does not entail invalidation of other provisions of Agreement.
Nektar Digital Group LP
101 Rose Street South Lane
Edinburgh, EH2 3JG
Document updated 07.02.2022