The user agreement (“User Agreement”) between you and Insignia Lifestyle Management (the “Company”), governs your use of the website www.insignia.co (the “Site”), or any Web page operated by the Company. By using this Site, accessing any of the Company’s Web pages, or otherwise using any services provided by the Company, you agree that you have the requisite capacity to enter into this User Agreement and you agree to the below terms of this User Agreement. If you do not agree to the terms of this User Agreement, you may not use this Site, access any of the Company’s Web pages or use any other services provided by the Company. The Company reserves the right, at any time and without notice, to modify, alter, or update the User Agreement, and you agree to be bound by such modifications, alterations, or updates, whether or not you are aware of them.
COPYRIGHT AND TRADEMARK NOTICES
All content included or available on this Site (including but not limited to code, scripts, images, site design, text, graphics, video clips, animations, fonts, applications, audio clips, button icons, computer software, interfaces, and the selection and arrangements thereof (collectively the “Materials”)) are the property of the Company and/or third parties and protected by U.K. and international copyright laws. Any unauthorised use of the Materials on this Site, including but not limited to reproduction for purposes other than for personal use, modification, distribution, transmission, removal, deletion, addition, performance, display or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of the Company is strictly prohibited. You understand and agree that neither this User Agreement nor any conduct of the Company implies any license to use any of the Materials contained on this Site, whether or not the Company owns such Materials. You further agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy this Site, its Web pages or the content contained therein without prior written permission of the Company.
“Insignia the Voice of Luxury”, is a registered trademark of the Company, subject to U.K. and international trademark laws. The Company’s service marks/trademarks may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among consumers, or in any manner that blurs the distinctiveness or tarnishes the image of other service marks or trademarks. Except as expressly authorised in writing, the use or misuse of any trademarks, service marks, trade names, logos or other intellectual property or content from this Site is strictly prohibited.
The Company does not guarantee or accept responsibility for the deletion, failure to store, mis-delivery or untimely delivery of any information or material of the Site. The Company disclaims any harm resulting from downloading or accessing any information or material from sites linked to this Site.
The Company shall not be responsible for any service outages that are caused by maintenance on the Company’s servers or the technology that underlines this Site, failures of the Company’s service providers, computer viruses, natural disasters or other destruction or damage of the Company’s facilities that may affect the proper functionality of the Site, including but not limited to acts of nature, war, civil disturbance or other cause beyond the reasonable control of the Company.
The Company does not warrant that this Site or any website linked to this Site will be uninterrupted or error-free. The content on this Site is distributed on an “as is”, and “as available” basis, and any material you download or otherwise obtain through this Site is done through your own discretion and risk and you will be solely responsible for any potential damage to your computer system or loss of data that results from your download of such material. Neither the Company nor any of its affiliates, agents, suppliers or vendors makes any warranty that:
(1) this Site will meet any requirements that you may have;
(2) the Site will be interrupted, timely, secure or error-free;
(3) the results that may be obtained from the sue of this Site will be accurate or reliable;
(4) the quality or integrity of any products, services, information, or other material that you purchase or obtain through this Site will meet your expectations;
(5) this Site, its servers and any websites linked to this Site are free of viruses or other harmful components; and
(6) any errors will be corrected. Neither the Company nor any of its partners or affiliates makes any warranties of any kind, either express or implied, including without limitation, warranties of title or non-infringement, or implied warranties of merchantability or fitness for a particular purpose, with respect to the Company’s Site, any content or any of the Company’s services. You expressly agree that you will assume the entire risk as to the quality and performance of the Site and the accuracy and completeness of its content.
In no event shall the Company or any of its affiliates be liable for any damage, including without limitation any direct, indirect, consequential, special, incidental or punitive damages arising out of, based on, or resulting from this user agreement or your use of the Site, even if such affiliated entity has been advised of the possibility of such damages. These limitations and exclusions shall apply without regard to whether the damages arise from:
(1) breach of contract;
(2) breach of warranty;
(3) negligence; or
(4) any other cause of action to the extent that such exclusions and limitations are not prohibited by applicable law. In the event that they are prohibited by law, fail of their essential purpose, or do not otherwise apply, your sole and exclusive remedy for any breach of this agreement shall be the lesser of:
(A) the amount of fees you pay to the Company in the 12 months prior to the action giving rise to liability, and
(B) £100. You agree that any limitations on liability stated in this section is a fair allocation of risk based upon the manner and cost by which the Company’s services are provided to you, and taking into account your ability to take other resources in connection with the type of services provided by this Site.
You hereby agree to indemnify, defend and hold harmless the Company from and against any and all liability, losses, costs and expenses (including legal fees) incurred by any Company Party in connection with any claim of any kind, including, but not limited to, violation of rights of publicity or privacy, claims for defamation, claims arising under any statute, copyright infringement or trademark infringement as a result of your use of this Site or any website linked to this Site; your connection to this Site; the content, quality or performance of content that you submit or transmit to or through this Site; your violation of this User Agreement; or your violation of the rights of any other person or entity.
The Company reserves the right but not the obligation, at the Company’s own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company in defence of these claims.
YOUR CONDUCT ON THIS SITE
The technology and software underlying this Site and the services provided by the Company are the property of the Company. You agree not to copy, modify, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying the Site or the services provided by the Company. You agree not to modify the software underlying this Site in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to this Site.
You agree that you will not use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; publish, post, upload, email, distribute or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content; transmit files that contain viruses, corrupted files, or any other similar software or programmes that may damage or adversely affect the operation of another person’s computer, this Site, any software or hardware, or telecommunications equipment; advertise or offer to sell any goods or services for any commercial purpose unless you have the Company’s written consent to do so; transmit surveys, contests, pyramid schemes, “spam,” unsolicited advertising or promotional materials, or chain letters; download any file that you know or reasonably should know, cannot be legally obtained in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; restrict or inhibit any other user from using and enjoying any public area within this Site; collect or store personal information about other users; interfere with or disrupt the Site, servers or networks; impersonate any person or entity, including, but not limited to, a Company representative or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site, or to manipulate your presence on the Site; take any action that imposes an unreasonably or disproportionately large load on the Site infrastructure; or engage in any illegal activities whatsoever.
Unauthorised access to the Site is a breach of this User Agreement and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by the Company for use in accessing this Site.
Use of the Site is subject to existing laws and legal process. Nothing contained in this User Agreement shall limit the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site.
THIRD PARTY LINKS
The Company may provide links to third party websites or access to third party content. The Company does not control, endorse or guarantee the content found on such sites. You agree that the Company is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that the Company shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.
CHOICE OF LAW AND FORUM
You agree that any and all disputes, claims or controversies arising out of or in relation to this agreement, including any claims under any statute or regulation, shall be submitted first to non-binding mediation. If the disputes are not resolved though mediation, the disputes then shall be submitted for binding arbitration.
Unless agreed otherwise, any mediation, arbitration or court proceedings shall take place at the location of the Company, or one of the Company’s representative offices, in strict accordance to the valid legislation in the country of litigation.
If any part of this agreement is invalid, illegal or cannot be enforced, the remainder of the agreement will remain in force.
This User Agreement shall constitute the entire agreement between you and the Company regarding your use of this Site. You may terminate this User Agreement at any time provided you discontinue use or access of this Site.
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.