Terms and Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with thepoint1888.com (the “Service”) operated by a UK registered company named The Point Brand Extension Company Limited (“us”, “we”, or “our”), whose trading name is The Point 1888. Company no 9147776 located at ROOM 9 BISHOP’S HILL, POPLAR DRIVE, BRENTWOOD, ESSEX, CM13 1BD. The following terms and conditions apply to your use of these Websites, including access to the Content available through the Website. Please read these terms and conditions carefully before accessing the content and/or using the Website.
The Website is provided for the benefit of Users who agree to be bound by these terms. If you are do not agree to be bound by the Conditions, you may not use the Website and we will have the right to restrict or prevent your access to the Website.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you breach, violate, fail to follow or act inconsistently with any part of the agreement, we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation and/or use of the services or any other product(s) or service(s) we provide. We reserve the rights in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate with or without notice, to prevent violations and enforce the agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitation, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses or in any way uses the Service. “We,” “us,” and “our” refer to The Point Brand Extension Company Limited
“Content” means text, information, images, photos, graphics, audio, video, location data, and all other forms of data or communication.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, messages, and information that you publicly display or displayed in your account profile.
“The Point Brand Extension Company Limited Content” means Content that we create and make available in connection with the mobile application.
“Third Party Content” means Content that originates from parties other than The Point Brand Extension Company Limited or its users, which is made available in connection with the Service.
“Service Content” means all the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and The Point Brand Extension Company Limited content.
Modifications to Services
Assumption of Risk
You assume all risks known and unknown, foreseeable and unforeseeable, in any way connected with Your use of the Website. You accept personal responsibility for any liability, injury, loss, death, criminal arrest or prosecution, or damage in any way connected with Your use of the Website. You retain sole responsibility for ensuring your actions are compliant with applicable laws. You waive all claims against The Point Brand Extension Company Limited, its owners, officers, employees, successors, agents, and assigns, arising out of any activities You choose to undertake. You fully comprehend and accept all of the risks associated with Your use of the Website.
We grant you permission to use the Service subject to the restrictions on these terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
The Services and all rights therein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks or services marks. All content appearing on the The Point Brand Extension Company Limited Platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics, and logos are trademarks, service marks, or trade dress (together, “Marks”) of The Point Brand Extension Company Limited Our Marks may not be used for any purpose except pursuant to our Trademark Usage Policy. All other Marks are the property of their respective owners and may not be used without their prior written consent.
Grant Of A Licence
The Site is for your personal, non-commercial use only. You shall not sell or commercially exploit in any manner the Site, access to the Site or any of the content that is featured or displayed on the Site (“Content”). You shall not modify, distribute, transmit, display, perform, reproduce, publish, create derivative works from or transfer any of the Content without our express written permission. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.
We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason, including in the event that you violate these Terms, we are unable to verify or authenticate any information you provide to us or we believe that your actions may cause losses to, or legal liability for, you, other users of the Site or us.
You shall not use any robot, spider, scraper or other automated means to access the Site or any website provided as part of the Site for any purpose without our express written permission. You shall not (a) take any action that imposes, or may impose, in our sole discretion an unreasonable or disproportionately large load on our infrastructure, (b) interfere or attempt to interfere with the proper working of any of the Site or (c) bypass any measures we may use to prevent or restrict access to the Site.
Content Appearing on the Service
Content means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service including but not limited to the evaluations, presentations, rankings, reviews, other information, advertisements, interactive discussions, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from the Service, whether such Content is owned by The Point Brand Extension Company Limited or third parties.
Registered Users of the Site may post reviews and comments of a product or service purchased via the Site, so long as the Content is not illegal, obscene, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain commercial solicitation, mass mailings, or any form of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise mislead as to the origin of the remarks. The Point Brand Extension Company Limited reserves the right (but is not obligated) to remove or edit such Content but does not regularly review posted Content.
Any comment, material, information or other communication that you post, upload or submit to the Site or that is displayed on the Site at your direction (each a “Communication”) will be considered non-confidential and non-proprietary, and we will be under no obligation to maintain the confidentiality of any Communication.
You are responsible for your Communications. You shall ensure that your Communications do not infringe any copyright or trademark, do not defame or constitute trade libel with respect to any person, entity, product or service, or violate any other rights of any other of another person or entity. You shall be solely liable for any claims, damages or other liabilities resulting from your use of the Site or your uploading, posting, or submission of any Communication or the content of any of your Communications.
Any opinions, advice, statements or other information contained in Communications are those of the author and not of us. We do not endorse or guarantee the accuracy, completeness or usefulness of any Communication. Please do your best to ensure that your own Communications are accurate.
By posting, uploading or otherwise submitting any Communication, you grant to us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, archive, aggregate, distribute, transmit, perform and display such Communication and your name, likeness, voice, statements and endorsements as incorporated therein, in whole or in part, in any manner and in any media, format or technology, whether now or later known or developed, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unlimited right to sublicense such rights, in perpetuity throughout the universe, without any further notice or payment to or permission from you.
We may, but are not obligated to, monitor or review Communications. We are not in any manner responsible for the content of Communications. By providing you with the ability to view and distribute user-generated and/or user-submitted content on the Site, we are not undertaking any obligation or liability relating to any such content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. However, we reserve the right to block or remove any Communication, including without limitation any Communication that in our sole discretion we determine violates the Code of Conduct.
Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for the content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
The Point Brand Extension Company Limited may offer certain Users the ability to purchase Premium Features through the Service which may be subject to fees charged by The Point Brand Extension Company Limited (“Fees”) which will be identified at the point of purchase of such Services. Additional functionality and services may be offered or provided by us from time to time and these will be described on the Website. Services requiring Fees which have not been previously agreed upon will be notified to you, and your agreement to be responsible for any such additional Fees will be required. You agree to pay all amounts due upon demand directly to The Point Brand Extension Company Limited, and The Point Brand Extension Company Limited further reserves the right to either suspend or deny your access to the Services in such circumstances.
The Point Brand Extension Company Limited may offer certain Users the ability to purchase Premium Features through the Service. The categories and prices of our Premium Features are described below and are subject to change from time to time.
Subscription Services: The Premium Features may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize The Point Brand Extension Company Limited to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your Payment Method at the time you purchase one of our Premium Features, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. You acknowledge and agree that any credit card and related billing and payment information that you provide during your purchase of Premium Content may be shared with The Point Brand Extension Company Limited payment processor(s) for the sole purpose of processing the transaction.
Availability of Premium Content: We make reasonable efforts to accurately display the attributes of our Premium Content, including the various resources; however, the actual performance of the resources will depend on your computer system, and we cannot guarantee that your computer will accurately display such content. The inclusion of any particular Premium Content or service on our Service at a particular time does not imply or warrant that these content or services will be available at any time.
You may cancel your Subscription at any time. To cancel, you can either (i) email us at (EMAIL) and follow instructions, if any, we provide to you in response to your cancellation request, or (ii) initiate a cancellation through your account settings within the Services. You will be responsible for all Subscription fees incurred for the then-current Subscription period. If you cancel, your cancellation will be effective immediately, but The Point Brand Extension Company Limited will allow you to access the Subscription features until the most recently paid-up Subscription period ends, and then we will terminate your access. Canceling your Subscription won’t cancel your Account. See the Termination and Account Cancellation section below for information on canceling your Account.
Please be aware that any fee or subscription plan is exclusive of all taxes. If we believe, in our sole discretion, that any Member of The Point Brand Extension Company Limited paid services are in breach of our Terms, or act outside of the letter or spirit of our Terms, we reserve the right to add limitations to your access to our service, up to and including terminating all access to thepoint1888.com In this case, the Member in question is not eligible for any refunds on any portion of their subscription payment.
Fraudulent Actions of Users
The Point Brand Extension Company Limited is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid (“Fraudulent Actions”). By using the Services, you hereby release The Point Brand Extension Company Limited from any liability arising from Fraudulent Actions. You will also use the best efforts to promptly notify us of any Fraudulent Actions which may affect the Services. The Point Brand Extension Company Limited reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
The Services and all rights therein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, Program Materials, Products, and/or Services names, trademarks or services marks. All content appearing on the The Point Brand Extension Company Limited Platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics, and logos are trademarks, service marks, or trade dress (together, “Marks”) of The Point Brand Extension Company Limited Our Marks may not be used for any purpose except pursuant to our Trademark Usage. All other Marks are the property of their respective owners and may not be used without their prior written consent.
When using any portion of and/or functionality on or through the Site or Services, you agree to abide by the following Code of Conduct.
You may not:
Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
Modify the Site or Services in any manner or form, or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
Reproduce, print, cache, store or distribute content retrieved from the Site or Services in any way, for any commercial use without the prior written permission of The Point Brand Extension Company Limited;
Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
Access the Site or Services by any means other than through the interface that is provided by The Point Brand Extension Company Limited;
Violate the restrictions in any robot exclusion headers on the Site or in the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site or Services;
Collect or store personal data about other users of the Site or Services;
Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally.
You may not send automated queries of any sort to the Site, including:
using any software which sends queries to determine how a website or webpage “ranks” for various queries;
performing “offline” searches on the Site.
By taking part in our Services, you agree to photos, recordings, or potentially sound accounts that might be made that may contain you, your voice as well as your similarity. In our sole circumspection, we claim all authority to utilize these photos, recordings, as well as/sound chronicles and additionally Products, and/or Services in our present or future Products or Services, or potentially our showcasing or limited time endeavors, without payment to you whenever, presently or whenever later on.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that The Point Brand Extension Company Limited shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. ALL OF YOUR BUSINESS DEALINGS WITH VENDORS AND ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES SHALL BE AT YOUR SOLE RISK.
Third Party Links
The service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Disclaimer of Warranty; Limitation of Liability
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, The Point Brand Extension Company Limited AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. The Point Brand Extension Company Limited will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that The Point Brand Extension Company Limited has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service.
We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from The Point Brand Extension Company Limited or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Point Brand Extension Company Limited AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT The Point Brand Extension Company Limited HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Without limiting the foregoing:
YOU EXPRESSLY AGREE THAT YOUR USE OF The Point Brand Extension Company Limited IS AT YOUR OWN SOLE RISK. THE CONTENT IS NOT PROMISED OR GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE. thepoint1888.com IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NEITHER The Point Brand Extension Company Limited, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT thepoint1888.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF thepoint1888.com, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED ON OR THROUGH thepoint1888.com. FURTHERMORE, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE CONTENT.
IN NO EVENT WILL The Point Brand Extension Company Limited, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING thepoint1888.com, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR ARISING OUT OF THE USE OF OR INABILITY TO USE thepoint1888.com. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON thepoint1888.com.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THIS DISCLAIMER FURTHER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UN-AUTHENTICITY OF, THE CONTENT OR ANY OF THE PRODUCTS OR SERVICES REFERRED TO IN THE CONTENT. The Point Brand Extension Company Limited SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR LOSSES RELATING TO ANY PRODUCTS OR SERVICES REFERRED TO AT ANY TIME IN THE CONTENT, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. USER SPECIFICALLY ACKNOWLEDGES THAT The Point Brand Extension Company Limited IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.
Your computer equipment and internet connection may affect the performance and/or operation of the Website. The Point Brand Extension Company Limited does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider (including, for example, if you are unable to view or receive certain information).
You accept to discharge and hold our employees, directors, agents, affiliates/partners, officers, shareholders, representatives, subsidiaries, agencies connected with advertising and promotion fulfilment, us, all third-party providers of information/data sources harmless of all and any damages, rights, losses, claims and actions which may arise from or in any way relate to the text materials, which may include but not be limited to: (a) unsuccessful, imperfect, distorted or late transmission of computer; (b) electronic, software, hardware, Internet, network, phone, email, computer failures, difficulties or breakdowns of any kind; (c) any kind of damages, losses, injuries arising from or connected to the use of our Services; (d) any kind of condition or disorder triggered by any events that are out of our control, which may have caused the late delivery of products; or (e) any kind errors connected with typography or print of any of the materials in connection to our Service.
Availability, Errors, and Inaccuracies
We are constantly updating our services on our website “service”). The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. The Point Brand Extension Company Limited does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
The Point Brand Extension Company Limited respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
ROOM 9 BISHOP’S HILL, POPLAR DRIVE, BRENTWOOD, ESSEX, CM13 1BD
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, The Point Brand Extension Company Limited will also terminate a user’s account if the user is determined to be a repeat infringer.
Any controversy or claim arising out of or relating to these Terms or use of the Service, with the exception of injunctive relief sought by The Point Brand Extension Company Limited for any violation of The Point Brand Extension Company Limited proprietary rights, shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the thepoint1888.com Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties.
If any of the provisions, or portions thereof, of this Agreement, are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by The Point Brand Extension Company Limited.
Except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved exclusively in the state or federal courts located in (state). You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorneys’ fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Site must be commenced within one (1) year after the claim or cause of action arises.
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties hereunder to any party at any time.
We make no representation that the contents of the Site are appropriate or available for use in locations outside of thepoint1888.com. Access to the Site from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the UK do so on their own initiative and risk and are responsible for compliance with applicable local laws.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of (state) and the laws of UK, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will try to provide at least 15 days notice prior to any new terms taking effect. We will also indicate at the bottom of this page the date that the revisions were last made. What constitutes a material change will be determined at our sole discretion. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modifications will be effective upon our posting of new terms.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
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