Website Use Agreement
Welcome to our website. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The terms “us”, “we”, and “our” refer to Data Sharing Hub Limited, the owner of the website. The term “you” refers to the user or viewer of our website.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Website Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content or services provided by or through the Site, and the subject matter of this Agreement. However, if you have entered into our Confidentiality Addendum found at https://dsh.global/confidentiality-addendum and our Data Processing Addendum found at https://dsh.global/data-processing-addendum (the “Collaborating Company Addenda”), this Agreement does not supersede, limit, or amend the Collaborating Company Addenda. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site may be the copyrighted work of third parties.
3. Service Marks, Trademarks, Etc.
Service marks, trademarks, and other copyrighted materials that appear in the Site are owned by their respective owners. “Data Sharing Hub”, and “DSH” are among our registered service marks.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement. If you are not a Collaborating Company under the Collaborating Company Addenda, you: (a) may only use the Site for your internal, personal, non-commercial purposes; (b) may only print or copy information from the Site if (i) that information is discrete and you use it solely for your internal, personal, non-commercial purposes, and (ii) you maintain all copyright and other policies contained therein; and (c) may not use any part of the Site or its contents for any litigation or arbitration matter whatsoever under any circumstances. If you are a Collaborating Company under the Collaborating Company Addenda, you may use the Site and may print or copy information from the Site, for the purposes described in or contemplated by the Collaborating Company Addenda.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) except for the express limited purposes permitted for you by Section 4 above, copy, print, republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), or any component thereof; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (g) remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (i) unsolicited commercial email; (ii) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; or (iii) unsolicited telephone calls or facsimile or email transmissions; (j) use the Site in a manner that violates any applicable state, federal, domestic and/or international laws, statutes, ordinances, and regulations regulating email, facsimile transmissions, or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
6. Dedicated Pages.
If you are a Collaborating Company under the Collaborating Company Addenda, we may create one or more pages in the Site that are dedicated to you (“Dedicated Pages”). Your Dedicated Pages will be viewable by others who visit the Site. Your Collaborating Company Addenda will be posted to your Dedicated Pages and may be posted elsewhere on the Site. When your Collaborating Company Addenda require that you post and update information on the Site, you, or us on your behalf, will post and update that information on your Dedicated Pages. The Site will require that you create sign-in credentials to use for that purpose (“Dedicated Page Credentials”). You will be able to change your Dedicated Page Credentials at any time through the Site. You will take reasonable steps to ensure that your Dedicated Page Credentials are used only by persons authorized by you to post or update Collaborating Company Addenda information on your Dedicated Page Credentials. You will be responsible for all information that is posted on your Dedicated Pages using your Dedicated Page Credentials. You will promptly change your Dedicated Page Credentials if (a) you learn that they have been provided to or accessed by an unauthorized person, or (b) someone you’ve authorized to use them discontinues his, her, or its employment or other relationship with you. Because your Designated Pages will be part of the Site, they will be subject to all of the other terms of this Agreement.
7. Your Marks.
Your tradenames, trademarks, service marks, logos, commercial symbols, slogans, tag lines, and other identifiers (“Your Marks”) may be posted on your Dedicated Pages and elsewhere on the Site. You hereby grant us a fully paid, royalty free, non-exclusive, and revocable license to use any of Your Marks that you post on your Dedicated Pages or provide to us for posting on the Site for the limited purpose of identifying you on the Site. You may revoke this license at any time by written notice to us. If you revoke this license, you will allow us a reasonable amount of time to remove Your Marks from the Site. You represent and warrant to us that none of Your Marks that you post on your Dedicated Pages, or provide us for posting on the Site violate or infringe any intellectual property or other rights belonging to anyone.
8. No Legal Advice.
We are not a law firm. Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, or counselling under any circumstance. We do not warrant or guarantee the accurateness, completeness, adequacy, or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
9. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
10. Registration.
The Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your use only and not on behalf of anyone else. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
11. Errors, Corrections, and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
14. Indemnification.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NEITHER WE NOR OUR AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NEITHER WE OR OUR AFFILIATES ARE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE SERVICES, DOCUMENTS, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN AN ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability.
We shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services obtainable through the Site, (b) the unavailability or interruption of the Site or any features of the Site, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS, AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED 100 GBP AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.
18. Use of Information.
We reserve the right, and you authorize us, to use information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
19. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy at https://dsh.global/privacy-policy/.
20. Links to Other Web Sites.
The Site may contain links to other web sites. We are not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third party sites, you do so at your own risk.
21. Copyrights and Copyright Agent.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to privacy@dsh.global.
21. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content and Materials provided therein.
22. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Minneapolis, Minnesota, USA, and shall be governed by and construed in accordance with the laws of the State of Minnesota (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 14 and Section 15. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale, or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.