Data Centers Agency – WEBSITE TERMS & CONDITIONS
Introduction
1.1. This website (“www.datacentersagency.com”) is operated by Data Centers Agency registered in England and Wales with Company no. #14108554. Business address: Cremer Business Centre, 37 Cremer Street, E2 8HD, London.
1.2. Your use of the Website is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the Website. If you are not prepared to comply with these terms you must leave the website immediately.
1.3. Additional terms shall apply:
1.3.1. to any purchases you make through the Website;
1.3.2. to any booking you make through the Website; and
1.3.3. where you are given an opportunity to place advertisements for goods or services on the Website.
Copyright
The copyright and all other rights in the material on the Website are owned by Winning 10 Ltd or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of the material on the Website on a single computer for your own private viewing/listening purposes only. Single copies of pages from the Website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material on the Website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of the Website is permitted without our prior written consent except as may be reasonably necessary to use the Website in good faith. Subject to this paragraph, all rights in material on the Website are reserved to Data Centers Agency .
Prohibited use
You agree not to use the Website:
to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website except where expressly permitted on the Website;
to disseminate advertisements on the Website or use the Website for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services)
to place links on the Website where those links take users to unlawful material or material that contravenes these Terms and Conditions;
to transmit or re-circulate any material obtained from the Website to any third party except where expressly permitted on the Website;
in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Terms and Conditions;
to disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
to disseminate any material which compromises the privacy or security of anyone other than yourself;
to disseminate any material which does or may bring Data Centers Agency or any of its brands or subsidiaries into dispute or in any way damage their reputation;
to disseminate any material where use of the material by Data Centers Agency or any third party licensed or permitted by Data Centers Agency , will give rise to any third party claims; or
to post link(s) that take users to material that contravenes any of the above restrictions.
User Generated Content
4.1. The pages of the Website where you can post content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:
4.1.1. grant Data Centers Agency the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to the Website;
4.1.2. warrant to Data Centers Agency that all such content complies with the provisions of Clause 3; and
4.1.3. acknowledge that Data Centers Agency may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from Data Centers Agency .
4.2. Data Centers Agency reserves the right (but not the obligation) at its sole discretion to refuse, review, edit, move or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, Data Centers Agency may review the materials that you or anyone else makes to the Website and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that Data Centers Agency is aware of it. If you object to the publication of any material placed on the Website please contact Data Centers Agency using the contact us link (usually at the bottom of the Website) and we will take whatever action we deem appropriate.
4.3. Data Centers Agency accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Terms and Conditions.
Use of Software
5.1. Copyright in any software that is made available for download from the Website and/or the Data Centers Agency Materials belongs to Data Centers Agency or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.
Links to other websites
6.1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Data Centers Agency has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability. Data Centers Agency therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
6.2 You may link to the Website but strictly only on the basis that you do not replicate the pages of the Website, and subject to the following conditions:
6.2.1. you do not remove, distort or otherwise alter the size or appearance of the Data Center Nation logo
You do not create a frame or any other browser or border environment around the Website;
6.2.2. You do not in any way imply any endorsement by Data Centers Agency other than with its written consent or misrepresent your relationship with Data Centers Agency ;
6.2.3. You do not use any logos or trade marks displayed on the Website without the express written permission of Data Centers Agency ;
6.2.4. You do not link from a website that is not owned by you; and
6.2.5. Your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
Trade Marks
7.1. All Data Centers Agency trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of Winning 10 Ltd and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trade mark and/or domain names without the prior written consent of Data Centers Agency other than for the purpose of referring to Data Centers Agency and its associated brands lawfully and in good faith (only).
Disclaimer
8.1. Whilst Data Centers Agency endeavours to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time, and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
8.2. You acknowledge that whilst Data Centers Agency endeavours to ensure that information on the Website and any related material provided to you by Data Centers Agency , whether by email or otherwise is accurate and complete, it is provided only for general information, is not intended to address your requirements and does not constitute any form of advice or recommendation by Data Centers Agency . You acknowledge that the information on the Website does not necessarily reflect the views and opinions of Data Centers Agency or any of its brands and that the Data Centers Agency d Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.
8.3. You acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by Data Centers Agency . No liability shall be accepted by Data Centers Agency for any inaccuracy or omission in the information provided on the Website or the Data Centers Agency Materials. All implied warranties are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.
8.4. Data Centers Agency will use reasonable endeavours to ensure that the Website and the Data Centers Agency Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. Data Centers Agency excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website or the Data Centers Agency Materials.
8.5. Data Centers Agency will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from the your use of the content.
8.6. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Data Centers Agency has not reviewed these third-party websites and does not control and is not responsible for these websites or their content or availability. Data Centers Agency therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk. Please note that Data Centers Agency gives no warranty that links to third party sites on the Site shall be marked as such.
8.7. The Website may contain links to third party websites where you may purchase items. You acknowledge that when making a purchase from a third-party website you enter a contract with that third party at your own risk and Data Centers Agency will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the Website, but that does not mean that Data Centers Agency are responsible for their conduct or any contracts that you enter into with them.
8.8. The Website may from time to time contain advertising and sponsorship. Data Centers Agency is not responsible for either the content of the material provided by such advertisers and sponsors or their compliance with voluntary or statutory codes or provisions. Data Centers Agency can provide no warranty that it will not take advertisements or sponsorship from your competitors.
Suspension of access to the Website and User Indemnities
9.1. If, for any reason, Data Centers Agency believes that you have not complied with any of these Terms & Conditions it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.
9.2. Without prejudice to the provisions of Clause 10, you agree to compensate Winning 10 Ltd in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or the Data Centers Agency . Materials (or by a third party using your username and password) including (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3.2.
Limitation of Liability
10.1. Data Centers Agency will not be liable to you for any loss or damage caused by Data Centers Agency or its employees or sub-contractors in circumstances where:
10.1.1. There is no breach of a legal duty of care owed to you by Data Centers Agency (or its employees or sub-contractors); or
10.1.2. Such loss or damage is not a reasonably foreseeable result of any such breach; or
10.1.3. In respect of any increase in the loss or damage resulting from your actions.
10.2. Nothing in these Terms & Conditions shall exclude or limit Data Centers Agency ’s liability for:
10.2.1. Death or personal injury caused by the negligence of Data Centers Agency and/or its employees’ negligence; or
10.2.2. Fraudulent misrepresentation by Data Centers Agency and/or its employees.
Variation of these Terms & Conditions of Use
11.1. Data Centers Agency reserves the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions on the Website. By continuing to use the Website you will be deemed to accept such variations. You should therefore check the Website from time to time to review the then current Terms & Conditions. These Terms & Conditions were last updated in June 2022.
General
12.1. These Terms & Conditions shall be governed by, and construed in accordance with, English law and the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms & Conditions unless Data Centers Agency shall elect to bring proceedings in the courts of the country of the user’s residence or of principal place of business.
12.2. These Terms & Conditions, as varied by Data Centers Agency from time to time form the entire understanding between us. Headings in these Terms & Conditions are for convenience only and will have no legal meaning or affect.
12.3. No delay or indulgence by Data Centers Agency in enforcing the provisions of these Terms & Conditions shall affect Data Centers Agency ’s rights under them nor shall any waiver of Winning 10 Ltd ‘s rights operate as a waiver of any subsequent breach.
12.4. No right, power or remedy conferred upon or reserved for Data Centers Agency is exclusive of any other right, power or remedy available to Data Centers Agency provided either under these Terms & Conditions or as a matter of law and each such right, power or remedy shall be cumulative.
12.5. You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms & Conditions.
12.6. If any provision of these Terms & Conditions is found to be invalid the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain valid and enforceable.
12.7. Nothing in these Terms & Conditions shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.
