Website Terms of Use

Owned by Alex Zhebryakov
Nov 27, 2023
8 min read

Last revision date – November 27, 2023.

 

The terms of this agreement (“Terms”) govern the relationship between you as a visitor of our Website (“Visitor” or “you”) and Broken Build LLP (“Company”, “Broken Build”, “we”, “us”), registered under the law of the United Kingdom (OC445385) with a registered address at 61 Bridge Street, Kington, Herefordshire, HR53DJ, United Kingdom. 

These Terms govern your usage as the Visitor of our Broken Build Website and all related pages (“Website”). By using our Website you agree to be bound by these Terms. 

Use of the Website is also governed by Broken Build Privacy Policy and Cookies Policy (collectively – “Policies”). We designed the Policies to let you know how we collect and use your personal data. We encourage you to read the Policies carefully. 

To the extent the Terms сonflict with any other Broken Build terms, policy, rules or codes of conduct, the terms contained in these Terms shall prevail.

1. General provisions

1.1 Scope of our services

Our Website is the online platform which is designed for getting acquainted with the activities of the Company, showing our projects and experience. 

In particular, we provide you with access to our content, such as:

  • information about our Company and team, as well as the list of the active vacancies;

  • information about our products;

  • links to our social media; 

  • newsletter subscription;

  • our contact information. 

Broken Build reserves the right to update the Website in any way at its sole discretion. These Terms will also apply to any updates, enhancements, and new features on the Website not expressly mentioned hereunder and implemented after these Terms become effective.

1.2 Accessing the Website

The Website is intended for persons above the age of legal majority. If you are under the age of 18 (or under other age of majority under the law of your country), you may use the Website only with the consent of your legal guardian (parents or principal). You represent and warrant that your legal guardian has read, understood and agreed to these Terms.

1.3 Suspension and termination of the services

Broken Build may limit, suspend, terminate, modify access to the Website or portions thereof, deny answering to your requests etc. if you are, or Broken Build suspects that you are:

  • failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Website, with or without notice to you;

  • breach any warranty you give us by accepting the Terms;

  • send us in your requests or via any forms available on the Website any excessively profane, hate-related or violent, obscene, harmful, threatening, malicious or other illegal content; 

  • creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms or Policies. 

Upon termination of these Terms all licenses and rights to use the Website shall immediately terminate.

Broken Build reserves the right to stop offering and/or supporting the Website or part of the Website at any time either permanently or temporarily, at which point your license to use the Website or a part thereof will be automatically terminated or suspended. In such an event, Broken Build shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Website.

1.4 Third-Party Links 

You may have an opportunity to leave the Website via the links to third-party websites and services. For instance, we may provide you with links to our profiles in social media. Besides, if you want to learn more about our applications and potentially purchase our products, you can access the Atlassian Marketplace Platform through our Website. From there, you can explore your options and decide which payment option is right for you.

Such third-party links are not under the control of Broken Build, and Broken Build is not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply the endorsement by Broken Build of such third-party websites. 

You use all third-party links at your own risk. You should apply a suitable level of caution when doing so. When you click on any of the third-party links, the applicable third party’s terms and privacy policies apply. We recommend you read any such terms and policies carefully before using the respective third-party services.

2. Disclaimers, Limitations, and Indemnification

No provisions of these Terms will prejudice the statutory rights that you may have as a consumer of the services. The laws of some countries and jurisdictions do not allow us to exclude some kinds of warranties or limit our liability as stated in this section. So, the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions.

2.1 Disclaimers and Limitations of Liability

Disclaimer as to the warranties on the Website operation

You expressly agree that use of the Website is at your sole risk and is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law. Broken Build shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Broken Build. 

To the maximum extent permitted by law, Broken Build does not make any representation, warranty or guarantee that: 

  1. the use of the Website will be secure, timely, uninterrupted or error-free; 

  2. the Website will operate in combination with any other hardware, software, system, or data; 

  3. the Website will meet your requirements or expectations; 

  4. any stored data will be accurate or reliable or that any stored data will not be lost or corrupted; 

  5. errors or defects will be corrected.

 

Disclaimer as to the warranties regarding the damages that may be caused to you

Broken Build parties shall not be liable for any indirect damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use the Website. 

You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to all damages or injury caused by or related to use of, or inability to use, the Website under any cause, including, without limitation, actions for breach of warranty, breach of contract or tort. 

 

Force Majeure

Broken Build shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Broken Build, including due to unforeseen circumstances. Such circumstances include, in particular, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

2.2 Indemnification

You agree to indemnify, save, and hold Broken Build and Broken Build parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, any violation by you of these Terms, or any breach of the obligations, representations and warranties that you made. 

Broken Build reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Broken Build, and you agree to cooperate with Broken Build defence of these claims. Broken Build will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

3. Intellectual Property

3.1 Intellectual Property Rights of the Company

The visual interfaces, graphics, design, compilation, information, data, computer code, any software, articles, information, pictures, designs, logos, trademarks, and any other materials available on the Website constitute the intellectual property of Broken Build and its partners. All the materials mentioned are also referred to as the “Company materials”. Broken Build and its partners retain all the rights, title, and interest in and to the Company materials.

Broken Build has the right to remove from the Website at any time any Company materials published thereon, as well as to publish any new Company materials.

3.2 License to the Visitor

Broken Build grants you a non-exclusive, non-transferable, revocable, worldwide, limited license to access and use the Website solely for your own non-commercial purposes. You agree not to use the Website for any other purpose. Access to the Company materials posted within the Website is provided by Broken Build without the right to public demonstration or notification, reproduction, any processing or adaptation, distribution or disclosure, sale, and without the right to any other use unless provided for in the Terms. You shall not use our intellectual property for any purposes or in any manner other than allowed in these Terms. In particular, you are prohibited from selling or exploiting our intellectual property for your own commercial purposes unless we provide you with explicit consent.

Broken Build reserves and does not transfer to you any rights, including all intellectual property rights or other proprietary rights in connection with the Website and the Company materials. If we share certain materials with you, which are available for downloading (after your application for receipt) via the Website, we also do not transfer to you any rights in connection with such materials. 

3.3 License Limitations

Any usage of the Website in violation of these Terms, as well as attempts to use, encourage or assist any other person to use the Website in such a way, is strictly prohibited and can result in the immediate restriction of your access to the Website. By using the Website, you agree and warrant not to:

  • Without Broken Build express written consent, use the Website or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) exploiting the Company materials in any way, including, by (sub)licensing, (re)selling, transferring, assigning, distributing the Website to any third party in any way;

  • Transmit unauthorised communications through the Website, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.

  • Copy, modify or distribute rights or Company materials or use any method to copy or distribute the Company materials except as specifically allowed in these Terms.

  • Attempt to “frame” or “mirror” the Website or any Company materials without prior written permission of Broken Build.

  • Use the Website, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.

4. Miscellaneous

4.1 Assignment

Broken Build may assign or delegate its rights and obligations under these Terms, in whole or in part, to any person or entity at any time without your consent. 

4.2 Updates 

Broken Build reserves the right to change, modify, add or remove portions of the Terms at any time by posting the amended Terms on or within the Website. You will be considered as having accepted such changes if you continue to use the Website after the amendments are made. If at any point you do not agree to be bound by the current version of the Terms, please do not use the Website.

4.3 Applicable Law and Dispute Resolution

The Terms and other relationships between you and the Broken Build shall be governed by the laws of England and Wales (excluding any choice-of-law rules). 

All disputes and disagreements that might arise from these Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorised persons of the Broken Build shall be the effective and binding method of communication.

If the dispute cannot be resolved through negotiation within 30 calendar days, it shall be referred to and finally resolved by the appropriate court under the laws of England and Wales.

4.4 Contact Information

If you have any questions concerning the Broken Build or the Terms, please contact us by email at support@brokenbuild.net.