Terms of Service

Last updated December 29, 2022

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and DramaLlama Limited ("Company," “we," “us," or “our”), concerning your access to and use of the dramallama.ltd website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Northern Ireland. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• 1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• 2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• 3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• 4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• 5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
• 6. Make improper use of our support services or submit false reports of abuse or misconduct.
• 7. Use the Site in a manner inconsistent with any applicable laws or regulations.
• 8. Engage in unauthorized framing of or linking to the Site.
• 9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Site.
• 10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• 11. Delete the copyright or other proprietary rights notice from any Content.
• 12. Attempt to impersonate another user or person or use the username of another user.
• 13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection mechanism, including without limitation, web bugs or similar devices.
• 14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• 15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• 16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion thereof.
• 17. Copy or adapt the Site’s software, including Flash, PHP, HTML, JavaScript, or other code.
• 18. Except as permitted by law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Site.
• 19. Except as may be the result of standard search engine or browser usage, use or distribute automated systems that access the Site.
• 20. Use a buying agent or purchasing agent to make purchases on the Site.
• 21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users for unsolicited email.
• 22. Use the Site as part of any effort to compete with us or for any commercial enterprise.
• 23. Use the Site to advertise or offer to sell goods and services.

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site (“Contributions”). Contributions may be viewable by other users and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy.

When you create any Contributions, you represent and warrant that:

• 1. The creation, distribution, transmission, public display, or performance of your Contributions does not infringe third-party rights.
• 2. You have all necessary rights and permissions to use your Contributions and authorize us to use them.
• 3. You have consent from every identifiable person in your Contributions.
• 4. Your Contributions are not false or misleading.
• 5. Your Contributions are not unsolicited advertising or spam.
• 6. Your Contributions are not obscene or objectionable.
• 7. Your Contributions do not ridicule or abuse anyone.
• 8. Your Contributions are not used to harass or threaten others.
• 9. Your Contributions do not violate any law.
• 10. Your Contributions do not violate privacy or publicity rights.
• 11. Your Contributions do not involve child pornography or harm minors.
• 12. Your Contributions do not include offensive comments based on protected characteristics.
• 13. Your Contributions do not violate any provision of these Terms or any law.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in termination or suspension of your rights to use the Site.

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy. By submitting feedback, you agree we can use and share it for any purpose without compensation. You retain ownership of your Contributions.

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) are non-confidential and become our sole property. We own all rights to your Submissions for any lawful purpose without acknowledgment or compensation to you.

The Site may contain links to other websites (“Third-Party Websites”) and content from third parties (“Third-Party Content”). We are not responsible for the content, accuracy, or policies of any Third-Party Websites or Content. Your use of any Third-Party Websites or Content is at your own risk.

We allow advertisers to display ads on the Site. Advertisers are responsible for their ads and services. We provide the space but have no other relationship with advertisers.

We reserve the right to monitor the Site for violations of these Terms, take legal action, refuse or suspend access, remove burdensome content, and otherwise manage the Site to protect our rights and ensure proper functionality.

Please review our Privacy Policy, which is incorporated into these Terms. The Site is hosted in the UK; if you access it from elsewhere, you consent to data transfer to the UK.

These Terms remain in effect while you use the Site. We may deny or suspend access at any time without notice for any reason, including breach of these Terms.

We may modify or discontinue the Site at any time without notice. We are not liable for any loss or inconvenience caused by downtime or changes.

These Terms are governed by UK law, excluding the UN Convention on Contracts for the International Sale of Goods. If you reside in the EU as a consumer, you also have the protection of your local laws. You submit to the non-exclusive jurisdiction of Northern Ireland courts.

Informal Negotiations

To expedite resolution, parties agree to first attempt informal negotiations for at least three days before arbitration.

Binding Arbitration

Any dispute shall be determined by one arbitrator under the European Court of Arbitration rules. Seat of arbitration: Belfast, UK. Language: English. Applicable law: UK law.

Restrictions

No class-action arbitrations, no representative actions, no joinders.

Exceptions

Disputes concerning IP rights, theft, privacy invasion, or injunctive relief are excluded.

We may correct errors or update information on the Site at any time without notice.

THE SITE IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ARE NOT LIABLE FOR ERRORS, INTERRUPTIONS, VIRUSES, OR THIRD-PARTY CONTENT.

IN NO EVENT WILL WE OR OUR AGENTS BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SITE. OUR MAXIMUM LIABILITY TO YOU WILL BE THE LESSER OF AMOUNTS PAID BY YOU IN THE PRIOR SIX MONTHS OR $50 USD.

You agree to defend, indemnify, and hold us harmless from any third-party claims arising from your use of the Site or breach of these Terms.

We perform backups, but you are solely responsible for all data you transmit. We are not liable for any data loss.

Visiting the Site, sending emails, and completing forms constitute electronic communications. You consent to receive electronic communications and agree that electronic records satisfy any writing requirements.

If unresolved, California residents may contact the Complaint Assistance Unit of the CA Dept. of Consumer Affairs.

These Terms and any posted policies constitute the entire agreement. Failure to enforce any provision is not a waiver. If any provision is unenforceable, the remainder remains in effect.

To resolve a complaint or for more information, please contact us at:

• enquiries [at] dramallama [dot] ltd