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Terms Of Use

VERSION 3.0, LAST MODIFIED: 7 July 2023

BlueX@2x

1. Introduction

1.1 Huble Digital operates each website that links to these Terms of Use to provide online access to information about Huble Digital and the products, services, and opportunities we provide.

1.2 The "website" for the purpose of these Terms of Use include:

 1.2.1 - https://www.hubledigital.com/

 1.2.2 - https://southlondon.hubspotusergroups.com/

 1.2.3 - https://www.hubledigital.com/huble-digital-security-compliance   

 1.2.4 - https://www.hubledigital.com/careers

 1.2.5 - https://www.hubledigital.com/work-with-us

1.3 The website is owned and operated by Huble Digital Limited with registered address at 30 Stamford Street, London, SE1 9LQ and Registration Number: 4371301.

1.4 By accessing and using our website, you agree to these Terms of Use which are read in conjunction with our Privacy Statement and any service level agreement concluded between you and Huble Digital, where applicable.

1.5 Huble Digital reserves the right to modify these Terms of Use at any time without prior notice.

1.6 Your use of the website following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified.

2. Permitted Use of The Website

2.1 You may use the website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the website (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Huble Digital products and services, and solely in compliance with these Terms of Use.

3. Prohibited Use of The Site

3.1 By accessing the website, you agree that you will not:

 3.1.1 Use the website in violation of these Terms of Use;

 Copy, modify, create a derivative work from, reverse engineer or reverse assemble the website, or otherwise attempt to   discover any source code, or allow any third party to do so;

 3.1.2 Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or   make available to a third party, the Content or Service in any way;

 3.1.3 Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses   the website in a manner that sends more request messages to the Huble Digital servers in a given period of time than a   human can reasonably produce in the same period by using a conventional on-line web browser;

 3.1.4 Use the website in any manner that damages, disables, overburdens, or impairs any HubSpot website or interferes   with any other party's use and enjoyment of the website;

 3.1.5 Mirror or frame the website or any part of it on any other website or web page.

 3.1.6 Attempt to gain unauthorised access to the website;

 3.1.7 Access the website by any means other than through the interface that is provided by Huble Digital for use in   accessing the website;

 3.1.8 Use the website for any purpose or in any manner that is unlawful or prohibited by this Agreement.

3.2 Any unauthorised use of any Content or the website may violate patent, copyright, trademark, and other laws.

4. Copyrights and Trademarks

4.1 The website is based upon proprietary HubSpot technology and includes the Content. The website is protected by applicable intellectual property and other laws, including trademark and copyright laws. The website, including all intellectual property rights in the website, belongs to and is the property of Huble Digital or its licensors (if any). Huble Digital owns and retains all copyrights in the content.

4.2 Except as specifically permitted on the website as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the website, in whole or in part, by any means.

4.3 The name Huble Digital, and the Huble Digital logo, or any other marks or slogans, whether registered on unregistered and used by Huble Digital from time to time are proprietary and shall be treated as the exclusive intellectual property. The appearance, layout, colour scheme, and design of the website are protected trade dress. Neither users, prospective or existing customers receive any right or license to use the foregoing. Huble Digital may use and incorporate any suggestions or other feedback provided by users of the website without the obligation or expectation of payment or condition.

5. Information and Materials You Post or Provide

5.1 You represent that you have all right, title, and interest to materials you post on the website or provide to Huble Digital ("User Materials"), including but not limited to any consent, authorisation, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the User Materials, and that posting such User Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognised by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.

5.2 You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorised to submit this information.

5.3 You warrant and represent that any User Materials that you post on the website will not and does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the User Materials you supply do not violate these Terms of Use.

6. Links to Third-Party Web Sites

6.1 Links on the website to third-party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Huble Digital of the third party, the third-party web site, or the information there. Huble Digital is not responsible for the availability of any such web sites. Huble Digital is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of Huble Digital affiliates or service providers, you will leave the website and will be subject to the terms of use and privacy policy applicable to those web sites.

7. Downloading Files

7.1 Huble Digital cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection by software viruses or other harmful computer code, files or programs.

8. Disclaimers; Limitations of Liability

8.1 HUBLE DIGITAL AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HUBLE DIGITAL AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HUBLE DIGITAL IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUBLE DIGITAL AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF HUBLE DIGITAL OR ANY OF HUBLE DIGITAL'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8.3 IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, HUBLE DIGITAL IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF HUBLE DIGITAL AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED POUNDS.

9. Indemnification

9.1 You understand and agree that you are personally responsible for your behaviour on the website. You agree to indemnify, defend and hold harmless Huble Digital, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the website or the Content, or any violation by you or any person acting on your behalf of these Terms of Use.

10. Security and compliance

10.1 Huble Digital is ISO/IEC 27001:2013 accredited across all five business locations. ISO 27001:2013 outlines and provides the requirements for an information security management system (ISMS) and details the security controls that can help manage information risks. All of which enables Huble Digital to keep its clients and its own information assets secure.

 10.2 Huble Digital will provide its ISO/IEC 27001:2013 certificates and reports to:

  10.2.1 Existing and prospective clients;

  10.2.2 existing and prospective suppliers and contractors; and

  10.2.3 business partners who request access via the website here: https://www.hubledigital.com/huble-digital-security-compliance  and only for the purposes of those stakeholders meeting their own compliance obligations and for assessing parameters in relation to security, privacy, availability, confidentiality and integrity.

10.3 The information contained in our ISO reports are confidential and proprietary to Huble Digital and may not be used for any purpose other than those described in clause 10.2 above and may not be distributed, published, downloaded or shared with any third party unless Huble Digital grants the recipient express written consent to do so.

11. Privacy

11.1 These Terms of Use are read in conjunction with our Privacy Notice and the Huble Digital Data Processing Addendum.

12. Additional Terms of Service

12.1 If you are a customer of Huble Digital or an employee, representative or agent of a Huble Digital customer, your use of the Huble Digital Service is subject to these Terms of Use and to any commercial agreement for the provision of services by Huble Digital affiliates. To the extent that the services and products we provide belong to or are licensed to us by a third party, then the terms of service and privacy notices for such third party product will apply. These include details such as pricing, maintenance, technical support and how the provider will use the data that you make available to them. The terms of service for HubSpot products can be found on the HubSpot website at this link.

12.2 The descriptions of third-party products that we publish, and any associated links have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.

12.3 Where the use of such third party products or services involves the processing of personal information as contemplated by the UK and EU General Data Protection Regulation, Huble Digital will conclude the appropriate data processing agreement with these third parties. A list of our third-party sub-processors which process personal information are listed in the Huble Digital Data Processing Addendum

13. General Provisions

13.1 Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Huble Digital of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

13.2 Correction of Errors and Inaccuracies: The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Huble Digital, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Huble Digital does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. 

13.3 Enforcement/ Choice of Law/ Choice of Forum: If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Huble Digital's Privacy Statement or Data Processing Addendum, your use of the website, any other Huble Digital website or the Content are governed by, and will be interpreted in accordance with, the laws of the United Kingdom, without regard to any conflict of laws provision. You agree to the sole and exclusive jurisdiction and venue of the courts in the United Kingdom in the event of any dispute of any kind arising from or relating to these Terms of Use, Huble Digital's Privacy Statement, your use of the website, any other Huble Digital  website or the Content.

14. Claims of Copyright Infringement

14.1 Huble Digital respects the intellectual property rights of others, and we ask our users to do the same. Huble Digital may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights

14.2 If you believe that your work has been copied in a way that constitutes infringement on Huble Digital's website or these Terms of Use, please provide the following information to Huble Digital's Copyright Agent. 

14.3 Contact Huble Digital:

 14.3.1 The HubSpot Copyright Agent for notice of claims of copyright infringement on or relating to this website ("Notifications") can be reached by sending an e-mail to info@hubledigital.com.

14.4 Submission of Notification:

 14.4.1 To be effective, the Notification must include the following:

  14.4.1.1 A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");

  14.4.1.2 identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that website;

  14.4.1.3 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 Huble Digital to locate the material; 

  14.4.1.4 information reasonably sufficient to permit Huble Digital to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 

  14.4.1.5 a statement that the Complaining Party has 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 

  14.4.1.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

14.5 Receipt of Notification:

 14.5.1 Upon receipt of the written Notification containing the information as outlined in 14.4.1.1 through 14.4.1.6, Huble Digital will:

  14.5.1.1 remove or disable access to the material that is alleged to be infringing;

  14.5.1.2 Huble Digital will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

  14.5.1.3 Huble Digital will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

14.6 Counter Notification:

 14.6.1 An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a   Counter Notification must be a written communication provided to Huble Digital's Copyright Agent that includes   substantially the following:

  14.6.1.1 A physical or electronic signature of the Alleged Infringer;

  14.6.1.2 Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  14.6.1.3 A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

  14.6.1.4 The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the    Alleged Infringer's address is outside of the United Kingdom, for any judicial district in which Huble Digital may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.

14.7 Receipt of Counter Notification:

 14.7.1 Upon receipt of a Counter Notification containing the information as outlined in 14.6.1 through 14.6.1.4 above:

  14.7.1.1 Huble Digital will promptly provide the Complaining Party with a copy of the Counter Notification;

  14.7.1.2 Huble Digital will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

  14.7.1.3 Huble Digital will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Huble Digital Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Huble Digital's network or system.