TERMS & CONDITIONS

Introduction

Nublando Limited ("Nublando Limited", "we", "our" or "us") provides a personalised subscription service (the "Service") that offers content (jointly or severally, the "Content") on this website (the "Site") as provided in these Terms and Conditions of Use (the "Terms").

This service agreement ("Agreement") is entered into by and between Nublando Limited and you and is effective as of the date of your use of the Site or the date of electronic acceptance. This Agreement sets forth the general terms and conditions (the "Terms") of your use of the Site and/or our Services as purchased or accessed through the Site. By using this Site or signing up for any part of our Service you agree to be bound by these Terms. If you do not agree with or do not comply with the Terms, you should not enter the Site or register for the Service.

We may, at our discretion, and at any time, make changes to the Terms. If we make material changes to the Terms we will provide you with notification as appropriate e.g. by banner pop-up on this Site. Any changes shall be deemed to be in effect immediately on their publication and your continued utilisation of the Service after modification will constitute your acceptance of the changes.

If you disagree with any changes to the Terms and do not wish to continue using the Service after changes have been made, you may terminate this Agreement by contacting our Customer Support team.

How to Sign Up

Content is available for use on the Site through the creation of a user profile under one account ("Your Account"). Only the Account holder, and those with expressed permission from the Account holder, may create a profile.

We will require the following information from you to create an Account and provide you with the Service ("Account Details"):

• Full name;
• Payment Card details;
• Residential address; and
• Mobile phone number.

"Payment Card" means a current, valid charge or credit card. By providing a Payment Card you authorise us to charge you a monthly fee and any applicable taxes corresponding to the payment plan selected below.

Information provided during sign-up can be amended at any time during the sign-up process by returning to earlier steps and amending the information previously entered.

Our practices surrounding the collection and use of information you provide us is governed by our Privacy Policy which is incorporated into these Terms by this reference. By agreeing to these Terms, you acknowledge and agree that your presence on the Site and use of the Service are governed by our Privacy Policy.

Your use of the Service is contingent upon your access to the Internet via a computer, mobile device, streaming media player, or other device. You are also required to download and install our specific software applications; and provide us with one or more Payment Cards.

Membership Plan

Monthly Premium Membership

At our discretion, we may offer a variety of Monthly Premium Memberships, including promotions.

Some Monthly Premium Memberships may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.

The requisite Monthly Premium Cost and any other charges you may incur in connection with your use of the Service will be charged to you on a monthly basis Card on the calendar day corresponding with the commencement of your Monthly Premium Membership.

We reserve the right to change the terms of your Monthly Premium Membership, including price, from time to time. Any changes relative to pricing will become effective at the beginning of your next billing cycle following the date of the change.

You may be able to modify your Monthly Premium Membership e.g. through an upgrade or downgrade. To change your Monthly Premium Membership, call our Customer Support team on our 24-hour accessible line +1-254-374-1194+1-844-757-2802. You will also have to authorise any applicable changes in pricing to be charged to your Payment Card.

You can also cancel your Monthly Premium Membership at any time. See further details below.

Please note that should you cancel your Membership you may be able to enter the Members Area and view available Content. You will not be entitled to benefit from the use of our Content or any of the other features available on the Site. Should you wish to access Content you will be required to upgrade your Membership to a Monthly Membership Plan.

Promotional Offers

We may, at our discretion, provide promotional offers, including but not limited to a free trial period, which may be subject to terms and conditions different from these Terms. Any additional and/or differential terms will be disclosed to you at the time of sign-up. You are solely responsible for reviewing any additional terms governing the promotional offer.

Promotional costs will only be applicable during the specified promotional period. At the end of the promotional period, your Monthly Premium Plan will automatically renew and the Monthly Premium Cost will become payable at the end of the next Billing Period.

Billing and Payment

Billing Periods

We automatically charge your Payment Card on the calendar day corresponding to commencement of your subscription. The interval of time between each payment due date will correspond to the term of your Monthly Premium Plan (the "Billing Period"). In the event your Monthly Premium Membership began on a day not contained in a subsequent month following your registration, we charge your Payment Card on the last day of the subsequent month (e.g. if your Monthly Premium Membership commenced on January 31, your Payment Card would next be billed on February 28).

Costs Relating to your Payment Card

If, for any reason, we are unable to charge the Monthly Premium Cost to your Payment Card, you will have nine (9) calendar days (or other period as advised by your financial institution) from the date the charge was declined to make the details related to your Payment Card valid. If we are unable to charge your Payment Card after the expiration of this period, your Monthly Premium Membership and/or any other applicable part of the Service will be suspended until we have successfully charged a valid Payment Card.

Imminent Additional Costs

You agree that, on registration for a Membership, you authorise us to place a pre-authorisation hold (between USD $1.00 to 2.00) on your Payment Card to validate your billing address and other Payment Card information. This temporary hold will be released in typically three (3) to seven (7) business days.

Changing Your Payment Card

If you elect to use a different Payment Card from the one you selected during registration, or if there is a change in your Payment Card’s validity or expiration date, you may edit the details in the "My Account" section of the Site. You are solely responsible for keeping your Payment Card details up to date and, through acceptance of these Terms, you authorise us to continue billing you and acknowledge and accept that you will remain responsible for any accumulated unpaid fees.

If your Payment Card expires and you do not edit your Payment Card information or cancel your account, you authorise us to continue billing you, and you will remain responsible for any accumulated unpaid fees relating to our Service.

Refund Policy

To avoid any unwanted charges, please be sure to read the complete details of the intended Membership during signup.

To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial-month membership periods or for unused Content. You may, however, be entitled to a refund of the Monthly Premium Cost where this sum has been applied to your account in breach of the Terms and Conditions.

Refund claims must be made by contacting our Customer Support Team within sixty (60) days of the date of the contested charge.

Your Obligations

User Guidelines

You agree not to use the Site or Services in any way that:

1. violates the rights of others, including any intellectual property (copyright, trademarks, design or other intellectual property rights) or other proprietary / ownership rights;
2. involves accessing the Service or the Content for a business or commercial purpose;
3. uses technology or other mean to access, index, frame or link to the Services (including any Content) which is not authorised by us (e.g. by removing, disabling, by-passing or circumventing any content protection or access control mechanisms intended to prevent the unauthorised download, streaming, linking, framing, reproduction, access to or distribution of the Services);
4. involves accessing the Services, including any Content, by any automated means, including "bots", "spiders", or any "offline reader" which is not permitted by us;
5. introduces any virus or other computer code, files, or programmes that interrupt, destroy or limit the functionality of any computer software, hardware or other telecommunications devices;
6. damages, alters, disables, overburdens, impairs or gains unauthorised access to the Services, including our computer servers, networks or accounts and the Content;
7. removes, modifies, disables, blocks, obscures or impairs in any way any advertising in connection with the Services, including any advertising of the Content;
8. uses the Services to advertise or promote any third-party services which are not expressly approved by us in writing;
9. collects any information in violation of Nublando Limited’s privacy policy;
10. engages in or encourages any third party to participate in conduct which constitutes a criminal offense or would give rise to civil liability;
11. violates any of the Terms and Conditions in any manner;
12. interferes with any third party’s use and/or enjoyment of the Service; and/or
13. attempts to do any of the foregoing.

Managing Your Account Details

All Account Details you submit must be accurate and updated, where appropriate via the "My Account" area login. You are required to keep your private information including your password confidential. You will not be required to disclose your password to any of our representatives. You should notify us by email at [email protected] if your password is lost or stolen, or you suspect any unauthorised use of your account.

Intellectual Property Infringement

Respecting intellectual property rights is important to us. If you deem that we have infringed your intellectual property rights e.g. copyright, you must alert us, in writing, and provide us with the following details:

1. A digital or actual physical signature of the individual sanctioned implement with respect to the owner of the trademark interest;
2. An outline of the protected work which you believe has also been infringed upon;
3. An account of where the information that you assert is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement from you that you have a good-faith belief that the disputed use is not sanctioned by the copyright proprietor, its agent, or the law;
6. A statement by none other than, made under penalty of perjury, that the above important information in your notice is detailed and also that you are the trademark owner or allowed to operate on the trademark owner's behalf.

This information should be sent to [email protected]. The supply of the aforementioned information in no way constitutes an admission on our part as to any alleged infringement and shall be used for investigative purposes only.

Hyperlinks

This Site may include referral links or references to third party online resources. These hyperlinks are supplied for your leisure only. No endorsement of alternative goods, features or data is acknowledged or inferred by any data, source material or content of third parties that is included in, referenced, provided on, or linked from or to the Site. Your utilisation of third-party websites is dependent upon the terms and conditions of use and the confidentiality policies of such websites.

Service Limitations

Our Service is provided "as is" and "as available".

We make no guarantee as to the availability of a specific item of Content or the minimum amount of Content available in any Monthly Premium Plan. Additional terms applicable to a given Membership will be indicated upon sign-up. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. We assume no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorised access to, user communications. We are not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.

Restriction of Legal Responsibility

Under no circumstance shall we, our affiliates, and/or any of their respective directors, officeholders, employees, brokers or other representatives be liable for any direct, indirect, incidental, or aggravated losses (including loss of data, revenue or profit, loss of or damage to your property, as well as unaffiliated claims) or any additional losses of any kind, arising out of or in connection with: the Site; any Materials or information appearing on the Site; any software, tools, tips, goods, or offerings available through, found in or publicised on the Site; any link provided on the Site.

Indemnification

To the fullest extent applicable under law, you agree to indemnify and hold harmless Nublando Limited, our directors, shareholders and officers from damages, losses and reasonable legal fees and costs related to: (a) your violation of these Terms; and; (b) your utilisation of the Site or our Service; (c) any user Consent; or (d) any violation of any law or the rights of a third party.

Dispute Resolution

All assertions, problems, or controversies (regardless whether in contract or regulation, or otherwise, and regardless whether current, past, or future) arising out of or with reference to: (a) the Terms; (b) the Site; (c) the Service; (d) any advertising campaign relating to the Terms or the Site (collectively "Claims").

Where permitted by applicable law you and Nublando Limited agree that each party may bring claims against each other in an individual capacity. You agree not to commence or participate in any class or representative action against us.

Governing Law

All of the Terms and Conditions must be managed by, interpreted and enforced with regards to the regulations of the country of United Kingdom, without reference to conflict of laws.

Contact Us

[email protected]

Services Country Limitations

Nublando Limited services are restricted in the following countries: Afghanistan,Anguilla,Albania,Angola,Bosnia and Herzegovina,Barbados,Burkina Faso,Burundi,Benin,Botswana,The Democratic Republic of the Congo,Central African Republic,Congo,Cote d'Ivoire,Cameroon,Cuba,Djibouti,Algeria,Egypt,Western Sahara,Eritrea,Ethiopia,Gabon,Ghana,Gambia,Guinea,Guinea-Bissau,Indonesia,Iraq,Islamic Republic of Iran,Kenya,Liberia,Lesotho,Libyan Arab Jamahiriya,Madagascar,Macedonia,Mali,Mauritania,Malaysia,Mozambique,Namibia,Niger,Nigeria,Pakistan,Reunion,Romania,Rwanda,Sudan,Sierra Leone,Senegal,Somalia,Swaziland,Chad,Togo,Tunisia,United Republic of Tanzania,Uganda,Zambia,Zimbabwe

Our Websites may contain hyperlinks to third party websites which are not owned or operated by Us. We urge you to review those policies as We are not responsible for any information collected about you from websites which We do not own or operate. Your use of such websites is at your own risk.

Changes to This Privacy Notice

This Notice was last updated on 25^th May, 2018. We reserve the right to make changes to this Notice at our discretion. If we do make any changes, this page will be updated. We therefore recommend that you review this page periodically so that you are aware of any changes.

If you have any questions regarding this Notice, please visit www.animaflor.net select 'Contact Us' and complete the contact form or contact us at [email protected]

PERSONAL INFORMATION

As you visit Our Sites and use our Services we may collect the following information about you:

Direct Identifying Information: This may include your name, address, email address, username and password.

Indirect Identifying Information: We automatically receive and record certain information from your device or web browser when you interact with our Sites, e.g. your internet protocol (IP) address, mobile device ID, time zone setting, location data, language preference, operating system and platform. We may also create a user ID that may similarly indirectly identify you.

Location Data: To assist with our analytics and to provide a tailored service for you, We may collect geo-data which tells us where you are. We may also collect the language option or country you choose. We may link location data to other information we have collected about you.

Profile Data: This data may include your name, address, e-mail address, username, password and other information you give us when registering for our Services.

Marketing and Communications Data: This may include information about your subscriptions to newsletters and your marketing preferences.

Financial Data: We will need to collect your credit card details when you register for our Services or make purchases on our Site.

All data collected will be securely and safely stored on servers specific for this purpose.

The Collection of Information

We may collect information from you in the following ways:

Information You Provide Us: This information includes information you provide on registration: your name, e-mail address, date of birth, gender, credit card information, billing address, SIP code and/or postcode and other information (“Personal Information”). We may also collect information if you participate in a survey, promotion, competition or sweepstakes, if you contact us through our customer support team or if you adjust the preferences in Your Account.

Information We Collect Automatically: Information is collected when you use our Services. This may include, but is not limited to, information about the device you used to access our Services, your IP address, browser and software features, referral URLs, crash reports and your activities and use of our Service e.g. which games you play.

Information Collected Through Cookies: Please see the below section "The Use of Cookies Technology".

THE USE OF COOKIES TECHNOLOGY

A "cookie" is a small data file which is transferred to your computer’s hard drive. We use cookie technology to make your use of our Site and our Services more convenient and to support our internal business purposes. For more information on our use of cookies and other tracking mechanisms, please see our Cookie Policy.

The Use of Other Tracking Mechanisms

Our Site may use technology such as web beacons, web bugs or clear GIFs to track and analyse non-personally identifiable usage information and to compile statistical information about our Users (e.g. their IP address, browser type, internet service provider etc.) in order to improve the Site's quality and to support our business.

You should note that We also use HTML5 localStorage technology to enhance your user experience. This technology operates in the same fashion as cookies technology and therefore we will use this mechanism to collect and store information as well as configure your experience in the same ways outlined above.

The Use of Information We Collect

We will use your Personal Information to help cater and deliver to you a unique User experience. We may use your information in the following ways:

• to provide our Services, activities or online content, to provide you with information about them and to deal with your requests and enquiries;
• to improve our Services;
• to provide you with the most user-friendly online experience;
• to use IP addresses and device identifiers to: identify the location of users, block disruptive use, establish the number of visits from different countries and other statistical purposes;

THE USE OF YOUR PERSONAL INFORMATION

We will use your Personal Information for our internal business purposes e.g. to:

• monitor, develop and improve the Services and/or your experience based on a monitoring of your preferences and behaviours;
• administer the provision of your Services;
• process payments and/or collections;
• process and deal with any complaints or enquiries made by or about you;
• investigate any suspected breach of our Terms and Conditions or the breach of other terms and conditions otherwise relating to you;
• investigate any suspected fraud occurring on your account;
• contact you if you are the lucky winner of a sweepstakes or competition;

The Collection, Use and Handling of Children’s Information

In accordance with our Terms and Conditions, only individuals 18 years and over may use our Site and Services. If you are aware or become aware of any person under the age of 18 using our Services, please contact us immediately and, unless permission is obtained from their parent and/or guardian and/or the bill payer, we will take steps to delete their account and all Personal Information. We are committed to protecting children's privacy on the Internet and we comply fully with the Children's Online Privacy Protection Act (COPPA).

Where appropriate, we will instruct children not to provide such information to us. If a parent becomes aware that a child has provided us with Personal Information, we ask that the parent or legal guardian of the child contact us by visiting www.animaflor.net, selecting 'Contact Us'

Marketing Messages

Generally, we will only send you marketing e-mails if you consent to us doing so. If you do subscribe to our marketing e-mail service, we may periodically contact you to tell you about any additional services, special offers and upcoming promotions or events offered by Us, our subsidiaries, our affiliates or our marketing partners that we think may be of interest to you ("Direct Marketing"). You can unsubscribe from this part of our Service at any time.

Sharing of Personal Information

We will never sell your information. We may, however, share your information in the following ways:

Your Public Postings: If you post a review or make a comment anywhere on our Site or platform and your post contains your Personal Information, those details may be shared with other Users to have access to that particular part of our Service.

Sharing with Third Party Providers: We may need to use third party service providers to provide the best possible Services to you. At times, we may need to employ external vendors, service providers and suppliers to assist us with e.g. processing credit card payments, fraud scoring and prevention, debt collection and telecommunications. These third parties may need access to your Personal Information as is reasonably necessary to perform their obligations; they are not permitted to use your Personal Information for any other reason.

Sharing with Affiliate Companies: Where you permit us to, We, our affiliates and subsidiaries (where We have granted permission) may disclose to their affiliates and business partners certain Personal Information and other details of the use of our Services so our partners can send you their own Direct Marketing communications. If you do not want want us to disclose your Personal Information to our affiliates or business partners for Direct Marketing purposes, you may opt out by (a) checking the appropriate "Opt Out" box in any applicable e-mail communication or e-newsletter, (b) visiting www.animaflor.net, selecting 'Contact Us'.

Third Party Features: We may, at times, include on our Sites additional features and functionality from third parties. Some of these features may require us to send selected information about your use of our Service (e.g. content viewed) to third parties. If you do not wish for Us to share this information, you may opt out. We will never send your password or your financial information to any third party through these features or functions.

Cleaned Data. Periodically, we take steps to "clean" Personal Information provided to us, e.g. we may remove information which can be used to identify individuals anonymising, pseudonymising, summarising, aggregating or removing certain data elements. The resulting cleaned data is no longer considered personal information and is not subject to this Privacy Policy. The cleaned data may be provided to various third parties as necessary to provide you with our Services.

Business Restructuring: If We undergo a reorganisation or restructuring we may need to share your Personal Information within our group of companies so we can continue to deliver our Services to you without interruption. We may also share your information to a third party if we participate in a merger, acquisition, reorganisation, restructure or other sale of some or all of our assets.

You should however note that if, due to a reorganisation or restructure, we become subject to a new owner, your information may be subject to the new owner’s policy. In these circumstances, you will be notified by e-mail or through an update of this Policy prior to the change.

Legal Necessity: Where permitted or required by any law or regulation we may collect, use or disclose your Personal Information or other information without your consent, e.g. in response to a court order or subpoena or to comply with a legally permitted inquiry by a government agency.

We may also share your information to detect, prevent, or otherwise address fraud, security, or technical issues.

Be assured that, whilst we may share your information as indicated above, your Personal Information and other information will remain subject to and will be governed by this Policy at all times.

HOW WE PROTECT YOUR PERSONAL INFORMATION

We take the protection of your Personal Information seriously and we endeavour to take all reasonable measures to protect any information we collect, use, store or disclose. Where possible we have implemented technological and organisational procedures designed to protect the integrity and security, and to ensure the appropriate use, of your Personal Information. These procedures are proportionate to the nature, sensitivity and format of the personal information collected, used, stored or disclosed by us.

Our users in the European Economic Area (“EEA”) and European Union (“EU”) should be aware that some companies we work with to provide our Services operate outside the EEA. We only let that happen if we are satisfied with their levels of security. So, keep in mind that when you give us Personal Information it could be transferred, stored or processed in a location outside the EEA or EU.

Transfer of Data

We maintain servers in various locations worldwide and therefore your information may be processed in a jurisdiction different from the one in which you live. We comply with data protection laws in all applicable jurisdictions and provide equal protections to all information.

Retention of Your Information

Any Personal Information given to us will only be held for as long as legally required or permitted and in accordance with the following measures. We will only retain your Personal Information for as long as necessary for us to provide you with our Services or have a legitimate reason to keep it.

YOUR RIGHTS IN RELATION TO YOUR INFORMATION

Depending on where you live, e.g. if you reside in the European Union and/or the European Economic Area, you may have certain legal rights relative to the collection and use of your Personal Information. You may have the right to:

1. Change and update your information as necessary;
2. Have the entirety or part of your Personal Information to be erased or “forgotten”;
3. Delete your Personal Information at any time and for any reason;
4. Object to, restrict or limit the use of your Personal Information; and
5. Ask us for a copy of your Personal Information.

You can do all of this by visiting the "My Account" area on our Site or by contacting our Privacy Team / Data Protection Officer at [email protected].

Where the law provides, you may also send queries to your local data protection authority.

Data Protection Officer

If you have any questions pertaining to the collection, use and storage of your Personal Information or any questions relative to this Privacy Policy contact our Privacy Team at [email protected].

Data Controller

The data controller of your Personal Information is Nublando Limited with Registered office at Nublando Limited 51 Boundary Street, Belfast, BT13 2EJ, United Kingdom. Please be aware that if you contact us to assist you, we may need to authenticate your identity before fulfilling your request.