Terms of Service
TERMS AND CONDITIONS
Last updated July 20, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Smilumin LLC (“Company,” “we,” “us,” or “our”), a company registered in Wyoming, United States, with its registered address at 2232 Dell Range Blvd., Suite 245-3030, Cheyenne, WY 82009, United States.
We operate the website https://www.crest.me.uk (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
You can contact us by telephone at +44 20 3807 1085, by email at info@crest.me.uk, or by post at 2232 Dell Range Blvd., Suite 245-3030, Cheyenne, WY 82009, United States.
These Legal Terms constitute a legally binding agreement entered into between you, whether personally or on behalf of an entity (“you”), and Smilumin LLC concerning your access to and use of the Services.
By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE THEIR USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The amended Legal Terms will become effective when they are posted or when you are notified by email at the email address associated with your account, as stated in the relevant email communication.
By continuing to use the Services after the effective date of any changes, you agree to be bound by the amended Legal Terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services 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 applicable laws or regulations, or where it would subject us to any registration requirement within such jurisdiction or country.
Accordingly, persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for complying with local laws, where and to the extent that such laws apply.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio files, videos, text, photographs, and graphics contained within the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws, various other intellectual property rights and unfair competition laws, and international conventions and treaties.
The Content and Marks are provided through the Services on an “as is” basis for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable licence to:
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access the Services; and
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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.
Except as expressly provided in this section or elsewhere in these Legal Terms, no part of the Services 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 without our express prior written permission.
If you wish to use the Services, Content, or Marks in any manner other than as permitted in this section or elsewhere in these Legal Terms, please submit your request to info@crest.me.uk.
If we grant you permission to publish, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that all copyright or proprietary notices remain visible when publishing, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these intellectual property rights will constitute a material breach of these Legal Terms, and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services so that you understand:
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the rights you grant to us; and
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the obligations you assume when posting or uploading any content through the Services.
Submissions
By directly sending us any questions, comments, suggestions, ideas, feedback, or other information concerning the Services (“Submissions”), you agree to assign to us all intellectual property rights in those Submissions.
You agree that we will own those Submissions and will be entitled to use and distribute them without restriction for any lawful purpose, whether commercial or otherwise, without acknowledging you or providing compensation to you.
Contributions
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other features through which you may create, submit, post, display, transmit, distribute, or broadcast content and materials to us or through the Services.
Such content and materials may include, without limitation, text, written materials, videos, audio files, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other materials (collectively, “Contributions”).
Any Submission that is publicly posted will also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services.
Licence granted when you post Contributions
By posting any Contributions, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and licence to:
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use;
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copy;
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reproduce;
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distribute;
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sell;
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resell;
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publish;
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broadcast;
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retitle;
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store;
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publicly perform;
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publicly display;
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reformat;
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translate;
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excerpt, in whole or in part; and
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otherwise exploit your Contributions, including your image, name, and voice,
for any lawful purpose, including commercial, advertising, or promotional purposes.
This licence also includes the right to prepare derivative works from your Contributions, incorporate your Contributions into other works, and grant sublicences in relation to the rights granted under this section.
The use and distribution of your Contributions may take place through any media formats and through any media channels.
This licence includes our use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and any personal or commercial images that you provide to us, where applicable.
You are responsible for what you post or upload
By submitting Submissions and/or posting Contributions through any part of the Services, or by making Contributions accessible through the Services by linking your account with any social networking account, you:
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confirm that you have read and agree to the “PROHIBITED ACTIVITIES” section and will not post, send, publish, upload, or transmit through the Services any Submission or Contribution that is unlawful, harassing, hateful, harmful, defamatory, obscene, intimidating, abusive, discriminatory, threatening towards any person or group, sexually explicit, false, inaccurate, fraudulent, or misleading;
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waive, to the extent permitted by applicable law, all moral rights in any such Submission and/or Contribution;
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warrant that all Submissions and/or Contributions are owned by you or that you possess the necessary rights and licences to submit them;
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warrant that you have full authority to grant us the rights described above in relation to your Submissions and/or Contributions; and
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warrant and represent that your Submissions and/or Contributions do not contain confidential information.
You are solely responsible for your Submissions and/or Contributions.
You expressly agree to reimburse us for any losses that we may suffer because of your breach of:
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this section;
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any third party’s intellectual property rights; or
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any applicable law.
We may remove or edit your Contributions
Although we are under no obligation to monitor Contributions, we have the right to remove or edit any Contribution at any time and without notice if, in our reasonable opinion, we consider that Contribution to be harmful or in breach of these Legal Terms.
If we remove or edit any Contribution, we may also suspend or disable your account and report you to the appropriate authorities.
Copyright infringement
We respect the intellectual property rights of others.
If you believe that any material available through the Services infringes any copyright that you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
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all registration information you submit will be true, accurate, current, and complete;
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you will maintain the accuracy of that information and promptly update the registration information where necessary;
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you have legal capacity and agree to comply with these Legal Terms;
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you are not a minor in the jurisdiction in which you reside;
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you will not access the Services through automated or non-human means, including through a bot, script, or similar method;
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you will not use the Services for any illegal or unauthorised purpose; and
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your use of the Services will not violate any applicable law or regulation.
If you provide any information that is false, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services, or any part of them.
4. USER REGISTRATION
You may be required to register in order to use the Services.
You agree to keep your password confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username selected by you if, in our sole discretion, we determine that the username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available through the Services.
However, we do not guarantee that product colours, features, specifications, and details will be accurate, complete, reliable, current, or free from errors.
Your electronic display may not accurately reflect the actual colours and details of the products.
All products are subject to availability, and we cannot guarantee that products will always be in stock.
We reserve the right to discontinue any product at any time and for any reason.
Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
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Visa
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Mastercard
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American Express
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UnionPay
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JCB
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Diners Club
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Cartes Bancaires (CB)
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Discover
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Visa Electron
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Maestro
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Other payment methods supported by Stripe may be displayed during checkout.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services.
You further agree to promptly update your account and payment information, including your email address, payment method, and payment-card expiry date, so that we can complete your transactions and contact you when necessary.
Sales tax will be added to the price of purchases where required. We may change prices at any time. All payments will be made in British pounds sterling.
You agree to pay all charges at the prices then in effect for your purchases, together with any applicable delivery charges.
You authorise us to charge your chosen payment provider for the relevant amounts when you place your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, at our sole discretion, limit or cancel quantities purchased by any person, household, or order. These restrictions may include orders placed by or under the same customer account, orders using the same payment method, and/or orders using the same billing or delivery address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to have been placed by dealers, resellers, or distributors.
7. RETURN POLICY
Please review our Return Policy before making any purchases:
https://www.crest.me.uk/return-policy
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than the purpose for which we make the Services available.
The Services may not be used in connection with any commercial activities except those that have been expressly approved or authorised by us.
As a user of the Services, you agree not to:
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systematically retrieve data or other content from the Services in order to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission;
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trick, defraud, or mislead us or other users, particularly in an attempt to obtain sensitive account information, such as user passwords;
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circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content;
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disparage, tarnish, or otherwise harm us and/or the Services, in our opinion;
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use any information obtained through the Services to harass, abuse, or harm another person;
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misuse our support services or submit false reports of abuse or misconduct;
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use the Services in a manner inconsistent with any applicable laws or regulations;
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engage in unauthorised framing of or linking to the Services;
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upload or transmit, or attempt to upload or transmit, viruses, Trojan horses, or other harmful material;
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engage in excessive use of capital letters or spamming, including repeatedly posting the same text, where this interferes with another party’s uninterrupted use of the Services;
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upload or transmit any material that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
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engage in any automated use of the system, including using scripts to submit comments or messages or using data-mining tools, robots, or similar data-gathering and extraction tools;
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remove any copyright or other proprietary rights notice from any Content;
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attempt to impersonate another user or person or use another user’s username;
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upload or transmit, or attempt to upload or transmit, any material that acts as a passive or active information-collection or transmission mechanism;
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use graphics interchange formats, commonly referred to as “GIFs,” 1×1 pixels, web bugs, cookies, or other similar devices, sometimes referred to as spyware, passive collection mechanisms, or “PCMs,” for unauthorised data collection;
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interfere with, disrupt, or create an excessive burden on the Services or the networks or services connected to the Services;
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harass, annoy, intimidate, or threaten any of our employees or agents involved in providing any part of the Services to you;
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attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any part of them;
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copy or adapt the software forming part of the Services, including Flash, PHP, HTML, JavaScript, or other code;
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except where permitted by applicable law, decipher, decompile, disassemble, or reverse-engineer any software forming part of or making up the Services;
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except as may result from standard search-engine or Internet-browser use, use, launch, develop, or distribute any automated system, including spiders, robots, cheating utilities, scrapers, or offline readers, that access the Services;
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use or launch any unauthorised script or other software;
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use a purchasing agent or procurement agent to make purchases through the Services;
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make any unauthorised use of the Services;
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collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails;
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create user accounts through automated means or under false pretences;
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use the Services as part of any effort to compete with us; or
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use the Services and/or Content as part of any revenue-generating activity or commercial enterprise that has not been authorised by us.
9. USER-GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other features.
The Services may also provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services.
Such content may include, without limitation, text, written materials, videos, audio files, photographs, graphics, comments, suggestions, personal information, or other materials, collectively referred to as “Contributions.”
Contributions may be viewable by other users of the Services and through third-party websites.
Accordingly, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you represent and warrant that:
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the creation, distribution, transmission, public display, or performance of your Contributions, and the accessing, downloading, or copying of your Contributions, do not and will not infringe any third party’s proprietary rights, including copyright, patent, trademark, trade-secret, or moral rights;
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you are the creator and owner of your Contributions, or you possess the necessary licences, rights, consents, releases, and permissions to use them and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms;
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you have the written consent, release, and/or permission of every identifiable individual person appearing in your Contributions to use that person’s name or likeness in order to enable the inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms;
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your Contributions are not false, inaccurate, or misleading;
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your Contributions do not constitute unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
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your Contributions are not obscene, indecent, lewd, vulgar, violent, harassing, defamatory, libellous, or otherwise objectionable, as determined by us;
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your Contributions do not ridicule, mock, disparage, intimidate, or abuse any person;
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your Contributions are not used to harass or threaten another person, within the legal meaning of those terms, or to promote violence against a particular person or group;
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your Contributions do not violate any applicable laws, regulations, or rules;
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your Contributions do not violate the privacy or publicity rights of any third party;
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your Contributions do not violate any applicable law concerning child pornography or any other law intended to protect the health or wellbeing of minors;
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your Contributions do not contain offensive comments relating to race, national origin, gender, sexual orientation, or physical disability; and
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your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services in breach of the above provisions constitutes a violation of these Legal Terms and may result in, among other consequences, the termination or suspension of your rights to use the Services.
10. CONTRIBUTION LICENCE
By posting your Contributions in any part of the Services or making Contributions available through the Services by linking your account in the Services with any account on a social networking service, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and represent and warrant that you have the right to grant it. licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works from or incorporate such Contributions into other works, as well as to grant and authorise sublicences of the foregoing. The use and distribution may take place in any media formats and through any media channels.
For the purpose of licence will apply to all forms, media, or technologies now known or later developed and includes our use of your first and last name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images that you provide to us. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted in relation to your Contributions.
We do not claim any ownership rights in your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations contained in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions in the Services and expressly agree to release us from all liability and refrain from any legal action against us in connection with your Contributions.
We have the right, at our sole and absolute discretion, to (1) edit, redact, or otherwise modify any Contributions; (2) re-categorise any Contributions to place them in more appropriate locations within the Services; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor user Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you with areas within the Services where you may leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have direct experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not draw any conclusions regarding the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us an unrestricted, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts held with third-party service providers, with each such account referred to as a “Third-Party Account.”
You may link a Third-Party Account by:
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providing your Third-Party Account login information through the Services; or
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allowing us to access your Third-Party Account in accordance with the applicable terms governing your use of that account.
You represent and warrant that you have the right to disclose your Third-Party Account login information and/or grant us access to your Third-Party Account without breaching any of the terms governing your use of that account.
You further represent and warrant that granting us access will not require us to pay any fees or subject us to any usage limitations imposed by the third-party service provider.
By granting us access to a Third-Party Account, you understand that:
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we may access, make available, and store, where applicable, any content that you have provided to and stored in your Third-Party Account (“Social Network Content”) so that it is available through the Services using your account, including any friends lists; and
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we may submit to and receive from your Third-Party Account additional information to the extent that you are notified of this when linking your account with the Third-Party Account.
Depending on the Third-Party Accounts you select and the privacy settings applied to those accounts, personal information that you post to your Third-Party Accounts may be available through your account within the Services.
Please note that if a Third-Party Account or associated service becomes unavailable, or if the third-party service provider terminates our access to that Third-Party Account, Social Network Content may no longer be available through the Services.
You may disable the connection between your account within the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH THOSE THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review Social Network Content for any purpose, including for accuracy, legality, or non-infringement, and we are not responsible for Social Network Content.
You acknowledge and agree that we may access the email address book associated with your Third-Party Account and the contact list stored on your mobile device or tablet solely for the purpose of identifying and informing you about contacts who have also registered to use the Services.
You may deactivate the connection between the Services and your Third-Party Account by contacting us using the contact details below or through your account settings, where applicable.
We will attempt to delete any information stored on our servers that was obtained through the Third-Party Account, except for the username and profile picture associated with your account.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
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monitor the Services for violations of these Legal Terms;
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take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting that person to law-enforcement authorities;
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refuse, restrict access to, limit the availability of, or disable, to the extent technologically feasible, any of your Contributions or any portion of them;
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remove from the Services, or otherwise disable, without limitation, notice, or liability, any files and content that are excessive in size or otherwise burdensome to our systems; and
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otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security.
Please review our Privacy Policy:
https://www.crest.me.uk/privacy-policy
By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please note that the Services are hosted in the United States.
If you access the Services from another region of the world where laws or other requirements governing the collection, use, or disclosure of personal information differ from those applicable in the United States, your continued use of the Services constitutes the transfer of your data to the United States.
You expressly consent to your data being transferred to and processed in the United States.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others.
If you believe that any material available on or through the Services infringes any copyright that you own or control, please notify us immediately using the contact information provided below in a written notification (“Notification”).
A copy of your Notification may be sent to the person who posted or stored the material addressed in the Notification.
Please be aware that under applicable law, you may be liable for damages if you make material misrepresentations in a Notification.
Therefore, if you are uncertain whether material located on or linked through the Services infringes your copyright, you should consider first contacting a lawyer.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR OBLIGATION CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your own name, a false or borrowed name, or the name of any third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive remedies.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time and for any reason, at our sole discretion and without notice. However, we have no obligation to update any information in our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or may need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the Services at any time and for any reason without notice to you. You agree that we shall have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuation of the Services. Nothing in these Legal Terms shall be interpreted as obligating us to maintain and support the Services or to provide any corrections, updates, or releases in connection with them.
18. GOVERNING LAW
These Legal Terms are governed by and interpreted in accordance with the laws of England and Wales.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If your habitual residence is in the European Union and you are a consumer, you are additionally entitled to the protection provided by the mandatory provisions of the law of your country of residence. Smilumin LLC and you agree to submit to the non-exclusive jurisdiction of the courts of London. This means that you may bring a claim to protect your consumer rights in relation to these Legal Terms either in England or in the EU country in which you reside.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the costs of any dispute, controversy, or claim related to these Legal Terms (each referred to as a “Dispute”), the parties agree that all Disputes shall be resolved exclusively through mediation under the following terms: “Dispute” and collectively, “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree first to attempt to resolve any disputes informally (except for disputes expressly specified below) for at least thirty (30) days before commencing arbitration proceedings. Such informal negotiations shall begin upon receipt of written notice from one Party addressed to the other Party.
Binding Arbitration
Any disputes arising from the relationship between the Parties to these Legal Terms shall be resolved by one arbitrator, who shall be selected in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, which forms part of the European Centre of Arbitration based in Strasbourg, in force at the time the application for arbitration is submitted, acceptance of which constitutes acceptance of this clause. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. The applicable substantive law shall be the laws of the United Kingdom.
Restrictions
The Parties agree that any arbitration proceedings shall be limited exclusively to disputes between the individual Parties. To the fullest extent permitted by law: (a) no arbitration proceeding shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be resolved through class-action proceedings or to use class-action procedures; and (c) there is no right or authority for any dispute to be brought on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following disputes shall not be subject to the above provisions concerning informal negotiations and binding arbitration: (a) any disputes concerning the enforcement or protection of the intellectual property rights of either Party or concerning the validity of such rights; (b) any disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claims for injunctive relief. If this provision is found to be unlawful or unenforceable, neither Party shall elect to arbitrate any Dispute falling within that part of this provision found to be unlawful or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction from among the courts listed above as having jurisdiction, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
The Services may contain information that includes typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information within the Services at any time without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ITEMS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN A BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
THIS INCLUDES LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE LEGAL TERMS, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY. CERTAIN STATE LAWS IN THE UNITED STATES AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of the representations and warranties set out in these Legal Terms; (5) violation of the rights of any third party, including, without limitation, intellectual property rights; or (6) any overtly harmful act toward any other user of the Services with whom you connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding covered by this indemnification as soon as we become aware of it.
24. USER DATA
We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken while using the Services. You agree that we will have no liability to you for any loss or corruption of such data. You waive any right to bring legal action against us arising from the loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email and through the Services, satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or payments or the granting of credits by means other than electronic means.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us within or in relation to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms will not operate as a waiver of that right or provision. These Legal Terms operate to the fullest extent permitted by law.
We may assign any or all of our rights and obligations to another person or entity at any time. We will not be responsible or liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision will be deemed severable from these Legal Terms. The invalidity or unenforceability of that provision will not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be interpreted against us merely because we drafted them. You waive any defences that you may have based on the electronic form of these Legal Terms or the absence of signatures by the parties.
27. CONTACT US
To resolve a complaint concerning the Services or to obtain further information regarding their use, please contact us at:
Smilumin LLC
2232 Dell Range Blvd., Suite 245-3030, Cheyenne, WY 82009 United States
Telephone: +44 20 3807 1085
Email: info@crest.me.uk