This agreement applies between the user of this website and Mellow, the owner of the website. By using the website, you agree to comply with and be bound by these terms and conditions. If you do not agree to these terms and conditions, please discontinue using the website immediately.

Definitions and Interpretation

In this agreement, "Content" refers to any information, including text, graphics, audio, video, software, and data compilations stored on the website. "Mellow" refers to Mellow S.A., a registered company in Nicaragua.

"Service" refers to any online facilities, tools, services, or information provided by Mellow through the website. "System" refers to any online communications infrastructure provided by Mellow through the website, including but not limited to web-based email, message boards, live chat facilities, and email links. "User" or "Users" refers to any third party that accesses the website and is not employed by Mellow. "Website" refers to www.mellowresort.com.

Intellectual Property

All content on the website, except for user-uploaded content, including text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software, is the property of Mellow, our affiliates, or other third parties. By continuing to use the website, you acknowledge that such material is protected by applicable intellectual property and other relevant laws. You may not reproduce, copy, distribute, store, or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Mellow. Material from the website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

If you provide content for our Site

If you provide any material, including user content, to the website in any format, you agree to grant us permission, irrevocably and free of charge, to use the material (including adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research, and promotional activities and our internal business purposes. You own your user content at all times, and you continue to have the right to use it in any way you choose. By providing any user content to our website, you confirm that such user content is your original work or that you are authorized to provide it to our website and that you have the right to give us permission to use it for the purposes set out in these terms of use.

Links to Other Web Sites

This website may contain links to other websites. Unless expressly stated, these websites are not under the control of Mellow or our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this website does not imply any endorsement of the websites themselves or of those in control of them.

Privacy

For the purposes of applicable data protection legislation, Mellow will process any personal data you have provided to it in accordance with the privacy policy available on the Mellow website or on request from Mellow. You agree that if you have provided Mellow with personal data relating to a third party, you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to Mellow and that you have brought to the attention of any such third party the privacy notice available on Mellow's website or otherwise provided a copy of it to the third party. You agree to indemnify Mellow in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.

Disclaimers
Mellow does not provide any guarantees or warranties regarding the Web Site. We cannot ensure that the Web Site will meet your requirements, be of satisfactory quality, be suitable for a particular purpose, not infringe the rights of third parties, be compatible with all systems, or be completely secure. We also cannot guarantee the accuracy of information provided or any specific results from the use of our Service. The Content of this Web Site should not be relied upon as advice for making decisions or taking action.

Availability of the Web Site

The Service is provided on an "as is" and "as available" basis, with no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, or satisfactory quality. We are not liable for any disruptions or unavailability of the Web Site resulting from external causes such as ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, legal restrictions, or censorship.

This agreement applies as between you, the User of this Web Site and The Brand Identity, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; “The Brand Identity ” means The Brand Identity Group Ltd, 7 Browne Close, Ashwellthorpe, Norwich, England, NR16 1FG; “Service” means collectively any online facilities, tools, services or information that The Brand Identity makes available through the Web Site either now or in the future; “System” means any online communications infrastructure that The Brand Identity makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; “User” / “Users” means any third party that accesses the Web Site and is not employed by The Brand Identity and acting in the course of their employment; and “Web Site” means the website that you are currently using (www.the-brandidentity.com).

Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Brand Identity, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by The Brand Identity. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

If you provide content for our Site

If you provide any material to our Site uploading any other content in any format (including video) (each “User Content”) you agree to grant us permission, irrevocably and free of charge, to use the User Content (including adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third-party partners, service providers, social media and networking sites. You own your User Content at all times, and you continue to have the right to use it in any way you choose. By providing any User Content to our Site you confirm that such User Content: is your own original work or you are authorised to provide it to our Site and that you have the right to give us permission to use it for the purposes set out in these Terms of Use; will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute; does not take away or affect any other person’s privacy rights, contract rights or any other rights; does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our Site; will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly; and will not contain any form of mass-mailing or spam. If you do not want to grant us the permissions set out above, please do not provide any material to our Site. We have no obligation to publish your User Content on our Site and we retain the right to remove any User Content at any time and for any reason. We do not edit, pre-vet or review any User Content displayed on our Site. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.

Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The Brand Identity or that of our affiliates.; We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Privacy

For the purposes of applicable data protection legislation, The Brand Identity will process any personal data you have provided to it in accordance Privacy Policy available on The Brand Identity website or on request from The Brand Identity. You agree that, if you have provided The Brand Identity with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to The Brand Identity and (2) that you have brought to the attention of any such third party the Privacy Notice available on the The Brand Identity’s website or otherwise provided a copy of it to the third party. You agree to indemnify The Brand Identity in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimers

The Brand Identity makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Brand Identity accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.