- Access to the Website; Use of the Website
- You must be at least 16 years old to use the Services (or older if law requires parental consent).
- Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.
- We may modify these Terms by giving you notice or by asking you to read and accept a new version of these Terms. We may give you notice by posting a new version of the Terms on the Website. If you do not agree with any modification, then you may not use the Services. Your continued access or use of any of the Services after our notice indicates your acceptance to the modified Terms. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
- You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Company. Neither these Terms (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights. Company reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
- Indemnification. You agree to indemnify and hold Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with (a) your use of the Website, (b) your violation of these Terms or (c) your violation of applicable laws or regulations.
- Third-Party Links
Company is in no way responsible for the content of any website owned by a third party that may be linked to the Website via hyperlink, whether or not such hyperlink is provided by the Website or by a third party in accordance with the Terms. Any link on our Website to another website is not an endorsement of such other website and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Website may link, and we take no responsibility therefor.
UNLESS STATED IN THE ADDITIONAL TERMS, THE SERVICES ARE PROVIDED “AS-IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES. WE FURTHER DISCLAIM ANY WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (D) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED.
WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR ANY ACTIONS RESULTING FROM YOUR USE OF ANY SERVICES. YOU MAY USE AND ACCESS THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE AND ACCESS OF ANY SERVICES.
- Limitation on Liability
UNLESS STATED IN THE ADDITIONAL TERMS, WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; AND (B) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES. NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR GROSS NEGLIGENCE, FOR OUR (OR OUR EMPLOYEES’) INTENTIONAL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY.
- Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Website. You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Website. You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website.
- Governing Law. We encourage you to contact us if you have an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, your relationship is with Digital Pulse of the Land, an Ukrainian LLC, and the Services are governed by the law of Ukraine.
- Electronic Communications. The communications between you and Company use electronic means, whether you use the Website or send us emails, or whether Company posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
- In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- Entire Terms. These Terms completely and exclusively state the agreement between you and Company regarding their subject matter. These Terms supersede and govern all prior or contemporaneous understandings, representations, agreements, or other communications between you and Company, oral or written, regarding such subject matter. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Contact Information. If you have any questions about these Terms, please contact us.