TERMS AND
CONDITIONS
Last updated January 01, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Don't Panic Media OÜ ('Company', 'we', 'us', or 'our'), a company
registered in Estonia at Ravila 49-1, Tartu, Tartumaa 50408.
We operate the website http://www.defpub.com (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').
http://www.defpub.com offers digital evidence of proof of existence, which can
be used in court or arbitrage. Proof of existence can be any intellectual
property, patent or audit trail informaton in form of a file.
You can contact us by phone at +372 566 96 316, email at support@defpub.com, or
by mail to Ravila 49-1, Tartu, Tartumaa 50408, Estonia.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ('you'), and Don't Panic Media OÜ,
concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms from time to time. We will alert you about
any changes by updating the 'Last updated' date of these Legal Terms, and you
waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 13 years of age. All users
who are minors in the jurisdiction in which they reside (generally under the
age of 18) must have the permission of, and be directly supervised by, their
parent or guardian to use the Services. If you are a minor, you must have your
parent or guardian read and agree to these Legal Terms prior to you using the
Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PRODUCTS
5. PURCHASES AND PAYMENT
6. REFUNDS POLICY
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENCE
10. THIRD-PARTY WEBSITES AND CONTENT 11. SERVICES MANAGEMENT
12. PRIVACY POLICY
13. TERM AND TERMINATION
14. MODIFICATIONS AND INTERRUPTIONS 15. GOVERNING LAW
16. DISPUTE RESOLUTION
17. CORRECTIONS
18. DISCLAIMER
19. LIMITATIONS OF LIABILITY
20. INDEMNIFICATION
21. USER DATA
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 23. CALIFORNIA
USERS AND RESIDENTS
24. MISCELLANEOUS
25. CONTACT US
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 law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services. You may not use
the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in 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 (and
various other intellectual property rights and unfair competition laws) and
treaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your
personal, non-commercial use or internal business purpose 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:
access the Services; and
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 or internal business
purpose.
Except as set out in this section or elsewhere in our 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 whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than as
set out in this section or elsewhere in our Legal Terms, please address your
request to: support@defpub.com. If we ever grant you the permission to post,
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 any copyright or proprietary notice appears or is visible on
posting, 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 our 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
prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ('Submissions'), you agree to
assign to us all intellectual property rights in such Submission. You agree
that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal information, or other
material ('Contributions'). Any Submission that is publicly posted shall also
be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a licence (including use of your
name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty- free, fully-paid, worldwide right, and licence to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly perform, publicly display, reformat, translate, excerpt (in whole or
in part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or otherwise,
to prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicence the licences granted in this section. Our use
and distribution may occur in any media formats and through any media
channels.
This licence includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions
and/or posting Contributions through any part of the Services or making
Contributions accessible through the Services by linking your account through
the Services to any of your social networking accounts, you:
confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will
not post, send, publish, upload, or transmit through the Services any
Submission nor post any Contribution that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to
any person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
to the extent permissible by applicable law, waive any and all moral rights to
any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or
that you have the necessary rights and licences to submit such Submissions
and/or Contributions and that you have full authority to grant us the above-
mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not
constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor
any Contributions, we shall have the right to remove or edit any Contributions
at any time without notice if in our reasonable opinion we consider such
Contributions harmful or in breach of these Legal Terms. If we remove or edit
any such Contributions, we may also suspend or disable your account and report
you to the authorities.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal
capacity and you agree to comply with these Legal Terms; (2) you are not under
the age of 13; (3) you are not a minor in the jurisdiction in which you reside,
or if a minor, you have received parental permission to use the Services; (4)
you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise; (5) you will not use the Services for any
illegal or unauthorised purpose; and (6) your use of the Services will not
violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion
thereof).
4. PRODUCTS
All products are subject to availability. We reserve the right to discontinue
any products at any time for any reason. Prices for all products are subject to
change.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- PayPal
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in CHF (Swiss Franc).
You agree to pay all charges at the prices then in effect for your purchases
and any applicable shipping fees, and you authorise us to charge your chosen
payment provider for any such amounts upon placing 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,
in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgement, appear to be placed by dealers,
resellers, or distributors.
6. REFUNDS POLICY
All sales are final and no refund will be issued.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavours except those that are specifically
endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
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 contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or
harm another person.
Make improper use of our support services or submit false reports of abuse or
misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another
user.
Upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ('gifs'), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
'spyware' or 'passive collection mechanisms' or 'pcms').
Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged
in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part
of the Services.
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Services, or use or launch any unauthorised script or
other software.
Use a buying agent or purchasing agent to make purchases on the Services. Make
any unauthorised use of the Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavour or commercial
enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, 'Contributions'). Contributions may be viewable by
other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and non-
proprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
You are the creator and owner of or have the necessary licences, rights,
consents, releases, and permissions to use 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.
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libellous, slanderous, or otherwise objectionable (as determined by
us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific person
or class of people.
Your Contributions do not violate any applicable law, regulation, or rule. Your
Contributions do not violate the privacy or publicity rights of any third
party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
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 violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights
to use the Services.
9. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services, you automatically
grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and 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 of, or incorporate
into other works, such Contributions, and grant and authorise sublicences of
the foregoing. The use and distribution may occur in any media formats and
through any media channels.
This licence will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorise any Contributions to
place them in more appropriate locations on the Services; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other
websites ('Third-Party Websites') as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ('Third-Party Content'). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Legal Terms no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third
party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us blameless from
any harm caused by your purchase of such products or services. Additionally,
you shall hold us blameless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any
contact with Third- Party Websites.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be
bound by our Privacy Policy posted on the Services, which is incorporated into
these Legal Terms. Please be advised the Services are hosted in the United
States. If you access the Services from any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United States, then through your
continued use of the Services, you are transferring your data to the United
States, and you expressly consent to have your data transferred to and
processed in the United States. Further, we do not knowingly accept, request,
or solicit information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy Protection
Act, if we receive actual knowledge that anyone under the age of 13 has
provided personal information to us without the requisite and verifiable parental
consent, we will delete that information from the Services as quickly as is
reasonably practical.
13. 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 TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, 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 COVENANT CONTAINED IN THESE LEGAL TERMS OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN 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 name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the 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 redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services
at any time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Services. We will not be
liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or 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 otherwise
modify the Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of
Estonia, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual residence
is in the EU, and you are a consumer, you additionally possess the protection
provided to you by obligatory provisions of the law in your country to
residence. Don't Panic Media OÜ and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of Tartumaa, which means that you may
make a claim to defend your consumer protection rights in regards to these
Legal Terms in Estonia, or in the EU country in which you reside.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you or us (individually, a 'Party' and
collectively, the 'Parties'), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal
Terms shall be determined by one arbitrator who will be chosen in accordance
with the Arbitration and Internal Rules of the European Court of Arbitration
being part of the European Centre of Arbitration having its seat in Strasbourg,
and which are in force at the time the application for arbitration is filed,
and of which adoption of this clause constitutes acceptance. The seat of
arbitration shall be Lausanne, Switzerland. The language of the proceedings
shall be English. Applicable rules of substantive law shall be the law of
Switzerland.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilise class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorised use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
18. 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 ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF 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 AND ALL PERSONAL INFORMATION 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 THE LIKE
WHICH 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 FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA 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 ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST 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 HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
20. 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 attorneys’ 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 your representations and
warranties set forth in these Legal Terms; (5) your violation of the rights of
a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Services with whom you
connected via 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 such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain 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 regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
22. 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 you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect 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 shall not operate as a waiver of such right
or provision. These Legal Terms operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause 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 is
deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal
Terms will not be construed against us by virtue of having drafted them. You
hereby waive any and all defences you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute these
Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
Don't Panic Media OÜ Ravila 49-1
Tartu, Tartumaa 50408 Estonia
Phone: +372 566 96 316 support@defpub.com