Last modified: January 16, 2023
Overview
This is a legal agreement between you (“you” or “authorized user”) and Digital Giraffes OÜ (“DG”, “we” or “Company”). Before downloading, accessing, or using any part of the Digital Giraffes website, products or services you should carefully read the following terms and conditions contained in the “Digital Giraffes Terms and Conditions” (“Terms”) as they govern your access to and use of the Digital Giraffes website, and/or other Digital Giraffes products and services (“products and services”). We are willing to license and allow the use of this Website, and other products or services only on the condition that you accept and agree to all of the terms and conditions contained in the Terms. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THE DIGITAL GIRAFFES WEBSITE AND/OR OTHER PRODUCTS OR SERVICES. YOU MUST AGREE WITH THE TERMS, OTHERWISE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE, AND/OR OTHER PRODUCTS, AND SERVICES. BY AGREEING TO THESE TERMS YOU HEREBY REPRESENT (A) THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT, AND (B) IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THESE TERMS FOR THAT ORGANIZATION OR ENTITY’S BEHALF AND BIND THEM TO THESE TERMS.
Privacy Policy
Any information that Digital Giraffes collects through your use of the website and/or products and services is subject to the Digital Giraffes Privacy Policy, which is an addition to these Terms. Please read our Privacy Policy. You must accept the terms of Digital Giraffes’ Privacy Policy if you wish to use the website, products, or services of Digital Giraffes OÜ. By accepting these Terms, you also intend to be bound by the Digital Giraffes Privacy Policy.
Who Can Use DG’s Website, Product or Services
You may use DG´s Website, and/or other products and services if you are over the age of 18 and are not barred from receiving services under applicable law.
Necessary Equipment
Full use of the Website and/or other products and services is dependent upon your use of a computer with adequate software and/or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the website, and/or other products and services, and it is your responsibility to ensure the equipment’s functionality.
DG’s Rights
“Company Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available to you through the Website, and/or other products and services. Company Content, Website, and/or other products and services and the underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of EU, Estonia and other foreign countries. You agree not to remove, change, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Company Content, Website, and/or other products and services.
Acceptable Use of the Digital Giraffes Website, and/or Other Products and Services
The Website, and/or other products and services are intended for your personal, non-commercial use. The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (a) access and view Company Content, (b) access and use the Website, and/or other products and services, (c) use the underlying software and technology as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Company Content, Website, and/or other products or services or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DG or its licensors, except for the licenses and rights expressly granted in these Terms.
Prohibited Use of the Digital Giraffes Website, and/or Other Products and Services
Except to the extent permitted by law, you may not do any of the following while accessing or using the Website, and/or other products and services: (a) use, display, mirror or frame any of the Company Content, Website, and/or products and services or any individual element within the aforementioned, Digital Giraffes name, any Company trademark, logo, or other proprietary information, or the layout and design on any page or form contained on a page, without DG’s express written consent from the Company; (b) access or tamper with non-public areas of Website, and/or other products and services, the Company’s computer systems, servers, or the technical delivery systems of the Company’s providers; (c) test the vulnerability of any of the Company’s system or breach any security or authentication measures; (d) circumvent any technological or administrative measure implemented by the Company or any of the Company’s providers or any other third party (including another registered user) to protect the Company Content, Website, and/or other products and services; (e) access the Website, and/or other products and services or Company Content through the use of any mechanism other than what is outlined in the Terms; OR (f) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that the Company provided to you or any other part of the Website, and/or other products and services.
DG’s Enforcement Rights
We are not obligated to monitor access or use of the Website, and/or other products and services, Company Content, or review or edit any Company Content, but we have the right to do so for the purpose of operating our Company, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disclose the access to Company Content, the Website, and/or other products and services at any time without notice and at our sole discretion if we determine that Company Content, or your use of the Website, and/or other products and services are objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Website, and/or other products and services.
You Use the Company Website, and/or Other Products and Services AT YOUR OWN RISK. While our goal is to deliver a high-quality resource to help you reach your communication goals, we make no endorsement, representation, or warranty of any kind about the Company Website, and/or Products and Services, any Company Content, or any other recommendations through the Company. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you received through the Website, and/or other products and services.
Feedback and Submissions Policy
If you submit any comments, ideas, or feedback to us—you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by the Company, or obtained from sources other than you.
We Are Not Responsible for and Do Not Control Third-Party Links on or through the Company’s Website, And/or Other Products and Services
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Digital Giraffes OÜ.
Digital Giraffes OÜ has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Digital Giraffes OÜ shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with, use of, or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimers
THE Digital Giraffes OÜ CONTENT, THE WEBSITE, AND/OR OTHER PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WITHOUT LIMIT THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Digital Giraffes Website, and/or other products and services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Company Content. You acknowledge and agree that if you rely on any Company Content, the Website, and/or other products and services, you do so solely at your own risk.
Indemnity
You will indemnify and hold harmless DG and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (a) your access to or use of the Company Content, the Website, and/or other products and services, or (b) your breach of any warranties made to you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which you will cooperate with us in asserting any available defenses.
Limitation of Liability
NEITHER DG, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE COMPANY CONTENT, THE WEBSITE, AND/OR OTHER PRODUCTS AND SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE COMPANY CONTENT, THE WEBSITE, AND/OR OTHER PRODUCTS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of EU and Estonia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Company Content, the Website, and/or other products and services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Company Content, the Website, and/or other products and services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successor, and permitted assigns.
Any notices or other communications provided by the Company under these Terms, including those regarding modifications to these Terms, will be given (a) via email; or (b) by posting to the Website. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.
DG’s failure to enforce any right or provision of these Terms will not be construed as a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Although the Website, and/or other products and services may be accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered—including Company Content—are available to all persons or in all geographical locations. The Company reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any feature, product, or service made on the Website, and/or other products and services are void where prohibited, and if you chose to access you are solely responsible for compliance with the applicable local laws.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
Please contact us if you have any questions about these Terms via our email social@digitalgiraffes.com
