Terms and Conditions
Last updated December 25, 2021
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. SOCIAL MEDIA
9. SUBMISSIONS
10. SITE MANAGEMENT
11. PRIVACY POLICY
12. TERM AND TERMINATION
13. MODIFICATIONS AND INTERRUPTIONS
14. GOVERNING LAW
15. DISPUTE RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18. LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. USER DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
22. MISCELLANEOUS
23. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and Vignette ID ("Company," “we," “us," or “our”), concerning your
access to and use of the http://vignette.id website as well as any
other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto
(collectively, the “Site”). We are registered in Slovenia and have
our registered office at Slovenia, Ljubljana, Ljubjana 1000. You
agree that by accessing the Site, you have read, understood, and
agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Site 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 Terms of Use from time to time. We
will alert you about any changes by updating the “Last updated” date
of these Terms of Use, and you waive any right to receive specific
notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand
which Terms apply. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the Site after the
date such revised Terms of Use are posted.
The information provided on the Site 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 Site 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.
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 Site. If
you are a minor, you must have your parent or guardian read and
agree to these Terms of Use prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws
and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws,
and international conventions. The Content and the Marks are
provided on the Site “AS IS” for your information and personal use
only. Except as expressly provided in these Terms of Use, no part of
the Site 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.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to 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. We
reserve all rights not expressly granted to you in and to the Site,
the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current,
and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Terms
of Use; (4) you are not a minor in the jurisdiction in which you
reside, or if a minor, you have received parental permission to use
the Site; (5) you will not access the Site through automated or
non-human means, whether through a bot, script, or otherwise; (6)
you will not use the Site for any illegal or unauthorized purpose;
and (7) your use of the Site 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
Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. 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 you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
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Systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission
from us.
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Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
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Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained
therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Site.
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Use any information obtained from the Site in order to harass,
abuse, or harm another person.
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Make improper use of our support services or submit false
reports of abuse or misconduct.
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Use the Site in a manner inconsistent with any applicable laws
or regulations.
- Engage in unauthorized framing of or linking to the Site.
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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 Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.
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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.
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Delete the copyright or other proprietary rights notice from any
Content.
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Attempt to impersonate another user or person or use the
username of another user.
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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”).
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Interfere with, disrupt, or create an undue burden on the Site
or the networks or services connected to the Site.
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Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
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Attempt to bypass any measures of the Site designed to prevent
or restrict access to the Site, or any portion of the Site.
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Copy or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
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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 Site.
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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 Site, or using or launching any unauthorized script or other
software.
-
Use a buying agent or purchasing agent to make purchases on the
Site.
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Make any unauthorized use of the Site, 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 pretenses.
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Use the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
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Use the Site to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We 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 Site, 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 Site and through third-party websites. As such,
any Contributions you transmit may be treated in accordance with the
Site Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
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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.
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You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to
authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these
Terms of Use.
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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 Site and these
Terms of Use.
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
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Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
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Your Contributions do not ridicule, mock, disparage, intimidate,
or abuse anyone.
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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.
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Your Contributions do not violate any applicable law,
regulation, or rule.
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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 otherwise intended to protect the health
or well-being of minors.
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Your Contributions do not include any offensive comments that
are connected to race, national origin, gender, sexual
preference, or physical handicap.
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Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Terms of Use, or any
applicable law or regulation.
Any use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination or
suspension of your rights to use the Site.
7. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use
any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose
without compensation to you.
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 Site. You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us
regarding your Contributions.
8. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account
with online accounts you have with third-party service providers
(each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the
Site; or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your
use of each Third-Party Account. You represent and warrant that you
are entitled to disclose your Third-Party Account login information
to us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us
to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you
understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is
available on and through the Site via your account, including
without limitation any friend lists and (2) we may submit to and
receive from your Third-Party Account additional information to the
extent you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party Accounts you
choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you
post to your Third-Party Accounts may be available on and through
your account on the Site. Please note that if a Third-Party Account
or associated service becomes unavailable or our access to such
Third Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on
and through the Site. You will have the ability to disable the
connection between your account on the Site and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the
Site. You can deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact information
below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and
profile picture that become associated with your account.
9. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
10. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms of Use; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Terms of Use, 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 Site 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 Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of
the Site.
11. PRIVACY POLICY
We care about data privacy and security. By using the Site, you
agree to be bound by our Privacy Policy posted on the Site, which is
incorporated into these Terms of Use. Please be advised the Site is
hosted in Germany. If you access the Site 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
Germany, then through your continued use of the Site, you are
transferring your data to Germany, and you agree to have your data
transferred to and processed in Germany.
12. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (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 TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND 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.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site 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 Site during any downtime or
discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection
therewith.
14. GOVERNING LAW
These conditions are governed by and interpreted following the laws
of Slovenia, and the use of the United Nations Convention of
Contracts for the International Sale 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 of your country of residence. Vignette ID and
yourself both agree to submit to the non-exclusive jurisdiction of
the courts of Ljubljana, which means that you may make a claim to
defend your consumer protection rights in regards to these
Conditions of Use in Slovenia, or in the EU country in which you
reside.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each "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
ninety (90) 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
this contract 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 Ljubljana, Slovenia. The language of the
proceedings shall be Slovenian. Applicable rules of substantive law
shall be the law of Slovenia.
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 utilize 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 and 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 unauthorized 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.
16. CORRECTIONS
There may be information on the Site 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 Site at any time, without prior
notice.
17. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR 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 SITE 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 SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE 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
SITE, (3) ANY UNAUTHORIZED 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 SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, 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 JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
18. 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 SITE, 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. 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.
19. 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)
use of the Site; (2) breach of these Terms of Use; (3) any breach of
your representations and warranties set forth in these Terms of Use;
(4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful
act toward any other user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense 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.
20. USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. 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 Site. 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.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, 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 Site, 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
SITE. 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.
22. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us
on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use 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 Terms of
Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Use 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 Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
23. CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us
at:
InTaxi Group d.o.o,
Parmova Ulica 53,
1000 Ljubljana,
Slovenia
Email:
[email protected]
