TERMS OF SERVICE
GENERAL SALES TERMS AND CONDITIONS
These terms are the sole terms that govern the sale of goods and services between Digital Sputnik Lighting OÜ (“DS”) and you (“the Buyer”). They shall be to the exclusion of all other terms and conditions (including any terms and conditions which the Buyer purports to apply under any document) and prior agreements or arrangements between the parties.
APPLICATION OF TERMS
1.1 Each order for products by the Buyer from DS shall be deemed to be an offer by the Buyer to buy goods subject to these terms and conditions.
1.2 No order placed by the Buyer shall be deemed to be accepted by DS until an acknowledgment of an order is issued by DS or (if earlier) DS delivers the products in accordance with condition 3.
1.3 Any written quotations given before the acknowledgment of order shall expire thirty (30) calendar days from the date of quotation unless withdrawn in writing sooner. Verbal quotations are provided for budgetary guidance only. Unless otherwise specifically stated all quoted prices are in EUR EUR.
1.4 DS has the right to refuse new orders in case the buyer has used the 30-day return option before to return a product.
PRICE AND PAYMENT
2.1 The price payable for the products shall be the price as stated by DS at the time of order. For information on the prices applicable to the products, please contact DS on the contact details contained on DS’s website. DS specifically reserves the right to change the prices of its products at any time and without notice.
2.2 Unless expressly stated otherwise the price payable for the products shall be exclusive of VAT (if applicable), duties, bank fees, and carriage and freight if delivery is requested or required.
2.3 All orders must be paid in full prior to shipment via wire transfer, cash equivalent (such as money order, cashier’s cheque, or personal cheque drawn from a recognized bank), or credit card. Credit card payment via PayPal is provided as a convenience with valid credit card authorizations. Please contact Digital Sputnik Lighting OÜ for ‘Remit To’ information when transferring bank to bank payments.
2.4 No more than one separate credit cards may be used per order. DS reserves the right to reject any order. DS will credit or refund any payments made if DS rejects the order.
2.5 All orders are payable in EUR.
DELIVERY & ACCEPTANCE
3.1 Any shipment of the products from the DS Facility shall
3.1.1 be at the cost of the Buyer (unless free shipping is offered) with such costs being payable prior to shipment; and
3.2 DS will ship by the method it deems, at its sole discretion, to be most advantageous.
3.3 Unless otherwise specified, products will be shipped in standard commercial packaging. Where special packaging or export instructions are requested by the Buyer, any additional costs will be the responsibility of the Buyer.
3.4 Any dates specified by DS for delivery of the products are intended to be an estimate without commitment and time shall NOT be of the essence in relation to the same. DS will not be liable for any loss, damages or penalty resulting from delay in delivery. If products are unavailable, DS will have no obligation to provide substitute goods and DS's sole liability will be to return any deposit or price paid for the unavailable product.
3.5 Acceptance of the product by the Buyer shall occur no later than the end of the seventh working day after the Buyer receives the Products. Products not rejected during this period shall be deemed accepted, and all returns shall be handled in accordance with condition 4 (Cancellation & Returns). Subject to the right to cancel under condition 4.1 products cannot be rejected by Buyer based on criteria that were unknown to DS or based on test procedures that DS does not conduct.
CANCELLATION & RETURNS
4.1 The Buyer has the right to cancel the contract at any time up to the end of seventh working day after the date the Buyer receives the products or up to the end of the tenth working day from the date of purchase (whichever is the later), provided that the products are in an unused and unopened condition.
4.2 To exercise the right to cancel, the Buyer must give written notice to DS by hand, post or e-mail, at the address or e-mail address shown in the order acknowledgment, giving details of the products ordered and (where appropriate) their delivery.
4.3 If the Buyer exercises their right of cancellation after the products have been delivered, the Buyer will need to obtain a Return Merchandise Authorization (“RMA”) from DS which will identify the address to which the products are to be returned to.
4.4 Upon receipt of the RMA the Buyer will, within ten (10) days from the date the RMA is issued, be responsible for delivering the unused and unopened products to DS at their own cost and in the original shipping materials. All products received ten (10) days after the RMA was issued will not be considered eligible as a return for credit and DS will be entitled to return the products to Buyer at the Buyer’s cost.
4.5 Once you have notified DS that you are canceling the agreement, and subject to condition 4.4, 4.6 and 4.7, DS will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your debit or credit card for the products
4.6 If the products are used and opened, DS reserves the right to refuse a refund under conditions 4.3 to 4.5 unless and until DS has carried out such evaluations and test of the product as is deemed necessary to ascertain the re-saleability of the product.
4.7 Following completion of an evaluation under condition 4.6 or indeed in respect of any return of the products pursuant to your cancellation DS shall be entitled (in their absolute discretion) to deduct any one or more of the following from the original sums paid by the Buyer:
4.7.1 a sum equivalent to 25% of the original sale price as a restocking fee;
4.7.2 a reasonable sum representative of any damage caused to the products before they are returned; and
4.7.3 the cost of the evaluation under condition 4.5 (if applicable) which, where possible, shall be notified to the Buyer in the RMA.
4.8 In the event that the products are to be returned to DS it is recommended, for the Buyer’s protection, that the Buyer uses a traceable and insurable form of mail for shipment.
4.9 Notwithstanding any condition to the contrary DS will not accept a return of a lighting system with a run time in excess of 25 hours.
4.91 Conditions 4.4, 4.6, 4.71, 4.73, 4.9 do not apply for products with 30 Day No-questions-asked return products. In case the returned product is damaged DS has the right to deduct a reasonable sum representative of any damage caused to the products before they are returned
RESTRICTIONS ON USE
5.1 The Buyer will not cause or permit the modification or reverse engineering of file formats, tools, or light processing of DS products without express written consent from DS.
5.2 The Buyer will not develop tools from DS products or use non-DS approved tools, products, or software with DS products without express written consent from DS.
5.3 Buyer will not cause or permit any reverse engineering of DS products.
WARRANTIES / REPAIRS & LIABILITY
6.1 DS warrants to the Buyer that all products will be of good quality and workmanship and free from material defects. Upon the expiration of the time periods identified below, all liabilities of DS will terminate. In no event shall DS be liable for consequential damages.
6.2 If the products fail to comply with the warranties given in this condition 6 and the Buyer notifies DS within the below-mentioned warranty periods, DS shall without charge for parts and labor (in its sole discretion) repair or replace the defective product or refund the price of the same. The warranties given in this condition 6 are non-transferable and are only applicable to the Buyer.
6.3 DS’s warranties under this condition 6 do not include products that have defects or failures resulting from: 6.3.1 alterations, modifications or repairs by the Buyer or unauthorized third parties; and /or
6.3.2 accident, disaster, neglect, abuse, misuse, improper handling or storage by the Buyer. This includes, but is not limited to water damage, exposure to weather conditions, operators negligence, improper electrical/power supply, transportation damage, lack of maintenance, mould in the light module from improper storage, droppage, modification to the power supply, opening the power supply, use of non-DS cables or third party accessories etc.
6.4 DS products are compatible with DS software, DS parts, and DS products only. The use of any software, parts, or products other than DS or DS approved software, parts, and products voids any and all warranties given in this condition 6.
6.5 Some DS products carry more bespoke warranties and as such the warranties contained in this clause 6 shall be subject to any varying warranty terms that DS may notify the Buyer at the time of their order.
6.6 Standard Warranty
6.6.1 For DS products a standard warranty is granted to the original purchaser for a period of two (2) years, parts and labour.
6.6.2 LED Board Upgrade. A standard warranty is granted for LED Board upgrades and associated parts and labour for a period of ninety (90) days.
6.6.3 DS Refurbished Products. A standard warranty is granted for DS products sold as refurbished for a period of ninety (90) days.
6.6.4 The Standard Warranties noted in conditions 6.6.1 to 6.6.3 covers parts and labour charges for products that have been returned pre-paid shipment to an Authorized Service Center.
6.6.5 If the Buyer wishes to make a warranty return, he must notify DS and obtain an RMA in accordance with condition 4.3. Upon receipt of the RMA the Buyer will, within 10 days of receipt of the RMA, be responsible for delivering at their sole risk and cost the damaged products to such address as is noted on the RMA.
6.6.6 Any repaired or replaced product shall be warranted as set forth in this section for a period the greater of (i) the balance of the applicable warranty period relating to such product or (ii) ninety (90) days after it is received by Buyer. Only the components that were repaired or replaced will be eligible for the 90-day period as set forth above. DS may use refurbished parts for warranty repair. Any parts replaced during warranty repair are the property of DS and will not be returned to Buyer.
6.6.7 The Standard Warranty effective dates for warranties under conditions 6.6.1 to 6.6.3 is the date of “ex works” from the DS Facility or when Buyer picks up product at designated DS shipping facility.
6.7 Third-Party Warranty
6.7.1 DS does not honor warranty agreements extended by third parties. Only warranty agreements granted by DS will be honored by DS.
6.8 DS Re-Certified Product Warranty
In this condition, "Customer" is defined as an entity who obtained DS product by other means than directly from DS. Product re-certification is only available to a Customer and is limited to a one re-certification per Customer upon a change of ownership. A Customer will be required to register the product with DS.
6.8.1 A product that is not possessed by the original Buyer may be sent to an Authorized DS Service Center for an evaluation fee of EUR 100 .
6.8.2 DS will provide a quotation for the re-certification of the product to existing DS product specifications at time of repair. The Customer is responsible for all costs associated with such re-certification, such as troubleshooting, diagnosis, repair, test, calibration, and shipping costs.
6.8.3 Upon completion of re-certification, Customer may be offered a DS Re-Certified Product Warranty for an additional cost.
6.8.4 A DS Re-Certified Product Warranty is valid for a period of ninety (90) days after the warranty is accepted by the Customer.
6.9 Non-Warranty Repair
6.9.1 A Product that no longer qualifies for Warranty Repair may be sent to an Authorized DS Service Center for an evaluation fee of EUR 100.
6.9.2 If the product is sent to DS for non-warranty repair by the original Buyer, the evaluation fee of EUR 100 is waived by DS.
6.9.3 DS will provide a quotation for the repair of the product. The Customer is responsible for all costs associated with such refurbishment, such as troubleshooting, diagnosis, repair, test, calibration, and shipping costs.
6.9.4 Any repaired or replaced product shall be warranted for ninety (90) days after it is received by Buyer providing always that only the components that were repaired or replaced will be eligible for the 90-day warranty period. DS may use refurbished parts for non-warranty repair. Any parts replaced during non-warranty repair or upgrades are the property of DS and will not be returned to Buyer.
6.10 Except as specifically set forth above, all other warranties, conditions, representation or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to the DS product or any component thereof are, to the fullest extent permitted by any applicable law, excluded from this agreement including any warranty as to the performance or result of the DS product.
Digital Sputnik Lighting Terms and Conditions of Sale 4
7.1 Customer Source Inspection. A fee of EUR 100 will be charged for any order requiring customer source inspection or receipt of goods, at the DS facility.
7.2 No-Trouble Found Inspection Fee. Any product sent to DS for inspection or evaluation where DS finds no defects or problems with DS product will be subject to a No-Trouble Found Inspection Fee of EUR 100. The No-Trouble Found Inspection policy is in place to encourage the Customer to exhaust all technical support resources before shipping product to DS.
LIMITATION ON LIABILITY
In this condition the term “DS” refers to Digital Sputnik Lighting OÜ, its officers, employees, other representatives and licensors. 8.1 Subject to condition 8.5:
8.1.1 DS’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with this agreement shall be limited to lower of the amounts paid to DS for products supplied under the specific purchase order or the sum of EUR 5,000.
8.1.2 DS shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused and whether DS were notified of the possibility of such damage) which arise out of or in connection with the purchase, use or otherwise of the products
8.2 For the avoidance of doubt DS shall not be liable for any loss, claim or damages whatsoever whether direct, indirect or consequential arising out of any late delivery of the products nor shall they be liable for the cost of procurement of substitute goods by the Buyer.
8.3 The limitation set forth herein shall apply:
8.3.1 to all liabilities that may arise out of third-party claims against the Buyer; 8.3.2 where the damages arise out of or are related to this agreement; and 8.3.3 notwithstanding any failure of essential purpose of any limited remedy.
8.4 For the avoidance of doubt the Buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the products from DS. The importation or exportation of the products to the Buyer may be prohibited by certain national laws. DS makes no representation and accepts no liability in respect of the export or import of the products to the Buyer.
8.5 nothing in these terms & conditions excludes or limits the liability of DS for death or personal injury caused by their proven negligence.
9.1 The Buyer shall indemnify, defend, and hold DS and DS’s officers, agents and other representatives and licensors harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused by the misuse of the product or by the negligent or wilful acts or omissions of the Buyer its officers, employees, agents or other representatives, or (ii) based on any breach of this agreement by the Buyer in particular any use of DS’s proprietary rights in the product as identified in condition 10.1.
10.1 DS retains for itself and its licensors all proprietary rights, including without limitation all patent, trademark, trade secret, copy- right and other intellectual property rights in and to all DS designs, manufacturing processes, engineering details, and other data pertaining to any product sold except where the rights have been assigned pursuant to a written agreement with a corporate officer of DS.
10.2 The products are offered for sale and sold by DS on the condition that such sale does not convey any right, express or implied, stated or otherwise, under any intellectual property or manufacturing process. DS and its licensors expressly reserves all intellectual property rights in the product.
11.1 DS will take all reasonable precautions to keep the details of your order and payment secure, but unless DS is negligent, DS will not be liable for unauthorized access to information supplied by the Buyer.
11.2 DS will use the information the Buyer provides for the primary purpose of fulfilling the Buyer’s order. Despite this DS will notify the Buyer of other DS products and offers that may be of interest to the Buyer from time to time.
11.3 The Buyer may
11.3.1 stop DS from sending them DS product and offer information;
11.3.2 correct information about themselves; or
11.3.3 wish the information be deleted by notifying DS of this fact in writing to Digital Sputnik Lighting OÜ, Türi 5, Tallinn, Estonia, 11313
12.1 Waiver. No forbearance or delay by DS in enforcing its rights shall prejudice or restrict the rights of DS and a failure of DS to insist upon strict performance of any terms and conditions herein shall not be deemed a waiver of any subsequent default of terms and conditions thereof.
12.2 Severability. If any of the terms and conditions of this Agreement are held to be invalid under any applicable statute or rule of law, they shall, to that extent, be deemed omitted but the remaining provisions shall continue in full force and effect.
12.3 Third Party Rights. A person who is not a party to this agreement shall not be entitled to enforce any term pursuant to the Contracts (Rights of Third Parties Act) 1999.
12.4 Force Majeure. DS shall have no liability under or be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond the reasonable control of that party.
12.5 Agency, Partnership. Nothing in this agreement shall be held, implied or deemed to constitute a partnership, joint venture, agency or other relationship between the parties.
12.6 Complete agreement. The terms and conditions set forth herein comprise the entire agreement between DS and the Buyer and the Buyer acknowledges that they have not entered into this agreement on the basis of any representation that is not expressly incorporated into these terms or the purchase orders provided by DS from time to time.
GOVERNING LAW AND JURISDICTION
13.1 The sale of any DS product to the Buyer is considered to take place in Estonia and therefore this agreement and any dispute arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the substantive law of Estonia and DS and the Buyer submit to the exclusive jurisdiction of the Harju County Court (Harju Maakohus) and waive all rights to have disputes brought elsewhere.
13.2 For the avoidance of doubt this agreement will not be governed by the conflict of law rules or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
TERMS OF SERVICE
This website is operated by Digital Sputnik. Throughout the site, the terms “we”, “us” and “our” refer to Digital Sputnik. Digital Sputnik offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Digital Sputnik, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Digital Sputnik and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Estonia
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.