Traffogen.com Terms and Conditions
Last updated: December 7, 2023
Introduction
These Terms and Conditions ("Terms") govern your use of the Traffogen.com website ("Website" or "Site") and any related services provided by Traffogen("we", "us" or "our"). By accessing or using the Website, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Traffogen. If you do not agree to these Terms, please do not use the Website.
Our Company
Traffogen is a trading name of Traffogen Ltd, Tallinn, Estonia.
Eligibility
To use the Website and its services, you must be at least 18 years of age, have the legal capacity to enter into a binding contract, and be a resident of a European Union member state. By using the Site, you represent and warrant that you meet these eligibility requirements.
Registration
To access certain features of the Website, you may be required to register an account. You agree to provide accurate and complete registration information and keep your account updated. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
User Content
You are solely responsible for any content you submit, post, or display on the Website ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display your User Content for any purpose connected with the operation of the Website. You represent and warrant that you have the rights, power, and authority to grant the rights to your User Content as specified in these Terms, and that your User Content does not infringe on any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
Prohibited Activities
You agree not to engage in any of the following activities while using the Website:
- Submitting, posting, or displaying any content that is unlawful, defamatory, threatening, harassing, abusive, obscene, or otherwise objectionable;
- Violating any applicable laws, regulations, or industry codes;
- Infringing on any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
- Transmitting or introducing any viruses, worms, or other malicious software to the Website;
- Attempting to gain unauthorized access to any part of the Website, or to other users' accounts;
- Engaging in any activity that interferes with or disrupts the proper functioning of the Website.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms.
Intellectual Property
All intellectual property rights in the Website, its content, and any related services, including but not limited to trademarks, logos, designs, graphics, and text, are owned by Traffogen or our licensors. Nothing in these Terms grants you any rights to use any of our intellectual property without our express written consent.
Third-Party Websites
The Website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms and conditions of such third-party websites. You acknowledge and agree that your use of any third-party websites is solely at your own risk.
Disclaimer of Warranties
The Website and its content are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the Website or its content, including but not limited to its accuracy, completeness, or fitness for a particular purpose. You use the Website at your own risk.
Limitation of Liability
In no event shall Traffogen or its directors, officers, employees, agents, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your access to, use of, or inability to use the Website, its content, or any related services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages. To the extent permitted by law, our total liability to you for all claims arising out of or in connection with these Terms, the Website, or any related services shall not exceed the amount paid by you, if any, for accessing or using the Website during the six (6) months immediately preceding the event giving rise to the liability.
Indemnification
You agree to indemnify, defend, and hold harmless Traffogen, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to, use of, or violation of these Terms, the Website, or any related services.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the European Union, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms, the Website, or any related services shall be subject to the exclusive jurisdiction of the courts located within the European Union.
Changes to These Terms
We reserve the right to modify or replace these Terms at any time, in our sole discretion. We will provide notice of any changes by posting the updated Terms on the Website. Your continued use of the Website after any changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Website.
Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.
Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact Us
If you have any questions or concerns about these Terms, please contact us [email protected]
Entire Agreement
These Terms, together with any other legal notices and agreements published by us on the Website, constitute the entire agreement between you and Traffogen with respect to your use of the Website and supersede any prior or contemporaneous understandings, communications, or agreements, whether written or oral, regarding the same subject matter.