Last Modified: 30th of November 2020
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to the Varjo servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Varjo grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Varjo.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Website; (vii) collecting or harvesting any personally identifiable information (later: personal data), including account names, from the Website; (viii) using the Website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Website; (xi) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or (xii) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
2. Our Proprietary Rights. The contents of the Website are Copyright © Varjo 2020. The Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music, and all intellectual property rights related thereto, are the exclusive property of Varjo and its licensors. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of any contents in any form without the prior written permission of Varjo is prohibited except in accordance with the following terms. Varjo consents to you to view and store the Website on your computer (or comparable device) or to print copies of extracts from these pages, provided that (1) the copyright notice appears on all copies, and (2) the information is being viewed for personal and non-commercial use, or for the purpose of evaluating the feasibility of a possible business relationship with Varjo. Individual documents in our Website may be subject to additional terms indicated in such documents.
The use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated. Any company or product names or equivalent emblems depicted or referenced on the Website are either trademarks or trade names of Varjo or may be trademarks or trade names of third parties. Your use of the Website shall not be construed as granting, by implication or otherwise, any license or right to use any marks, emblems or trade names appearing on the Website without the prior written consent of Varjo or the third-party rights holder.
Any feedback you provide at this Website shall be deemed to be non-confidential and Varjo shall be free to use such feedback on an unrestricted basis.
3. No Warranty. THIS WEBSITE AND THE CONTENTS HEREIN ARE PROVIDED AS A CONVENIENCE TO YOU. THE CONTENTS OF THE WEBSITE ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. VARJO DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. VARJO RESERVES THE RIGHT TO REVISE THE WEBSITE OR WITHDRAW ACCESS TO THE PAGES AT ANY TIME. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE MAY INCLUDE TECHNICAL, TYPOGRAPHICAL OR OTHER INACCURACIES. THE COLORS YOU SEE (FOR EXAMPLE, PRODUCT COLORS) ON THE WEBSITE MAY DEPEND ON THE SPECIFICATIONS AND SETTINGS OF YOUR COMPUTER AND MAY NOT ACCURATELY DEPICT THE ACTUAL COLORS. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENTS SHALL VARJO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF RELATING TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL VARJO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VARJO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7. Content; Privacy; Security. By submitting material to any of our servers, for example, by e-mail or via the Website, you agree that: (a) the material is non-confidential and does not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to us and Varjo may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability; and (d) you will not take action against us in relation to material that you submit and you agree to indemnify us if any third party takes action against us in relation to the material you submit.
Varjo does not and cannot review the content posted by users on its Website and is not responsible for such content. Varjo may at any time at its discretion remove any content posted by users.
The Website may allow you to download content from Varjo’s servers or from other sources. Any such content is subject to the Varjo End-User Software License Agreement or any other terms referenced by or included in such content (e.g. certain third-party software and/or open source software maybe subject to separate license terms provided with such third-party or open source software). You agree to use any such third-party software or open source software in accordance with the license terms provided to you. Varjo disclaims any and all liability for such third-party software or open source software. Varjo does not endorse any third-party Content. You agree that Varjo is not responsible for the quality, performance, reliability or security of any third-party content, and that Varjo is not responsible for any damages in connection with your access or use of any third-party content, or your reliance on the privacy practices, data security measures or other policies of any third-party content. The content may be subject to export control laws and/or regulations. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import the content, if needed.
You acknowledge and agree that the owners of the content are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Otherwise, these Terms are not intended to grant rights to anyone except you and Varjo, and in no event shall these Terms create any third party beneficiary rights.
8. Governing Law; Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Varjo. To the maximum extent permitted by law, (i) the Website shall be deemed solely based in Finland, (ii) the Website shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Finland, (iii) you agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of Finland without regard to its conflicts of laws provisions, and (iv) any dispute, controversy or claim arising out of these terms shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. Nothing in this Section shall be deemed as preventing Varjo from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
14. California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Websites of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
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