Terms of Use

Last Modified: 20th of February 2019

Welcome to www.varjo.com (the “Website”). By accessing the Website of Varjo Technologies Oy (“Varjo”) you signify that you have read, understood, and agree to be bound by the following terms which govern use of the Website (“Terms of Use”). Varjo reserves the right to make unilateral modifications to these Terms of Use and will provide notice of these changes as described below. These Terms of Use apply to all visitors and others who access the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS.

1. Use of the Website. This is a contract between you and Varjo. You must read and agree to these Terms of Use before using the Website. If you do not agree, you may not use the Website. You may use the Website only if you can form a binding contract with Varjo, and only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Website by anyone under 13 is strictly prohibited and in violation of these Terms of Use. The Website is not available to any users previously removed from the Website by Varjo.

Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website for your personal, noncommercial use only and as permitted by the features of the Website. Varjo may terminate this license at any time for any reason or no reason.

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.

We may, without prior notice, change the Website; stop providing the Website or features of the Website, to you or to users generally; or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use.

2. Our Proprietary Rights. The contents of the Website are Copyright © Varjo 2019. 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VARJO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL VARJO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO VARJO UNDER THESE TERMS OF USE OR $100.00, WHICHEVER IS GREATER.

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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OF EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU THE SPECIFIC LEGAL RIGHTS, AND YOU ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

5. Indemnity. You agree to defend, indemnify and hold harmless Varjo and its affiliates, suppliers and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; or (v) your willful misconduct.

6. Third-Party Links and Information. For your easy accessibility Varjo may include links to sites on the Internet that are owned or operated by third parties. By linking to such third-party site, you shall review and agree to that site’s rules of use before using such site. You also agree that Varjo has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. If you access a third-party site or service from the Website on or through any third-party site or service, you do so at your own risk, and you understand that these Terms of Use and Varjo’s Privacy Policy do not apply to your use of such sites. You expressly relieve Varjo, its affiliates, agents, directors, employees, suppliers and licensors from any and all liability arising from your use of any third-party site, service, or content. Your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Varjo, its affiliates, agents, directors, employees, suppliers or licensors shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. In addition, a link to a non-Varjo site does not imply that Varjo endorses the site or the information, products or services referenced in such third-party site.

7. User 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.

We care about the privacy of the users of our Website. You understand that by using the Website you might provide and disclose your personal data to Varjo. We collect, process and transfer your personal data in accordance with applicable data protection laws and our Privacy Policy at https://varjo.com/privacy-policy/. You will find more information in our Privacy Policy (a) what personal data we process about you, (b) how and for what purposes we process the personal data, (c) to whom and where we transfer the personal data, (d) how we protect the data, and (e) what rights you have in connection with the processing of your personal data. Varjo cares about the integrity and security of your personal data. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal data for improper purposes. You acknowledge that you provide your personal data at your own risk.

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.

9. Severability. If any part of these Terms of Use is declared illegal, unenforceable, or invalid under applicable law in a particular jurisdiction (i) these Terms of Use will not be affected in other jurisdictions; and (ii) in the relevant jurisdiction, the remainder of these Terms of Use (to the fullest extent permitted by law) will continue to be valid and enforceable.

10. Entire Agreement. These Terms of Use, together with any amendments and any additional Terms of Use you may enter into with Varjo in connection with the Website, shall constitute the entire Terms of Use between you and Varjo concerning the Website.

11. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Varjo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

12. Notification Procedures; Changes to Terms of Use. Varjo may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Website, as determined by Varjo in our sole discretion. Varjo reserves the right to determine the form and means of providing notifications to the users of the Website, provided that you may opt out of certain means of notification as required by applicable laws. Varjo is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Varjo may, in its sole discretion, modify or update these Terms of Use from time to time, and so you should review this page periodically. When we change these Terms of Use in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms of Use. Your continued use of the Website after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Website.

13. No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Varjo’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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.

Copyright © Varjo 2019. All rights reserved.