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Terms of Service

Please read these terms carefully before using our website and services

These Terms of Service ("Terms") govern your access to and use of the Digital Horizon website at oblepihovaya-lazaniya.com ("Site") and any services, content, or functionality offered through the Site (collectively, the "Services"). These Terms constitute a legally binding agreement between you and Digital Horizon ("we", "us", or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Acceptance of Terms

By accessing or using our Services, you confirm that:

  • You have read and understood these Terms;
  • You agree to be bound by these Terms;
  • You are at least 18 years of age or the age of legal majority in your jurisdiction; and
  • You have the legal authority to enter into these Terms.

If you are accessing or using our Services on behalf of a company, entity, or organization, you represent and warrant that you have the authority to bind such company, entity, or organization to these Terms, and in such case, "you" and "your" will refer to such company, entity, or organization.

2. Changes to Terms

We may modify these Terms at any time in our sole discretion. If we make changes, we will provide notice of such changes, such as by posting the revised Terms on our Site or by sending an email to the email address associated with your account. Your continued use of the Services following such notice constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Services.

3. Account Registration and Security

To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to:

  • Create a strong password;
  • Keep your password secure and confidential;
  • Not share your account credentials with any third party; and
  • Notify us immediately if you discover or suspect any security breach related to your account.

We reserve the right to disable your account at any time, including if we believe that you have violated these Terms.

4. Use of Services

4.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes.

4.2 Restrictions on Use

You agree not to:

  • Use the Services in any way that violates any applicable law or regulation;
  • Use the Services for any illegal or unauthorized purpose;
  • Infringe or violate the rights of others, including intellectual property rights;
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Services or servers or networks connected to the Services;
  • Circumvent, disable, or otherwise interfere with security-related features of the Services;
  • Use any robot, spider, crawler, scraper, or other automated means to access the Services;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services;
  • Harvest or collect email addresses or other contact information from our Site;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Upload, transmit, or distribute any viruses, worms, or other malicious code;
  • Use the Services in a manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services, including all content, features, and functionality, are owned by Digital Horizon, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks, service marks, logos, and trade names used on the Services are our property, and you may not use them without our prior written consent.

5.2 Your License to Us

If you provide any content, feedback, suggestions, ideas, or other materials to us, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.

6. User Content

You are solely responsible for any content, including but not limited to text, images, videos, and comments, that you submit, post, or display on or through the Services ("User Content").

By submitting User Content, you represent and warrant that:

  • You have all necessary rights to submit the User Content;
  • The User Content does not violate any third party's rights, including intellectual property rights and privacy rights; and
  • The User Content complies with these Terms and all applicable laws and regulations.

We reserve the right to remove any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable.

7. Third-Party Links and Content

The Services may contain links to third-party websites, services, or content that are not owned or controlled by Digital Horizon. We do not endorse or assume any responsibility for any such third-party sites, services, or content.

If you access any third-party websites, services, or content, you do so at your own risk and you agree that Digital Horizon will not be responsible or liable for any loss or damage you may suffer as a result.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITAL HORIZON, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
  • ANY CONTENT OBTAINED FROM THE SERVICES; AND
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID BY YOU TO DIGITAL HORIZON FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless Digital Horizon, its affiliates, and their respective directors, officers, employees, agents, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms;
  • Your User Content;
  • Your use of the Services; or
  • Your violation of any rights of a third party.

11. Termination

We may terminate or suspend your access to all or part of the Services, without notice or liability, for any reason, including if we believe that you have violated these Terms.

Upon termination, your right to use the Services will immediately cease. The following provisions of these Terms will survive termination: Intellectual Property Rights, User Content, Disclaimers, Limitation of Liability, Indemnification, and Governing Law and Jurisdiction.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Digital Horizon regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral.

13.2 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.

13.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

13.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

13.5 Force Majeure

We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Digital Horizon
1234 Maple Avenue
Toronto, ON M5V 2Z5
Canada
Email: [email protected]
Phone: +1 (416) 555-0123

Last Updated: August 15, 2023

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