This Site is operated by Viseven Europe OU, a legal entity duly incorporated and acting under the laws of the Republic (resident) of Estonia under registry code 12627365 and whose registered office is at Lõõtsa Str. 2a, Lasnamäe district, Tallinn, Harju County, 11415, and its subsidiaries (collectively “Viseven”, “Viseven Companies”).
These Terms apply, regardless of the means of delivery of the Site to you. By referring to “you”, we mean any natural or legal person who has gained access to the Site, regardless of the methods, tools, and purposes of such access.
By using the Site, you indicate that you have read and accept these Terms and agree to abide by and be bound by these Terms (as modified from time to time). If you do not accept these Terms, please refrain from using the Site.
1. GENERAL PROVISIONS
- Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site or part of the Site without notice. We will not be liable or responsible if for any reason the Site is unavailable at any time or for any period.
- The information and materials on the Site have informational nature and are not intended to amount to advice on which reliance should be placed by you. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the Site, or by any person who may be informed of any of its content.
- You may use the Site, and the information, presentations, writings, images and/or other works that you see, hear or otherwise experience on the Site, including that we send to you on your demand made by filling in regarding forms of feedback (singly or collectively, the « Content ») for your own private non-commercial use and/or to learn about Viseven products and services.
- You must not use or allow others to access or use, all or any part of our Site or the Content and/or applications on it for commercial purposes without our permission. Use of all or any part of our Site or the contents and/or applications on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee.
- You may occasionally print individual webpages on the Site or materials you got by demand from it for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks, copyright notices and trademark notices are not removed.
- UNLESS OTHERWISE STATED IN THESE TERMS, YOU MUST NOT (WHETHER DIRECTLY OR INDIRECTLY):
- distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Site or any content, files, feeds or data from the Site, whether publically available or not; and
- copy, download, or store any content, files, feeds or data from the Site, whether publically available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material or where you are able to show ‘fair dealing’ with it, in each case in accordance with the applicable law; and
- upload, post, publish or otherwise make available information and / or materials, the rights to which belong to third parties, without obtaining the appropriate consent from such third parties; and
- attempt to gain unauthorised access to our Site, the server on which our Site is hosted or any server, computer or database connected to our Site or to attack our Site via a denial of service attack. By breaching the provisions of this clause, you may be committing a criminal offence. We shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use our Site shall immediately and automatically cease; and
- attempt to avoid or undermine any protections we put in place for the security and operation of the Site; and
- do other actions prohibited by applicable law, that violate the moral principles and / or any rights of third parties, as well as that could damage the reputation of the Site or otherwise discredit it, the Site users, third parties and/or Viseven or any of Viseven`s products and services, employees, subcontractors, representatives, or clients.
- You may establish a link to the Site, provided that:
- the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
- the link does not falsely imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents; and
- framing of our Site on any other website is not allowed and you must not provide access to the Site or part of it under any other URL.
- We may withdraw your right to link to the Site without notice and at any time (acting in our sole discretion).
- On certain parts of the Site you may be able to include links to third party websites. Subject to these Terms you may only include links on the Site to third party websites or webpages if:
- the content of or linking to such third-party websites or webpages does not breach any of the provisions set out in clause 1.6.;
- links are clearly and visibly marked as such;
- the content of any linked website or webpages are relevant and clearly related to the Content to which it is linked; and
- the link will not result in any automatic download.
- Where the Site and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.
3. USER CONTENT
- The Site may offer you the opportunity to submit, upload, display content, namely resume, CV or other personally identifiable information (“User content”). You retain ownership of any intellectual property rights that you hold in the Content.
- You grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, reproduce, translate, create derivative works from, make available, communicate and display your User content (in whole or part) internally within Viseven (including businesses, sub-contractors, officers, employees, agency workers, consultants or any other worker, full or part time, overseen by Viseven) and/or in this regard to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting your User content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your User content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
- For the avoidance of any doubt, you acknowledge and agree that we may:
- continue to use all or part of User content even if you change your mind and want us to remove it and/or you no longer use the Site;
- remove your User content at our sole discretion (even if you have not breached these Terms);
- reproduce your trademarks, trade names, service marks, logos, domain names or other identifying signs or images;
- modify your User content in any way at our sole discretion.
- You acknowledge that we are not responsible for checking, monitoring or moderating any User content and you remain solely responsible for all User content that you upload or submit.
- By uploading or submitting User content to the Site, you warrant and represent that you are the sole author of and owner of all proprietary rights in the User content. If the User content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms.
- You warrant and represent that your User content will not be inappropriate. Without limitation, User content will be considered inappropriate if:
- It is defamatory, plagiarized, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful;
- It is in breach of confidentiality or another person’s privacy,
- It prejudices any active legal proceedings of which you are aware;
- It contains accusations of impropriety or personal criticism of our staff;
- It infringes any intellectual property rights proprietary to us or any other third party;
- It is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
- It advertises or promotes any product or service or makes any requests for donations or financial support;
- It is spam or junk content;
- It impersonates another person or otherwise misrepresents your identity, affiliation or status;
- It would be considered a criminal offence, or gives rise to civil liability, or is otherwise unlawful; and/or
- is in breach of these Terms.
- Unless you have our express permission to do so, you must not re-submit any User content or other material or applications which have previously been removed.
- You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or alleged breach by you of this clause 3.
- You undertake to defend us from and against any claim or action by a third party that the use or possession of any User content submitted or uploaded to the Site by you infringes the intellectual property of such third party (“IPR Claim”), and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim.
4. REQUEST FORMS
- Where you are required to fill in the form (hereinafter – “Request form(-s)” or “Form(-s)”) to receive information and/or other materials, we presume you provide accurate and true data. Each Form is for a single user only and not for multiple users. You must keep filled Forms confidential.
- If it needed, you must provide a valid email address when you filling in the Forms. If you provide an email address then you warrant you are entitled to receive email to such email address. You also acknowledge and agree that we may stop sending emails to you without prior notification.
- We may suspend, terminate or prevent your access to the Site or information by Request forms at our sole discretion.
5. THIRD PARTY CONTENT
- Viseven is not liable or responsible for any third-party content on the Site. Third party content includes, for example, articles owned by any other third parties, the content of advertisements, applications posted or owned by other third parties and content accessed through applications.
6. INTELLECTUAL PROPERTY RIGHTS
- This Site is operated by Viseven. Unless otherwise specified herein, the Site, its contents, and its arrangement are the property of Viseven and are protected by Estonia and international copyright and other intellectual property laws.
- All copyright, trademark, and other proprietary rights in Site and in the software, text, graphics, design elements, code and all other materials originated or used by us at or in the Site (collectively, the “site material”) are reserved to Viseven. All other trademarks or domain names not owned by Viseven or one of the other Viseven Companies that appear on the Site are the property of their respective third party owners.
- If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
Viseven Europe OU
at Lõõtsa Str. 2a, Lasnamäe district, Tallinn, Harju County, 11415
Attention: Legal Department
Please include all of the following in your notification:
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• A description of the copyrighted work you claim has been infringed;
• A description of where the material you claim is infringing is located on the site;
• Your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. LIMITATION OF LIABILITY
- None of the Viseven Companies assumes any responsibility for accuracy, correctness, timeliness, or content of the site materials provided on this Site. You should not assume that the site materials on this Site are continuously updated or otherwise contain current information. No Viseven Company is responsible for supplying content or materials from the Site that have expired or have been removed.
- The information and material contained on the Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the Site and use your own judgement before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to the Site or its Content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Site and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Site or any website or webpage to which it is linked.
- IN NO EVENT SHALL ANY OF THE VISEVEN COMPANIES OR ANY OF THEIR RESPECTIVE SUPPLIERS, EMPLOYEES, AGENT OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, GOODWILL, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ONE OR MORE VISEVEN COMPANIES OR ANY OF THEIR SUPPLIERS, EMPLOYEES, AGENTS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SITE MATERIALS OR OTHER CONTENTS OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
- YOU UNDERSTAND AND AGREE THAT (A) THE SITE, AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED; (B) EACH VISEVEN COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS; (C) VISEVEN COMPANIES MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE; AND (D) NONE OF THE VISEVEN COMPANIES WARRANTS THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NONE OF THE VISEVEN COMPANIES IS RESPONSIBLE FOR THOSE COSTS. NONE OF THE VISEVEN COMPANIES SHALL BE RESPONSIBLE FOR ANY THIRD PARTY MATERIAL ON THE SITE.
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE ANY LIABILITY FOR:
- loss of or corruption to data; or
- loss of profit; or
- loss of anticipated revenue; or
- loss of business; or
- loss of opportunity; or
- adverse effect on reputation and/or goodwill; or
- any indirect or consequential loss or damage save that for these purposes losses arising as a result of regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential.
- Our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid by you to us in the 12 month period immediately preceding the date on which such loss or liability arose or EUR 100, whichever is greater.
- Without prejudice to the generality of the exclusions of liability contained in this clause 10, we shall not be liable to you if you cannot access the Site properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (which shall include without limitation the performance of any internet service provider, the performance of any internet browser or limitations of the device you use to access the Site).
- We shall have no liability to you for any loss or inconvenience suffered due to the unavailability or withdrawal of any Content, material or other information from the Site.
- Whilst we monitor the Site with a view to locating and fixing defects, you acknowledge and agree that we cannot guarantee that the Site or any individual feature of the Site will be error free, be available at all times and/or be free from viruses and defects.
- Content and resources may be removed from the Site with or without notice at any time and we accept no responsibility or liability for any reliance by the user on the continued availability of any content or resources on the Site.
- If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
- We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.
9. JURISDICTION AND APPLICABLE LAW
- 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 law of Estonia. These Terms are subject to and will be interpreted in accordance with the laws of Estonia. The Arbitration Court of the Estonian Chamber of Commerce and Industry shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject-matter or formation. The arbitration shall take place in English. Number of arbitrators: 1 (one). Place of arbitration: Tallinn, Estonia.
- For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.
10. CONTACTING US
For general comments on the Site, or to seek permission to do anything prohibited by or not contained in these Terms, or which requires our prior consent or agreement, you can contact us following the instructions found on the Contact us page on the Site.