Terms of service
This Global Terms of Service Agreement (Global Terms) is an agreement between Damalion, an international independent consulting firm, and the party (Customer) and is made active as of the date of your use of this website (“Site”) or the date of electronic acceptance.
This Agreement states the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site and is in addition to (not instead of) any particular terms and conditions that apply to the particular Services.
In this Agreement “You” and “Your” refer to You as the user of our Services, or any individual authorized to act on Your behalf. “We”, “Us” and “Our” refer to Damalion. This Agreement explains Our obligations to You and explains Your obligations to Us for using Our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
When You use Our site, Your account (or You permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein.
Whether you are merely browsing or using our Site or purchasing Services, your use of the Site and your electronic acceptance of this Agreement indicates that you have read, understand, assert and agree to be bound by this Agreement, along with the following policies and the related product agreements, which are in this website.
Also, changes may be made to this Agreement from time. And whenever such changes are made, we will inform you. These changes will take effect once you have been notified, by email. Thus, it is important that you keep your Account information current. Damalion assumes no liability or responsibility for your failure to receive an email notification if such failure results from an incorrect email address.
If you do not agree to be bound by this Agreement as last revised, do not use the Site or the Services.
Eligibility & Authority
Our site and the Services we provide are available only to users who can form legally binding contracts under related laws.
• By using this site and/or the Services, You represent and affirm that you are at least eighteen (18) years old and not an individual banned from purchasing or receiving the Services found under the laws of the applicable jurisdiction.
• If you enter into this Agreement as a representative or on behalf of a corporate entity or third party that maintains or may retain ownership in an Account, then you hereby represent and guarantees that you have the legal authority to bind such corporate entity or third party to the terms and conditions embodied in this Agreements, in which case the term “you” shall refer to such corporate entity or third party.
• If, after your electronic acknowledgment of the Agreements, we find that you don’t have the legitimate authority to bind such corporate entity or third party, you will be personally responsible for the responsibilities contained in the Agreements, including, but not limited to, any payment obligations.
• We shall not be liable for any loss or damage resulting from our reliance on any representation, instruction, notice, document, or communication significantly believed by us to be profound and originating from an authorized representative of the corporate entity or third party.
If there is logical doubt about the authenticity of any such instruction, notice, document, or communication, We reserve the right to require more authentication from You. You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies employed by the Services purchased, for transactions entered into by You, anyone acting as Your agent, and anyone who uses Your account or the Services, whether or not approved of by You.
Accounts & Transfer of Data Abroad
Accounts. To access some of the elements of this site or use some of the Services, You have to create an Account.
• You represent and consent that all details You submit when you create your Account is valid, current, and complete, and that you will keep your Account information factual, current, and complete.
• You further agree to maintain accurate information by providing updates to Us, as required, while You are using the Services.
• If We have reason to believe that Your Account information is false, inaccurate, not current, misleading, or incomplete, We reserve the right, in Our sole and absolute preference, to suspend or terminate your Account and any Services.
• You are entirely responsible for the activity that occurs on your Account, whether approved of by you or not, and you must keep your Account information secure, including without restriction your customer number/login, password, Payment Method(s), and shopper PIN. For security purposes, We suggest that you change your password and shopper PIN at least once every six months for each Account.
• You must notify Us instantly of any breach of security or unauthorized use of Your Account. We will not be responsible for any loss You incur due to any unauthorized use of Your Account. But, you may be responsible for any loss We or others incur caused by Your Account, whether caused by You, by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site and/or using Our Services from a country other than the country in which Our servers are situated, Your communications with Us and/or use of Our Services may result in the transfer of personal data across international boundaries. By visiting our Site, using Our Services, and communicating electronically with Us, You consent to such transfers.
Availability of Website & Services
We shall use commercially practical efforts to attempt to provide this site, the Services available to use and purchase on Our site, and Our Services on a twenty-four (24) hours a day, seven (7) days a week basis.
• You admit and agree that from time to time this site may be unavailable or inoperable for any reason including, but not limited to, device malfunctions, occasional maintenance, repairs, or replacements that We launch from time to time; or incidents beyond our reasonable control or that are not foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, adverse network attacks, network congestion or other failures.
• You acknowledge and agree that We have no influence over the availability of this Site or Services on a continuous or endless basis and that We accept no liability to You or any other party about such, including but not limited to loss of revenue.
• You acknowledge and agree that you have the essential rights and permissions to share all information necessary to provide the Services with Damalion. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers.
General rules of conduct
You acknowledge and agree that:
1. Your use of this Site and the Services, including any content you submit, will acknowledge this Agreement and all relevant local, state, national and international laws, rules, and regulations.
2. You will not use this Site or the Services in a manner that:
- Is illegal, or promotes or encourages illegal activity, such as child pornography or the exploitation of children, terrorism, violence against people, animals, or property.
- Facilitates, encourages, or engages in any spam or other unrequested bulk email, or computer or network hacking or cracking;
- Violates the intellectual property rights of another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site
- Contains or installs any viruses, bugs, Trojan horses, or programs that disrupt, damage, or limit the functionality of any software or hardware; or
3. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly approved by Damalion.
4. You will not alter any part of this Site or the Services found at this Site or any of its corresponding technologies.
5. You will not re-sell or provide the Services for a commercial purpose, including any of Damalion-related technologies, without our prior written consent.
6. You agree to provide government-issued photo identification and/or government-issued business identification as needed for verification of identity when called for.
7. You are aware that Damalion may call you about your account from time to time, and for any such call(s), you do not have any expectation of privacy during the calls; you hereby consent to allow Damalion, in its sole discretion, to record the calls regardless of whether Damalion asks you on any specific call for consent to record such call. You further acknowledge and agree that, to the extent authorized by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Damalion is a party.
Additional Reservation of Rights
Damalion reserves the right to deny, terminate, suspend, lock, or adjust access to any account or any Service, including the right to revoke or transfer any domain name registration, for any reason, including but not limited to the following:
(i) to correct mistakes made by Us in offering or delivering any Services
(ii) to protect the morality and stability of, and correct mistakes made by, any domain name registry
(iii) to assist with our fraud and abuse detection and prevention actions;
(iv) to acknowledge applicable local, state, national and international laws, rules and regulations
(v) to acknowledge requests of law enforcement, including subpoena requests
(vi) to acknowledge any dispute resolution procedure
(vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is ultimately determined to be with or without value, or
(viii) to avoid any civil or unlawful liability on the part of Damalion, its officers, directors, employees, and agents, as well as our associates.
In the event that Damalion needs to exercise any of its rights asserted herein to investigate any possible breach or violation of the terms and conditions of this Agreement, service fees may go on to accrue on Your accounts, and You will continue to be responsible for the payment of any service fees that accrue during the relevant period.
Links to third-party websites
Our site may include links to third-party websites or services that are not owned or regulated by us. Clicking on those links may enable third parties to collect or share data about you. We assume no responsibility for the body, terms, conditions, privacy policies, or practices of any third-party websites. Also, we do not censor or edit the content of any third-party website. By using our Site or the Services, you expressly release us from any detriment arising from your use of any third-party website. Hence, we encourage you, when you leave our website, to read the privacy notice of every website you visit.
Limitation of Liabilities
Damalion, its officers, directors, agents, employees, and all third-party service providers, shall in no event be responsible to you or any other person or entity you represent for any direct, indirect, incidental, or significant damages whatsoever, including any that may result from
(i) the accuracy, completeness, or content of this site,
(ii) the accuracy, completeness, or content of any sites linked to this site,
(iii) the services found at this site or any sites connected to this site,
(iv) personal injury or property damage of any nature whatsoever,
(v) third-party method of any nature whatsoever,
(vi) any unauthorized access to or use of our servers and any content, personal data, financial information, or other data stored therein,
(vii) any interruption or termination of services to or from this site or any sites linked to this site,
(viii) any viruses, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked to this site,
(ix) any user content or content that is defamatory, harassing, cruel, harmful to minors or any protected class, pornographic, obscene, or otherwise distasteful, or
(x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on guarantee,contract, or any other legitimate or equitable theory, and whether or not Damalion is advised of the possibility of such damages.
Additionally, you acknowledge and agree that any cause of action arising out of or associated with this site or the services found at this site must be started within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently banned.
Also, you acknowledge and agree that in no event shall Damalion total aggregate liability surpass the total amount paid by you for the specific services that are the subject of the cause of action.
No disclaimer of any provision of this agreement shall be effective unless it is in writing and signed by an authorized representative of Damalion.
You agree to indemnify, defend and hold harmless Damalion its subsidiary and affiliated companies, and each of their respective directors, officers, employees, shareholders, consultants, and agents from and against any claims, damages, failures, liabilities, suits, proceedings, and expenses threatened, or filed by a third party against any of the indemnified parties,
(i) arising out of or about your use of the Services,
(ii) for any violation by Customer of the Agreements, the Policies, or any agreement related to the Services,
(iii) any breach of any representation, warranty, or agreement of clients, or
(iv) any acts or omissions of the client.
The terms of this category shall survive any termination of the Agreements.
Effect on the Parties
This Agreement shall be binding upon and inure to the benefit of the parties hereto. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits unless they are the respective heirs, successors, and assigns of the parties in this agreement.
Compliance with Local Laws.
Damalion makes no representation or warranty that the content available on this site or the Services We offer are ethical in every country or jurisdiction, and access to this site or Our Services from countries or jurisdictions where its content is illicit is prohibited. Users who access this site or use Our Services are responsible for compliance with all local laws, rules, and regulations.
All rights and limitations included in the Agreements may be exercised and shall be relevant and binding only to the extent that they do not violate any practical laws and are intended to be limited to the extent necessary so that they will not render the Agreements illicit, invalid, or unenforceable. If any provision or portion of any provision of the Agreements shall be held to be illicit, invalid, or unenforceable by a court of eligible jurisdiction, the parties intend that the remaining provisions or portions thereof shall include their agreement concerning the subject matter hereof, and all such remaining provisions or portions thereof shall stay in full force and effect.
This Agreement, together with all revisions, includes the complete and exclusive agreement between You and Us and supersedes and governs all previous proposals, agreements, or other communications. This Agreement may not be revised or modified by You except by means of a written document signed by both You and a credible representative of Us.
By applying for Our Services through the online application process or otherwise, or by using the Services under this Agreement, you admit that You have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
If you have questions about this Agreement, please contact us at firstname.lastname@example.org