TERMS OF USE OF THE DJANGO RALLY WEBSITE
Summary
C. Registration, Password, Security and Cookies
I. Links to Third Party Websites
L. Unsolicited Ideas and Submissions
M. Entire Agreement/Non-Waiver
P. Choice of Law and Jurisdiction
A. Standard and Applicability
1. Welcome to DJANGO RALLY. (“DJANGO RALLY”, or “we”, “us” and “we”). We operate this website (this " Site”) to provide you with access to our online information, products, services and opportunities (collectively, the “Services”). By accessing and using this Site, you acknowledge that you have read, understood, and consented, without limitation or qualification, to be legally bound by each of the terms and conditions defined herein (the "Terms of Use") and by our Privacy Policy, which will take effect upon your first use of this Site. Please review our Privacy Policy, which also governs your use of this Site, so that you understand our own practices. If you do not agree to be legally bound by any of these Terms of Use or our Privacy Policy, please do not access and/or use this Site.
2. Additional terms and conditions applicable to specific areas or sections of this Site or to specific content or transactions may also be set forth in other areas or sections of this Site, and together with these Terms of Use, govern your access and use of this Site and the Services presented. These Terms of Use, together with any applicable additional terms and conditions, are referred to as the “Agreement”.
3. We reserve the right at our own and absolute discretion to modify, rectify or change without prior notice or notice, this Agreement at any appropriate time by posting changes on this Site. Any modifications, changes or variations will be effective immediately upon posting on the Site. Your access to and use of this Site following such modifications or changes constitutes your agreement to remain and be legally bound by the Agreement. We may, with or without notice, terminate the rights granted by these Terms of Use. You shall immediately comply with any notice of termination or other notice, including, if applicable, by ceasing all use of this Site. We therefore recommend that you review these Terms of Use.
B. Use of the site
4. You may use (and, in specified instances where applicable, download) the Services, this Site, information, writings, images, software and/or other works that you see, hear or " Content") for your purposes for non-commercial and personal purposes and/or to inform you about our products and services.
5. You may not modify, broadcast, copy, derive another work from, disseminate, distribute, download, make available to the public, modify, list, restructure, reproduce, republish, transmit or otherwise use the Content in any other way except as expressly permitted by these Terms of Use and/or with our written consent. We reserve the right (but not the obligation) in our sole discretion to monitor, refuse or remove any Content available on this Site including, without limitation, any Content that violates these Terms of Use or that we find objectionable.
C. Registration, Password, Security and Cookies
6. If you need to register or open an account in any part of this site, you must provide us with accurate, complete and recent information. You may also need to choose a username and password. Please choose a personal password that no one can guess.
7. You agree not to reveal your password to anyone and not to authorize anyone to use your username or password for any purpose.
8. We may trace any access to or use of this Site at any time through the use of your username and password as access to or use of this Site by you, although it could have been used by no other person without your knowledge or authority.
9. You therefore agree that anyone who obtains your password or uses your password to access or use this Site or to transact (with or without your knowledge or consent), you:
(a) notify us immediately;
(b) at our request, give a statement to the police;
(c) provide us with any necessary information; and
(d) immediately change your password.
10. When you use this Site, we may distribute to your computer and request data known as "cookies" to facilitate research when you return to this Site. A cookie is a type of data that is sent from this Site to your Internet browser software, and is stored on your computer. Storing cookies does not damage your computer. You must not change the cookies sent to your computer from this Site and you must ensure that your computer sends accurate cookies in response to the relevant request from this Site.
D. Link to this Site
11. You have a limited, revocable and non-exclusive right to create a hyperlink to our home page so long as the link does not describe this Site or us in a defamatory, derogatory or offensive manner. Unless you obtain written permission from us, you may not use framing or framing techniques on this Site, the Services or the Content, or link "deep links" to this Site (i.e. (d. create links to this Site that skip the home page or other parts of this Site).
E. Possession and Intellectual Property
12. For the avoidance of doubt, no right, title or interest in any Content shall pass to you, whether as a result of your downloading such Content or otherwise. We remind you that all Content is our property and/or the property of our content providers and/or third-party licensors and is protected by applicable copyright laws. All rights reserved.
13. This Site includes a number of names, images, logos and/or signatures identifying us and our range of products and services, and third parties and their products and services. These are our intellectual property or the intellectual property of third parties who have authorized their use in this Site. Nothing contained in these Terms of Service shall be construed as conferring by application, estoppel or otherwise, any license or right to use our or any third party's intellectual property. You may not modify, translate, decompile, disassemble, engineer, or attempt to find the source code of our computer system and other technology that operates the Site or create derivative works based on this Site.
F. Software Downloads
14. Any software that may be downloaded from this Site is copyrighted by us and/or our licensors. Use of the software is governed by the license agreement delivered with the software. Downloading, installing, and/or using such software means that you agree to be legally bound by the terms of the end user license agreement.
G. Disclaimer of Warranties
15. Please note that this Site, the Services and the Content (including for this purpose any information about, of or of third parties or third-party products and services) and any software made available on this Site are provided on an "as available" basis, with respect that we offer no express or implied representations, warranties or authorizations. You assume full responsibility and all risks associated with the use of this site. We expressly disclaim all warranties and representations (whether express or implied by law) to the fullest extent permitted by law including implied warranties of accuracy, compatibility, completeness, health for a particular purpose, merchantability, non-infringement, satisfactory quality, safety and title, with respect to this Site, the Services, the Content, and any product or service offered or to be offered through this Site. All content downloaded, uploaded or otherwise obtained through this Site is done so at your own discretion and risk. You are solely responsible for evaluating the accuracy, completeness and usefulness of any opinions, advice, services, merchandise and other information offered on this Site or on the Internet generally.
16. We do not warrant that (a) the functions performed by this Site or the Services will be uninterrupted, timely, secure or error-free, or (b) that errors or defects in this Site or the Services, if any takes place, will be corrected, or (c) this Site or our server that makes it available will be free of viruses, or (d) the results that may be obtained from using this Site will be accurate or reliable, or (e) the quality of the products, services, information, other materials purchased or obtained by you through this Site will meet your expectations. We also cannot warrant or warrant that files downloadable from this Site are free of software viruses or other harmful computer code, files or programs.
H. Limitation of Liability
17. Under no circumstances shall we incur or assume any legal liability for the following losses or damages caused (whether such losses were foreseen, expected, known or otherwise, and regardless of the form or cause of the 'stock):
(a) loss of data;
(b) loss of revenue or anticipated profits;
(c) loss of business;
(d) loss of opportunity;
(e) loss of value or damage to reputation;
(f) losses suffered by third parties;
(g) consequential, special, or exemplary damages, arising out of
(h) regardless of whether we were advised of the possibility or circumstance of:
(i) the use of or inability to use this Site, the Services, or the Content;
(ii) any transaction conducted through or facilitated by this Site;
(iii) any claim attributable to errors, omissions, or other inaccuracies in this Site, the Services or the Content
(iv) unauthorized access to or alteration of your transmissions or data; or
(v) other questions about this Site, the Services or the Content.
18. If you are dissatisfied with the Site, the Services, the Content or the Terms of Use, your sole and exclusive remedy is to discontinue using it.
I. Links to Thirds Party Websites
19. Links on this Site to third party websites or information thereon are provided for your convenience. We do not operate or control these links or websites, and they may contain content posted on or through this Site by third parties. If you use these links or access such websites, please exit this Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party website or the information contained therein. We are not responsible for the availability of such websites, nor responsible for any other website or content or for errors or omissions in the content displayed in this Site, or the product or services of the hyperlinked websites or hyperlinks present in the hyperlinked websites, nor for the privacy and security practices employed by such other hyperlinked websites, and shall not be liable for any loss or damages incurred as a result of the use of posted content or content in emails or otherwise transmitted or shown through the Site, or resulting from access to such hyperlinked websites. If you use links to the websites of our affiliates or our service providers, you will leave this Site, and you will be subject to the Terms of Use and Privacy Policy applicable to those websites. You shall use this Site and any hyperlinked websites entirely at your own risk. You agree that to capture, creating hyperlinks, framing this Site or the Content are strictly prohibited. We reserve all rights to discontinue links to, or frames of any site which feature any objectionable, profane, libelous, obscene, indecent or unlawful subject matter, names, material or information or material or information that violates any written law, applicable intellectual property, ownership, rights of privacy or publicity.
J. Indemnity
20. You understand and agree to be personally responsible for your behavior on this Site. You agree to indemnify, defend and not sue us and our, parent, subsidiaries, affiliates, corporate partners, business partners, licensors, employees, representatives, and third party information or content providers and third party licensors to the Services, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and consequential damages), and legal costs on an indemnity basis, resulting from your use, misuse, or inability to use this Site, the Services, or the Content, or for your breaches or non-compliance with this Agreement.
K. Your Conduct
21. You agree to use this Site only for lawful purposes and in accordance with applicable laws and regulations. You agree not to take any action that could compromise the security of this Site, make this Site inaccessible to others, or cause damage to this Site, the Services or the Content. You agree not to add, subtract, or modify Content, or attempt to access Content that does not belong to you. You agree not to use this Site in any way that could interfere with the rights of third parties. You agree not to cause, or permit others to cause, annoyance, nuisance or inconvenience to us, our customers or other users of this Site by any means.
L. Unsolicited Ideas and Submissions
22. We do not accept or consider unsolicited ideas and information. This includes ideas and information about advertising campaigns, marketing strategies, products, technologies, services, processes, materials, or product names. This rule is necessary in order to avoid misunderstandings in the event that our business activities bear similarities to one or more of the thousands of unsolicited ideas offered to us. Notwithstanding our rule of action regarding unsolicited ideas and information, if you send us a request, opinion, suggestions, ideas, material, information or data (collectively, "Submissions") : (a) you agree, represent and undertake that you have the unfettered legal right to post a Submission and that it will not infringe or violate any applicable laws or the rights of any person or entity; (b) you agree, represent and covenant that your Submission does not constitute or contain any software virus, commercial solicitation, chain letter, mass mailing or form of "spam"; (c) your Submissions will automatically become our property, without payment or compensation; (d) we shall have no duty to return your Submission or respond; (e) we shall have no duty to keep your Submission confidential; (f) you grant us the Irrevocable, perpetual, transferable, fully sublicenseable, worldwide duty to use, reproduce, modify, adapt, publish, sell, assign, translate, distribute, create derivative works, and distribute and display Submissions in any form, media or technology, current or future, alone or as part of other works, without any restrictions whatsoever or liability on your part; and (g) you agree to indemnify us for all claims arising out of or relating to claims of rights in any Submission.
M. Entire Agreement/Non-Waiver
23. Unless otherwise expressly stated, these Terms of Use and our Privacy Policy constitute the entire agreement with respect to the subject matter hereof and supersede and govern any other proposal, agreement or other communications. No waiver (made by affirmative waiver or by delay or failure in enforcement) by us or by any breach or default shall be deemed to be a waiver of any prior or subsequent breach or default.
N. Rupture
24. In the event that any provision of the Terms of Service is held to be illegal or unenforceable, in whole or in part, under any applicable law, promulgation or regulation, such provision or part shall not be deemed not to form part of this Agreement but the validity and enforceability of the remainder of these Terms of Use shall not be affected.
O. Benefit of this Agreements
25. These Terms of Use are for our benefit and the benefit of our parent companies, subsidiaries, affiliates, corporate partners, business partners, licensors, directors, officers, employees, suppliers, licensors, representatives, and third-party suppliers of the third-party content or licensors to this Site. Each such person or entity shall have the right to assert and enforce these provisions directly against you on their own behalf.
P. Choice of Law and Jurisdiction
26. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Benin, and you hereby irrevocably consent to submit to the non-exclusive jurisdiction of the courts of the Republic of Benin any claim, dispute or question attached hereto.