Terms of Service (the “Terms”)

These Terms govern your use of Services (as defined below), our website https://davooda.com/ (the “Website”), owned and operated by Siarhei Pratasavitski, NIP 1133073168, REGON 523267617 (acting under the name “Davooda”, “we”, or “us”).

ABOUT THESE TERMS; CONSENT

1. These Terms, together with the Privacy Policy, and any other policy made available on the Website, is a binding contract between you (“Customer” or “you”) and Davooda.
2. By accessing or using our Website and Services (as defined below), you hereby agree to be bound by these Terms, Privacy Policy, any other policy made available on the Website, and all applicable laws and/or regulations, which may be in effect from time to time, and you agree that you are responsible for this compliance.
3. Your access and use of Services is subject to the Privacy Policy, and any additional terms disclosed and agreed to by you if you purchase any additional services or products from us. Such terms are and will be incorporated by reference. If you do not wish to be bound by Privacy Policy, and any additional terms, you should not use our Services or purchase our Products.
4. Davooda reserves the right to unilaterally revise these Terms and all linked content from time to time, at its sole discretion, by updating this posting or linked content. Unless otherwise stated, the revised Terms will enter into force immediately. By continuing to use Services or purchasing our Products after modifications enter into force, the Customer indicates to agree to be bound by such modifications.

DEFINITIONS

In these Terms the following capitalized terms have the following definitions:

• “Account” means the account you open when you register on the Website.
• “Affiliate” means, with respect to either party, any other entity directly or indirectly controlling, controlled by, or under common control with such party (“control”); and “control” means, with respect to either party, the possession, directly or indirectly, of the power to direct the management and policies of such entity, through the ownership of voting securities or otherwise; “control” also means having a contractual arrangement with an individual or entity to perform administrative, managerial, group purchasing or similar services on behalf of the individual or entity.
• “Service” as defined in clause 3.1 below.
• “Customer”, “you” or “your” means a visitor of the Website, or a customer of our Services.
• “Visual Content” means any images, photos, and other visual content that can be purchased on the Website.

DESCRIPTION OF SERVICES; GRANT OF RIGHTS

• Davooda operates, hosts, and manages the Website, and performs services that enable you to purchase Visual Content (the “Services”). Davooda grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use Services if you fully comply with these Terms.
• Davooda provides Services and sells Visual Content through the Website, using means of remote communication.
• The Website is serving Customers globally.

ELIGIBILITY

• Our Website and Services can be used by an individual above eighteen (18) years of age.
• Any use of our Services for commercial purposes is strictly prohibited unless the Customer enters into a separate written agreement for commercial use with Davooda.

INTELLECTUAL PROPERTY; PERMITTED USE OF VISUAL CONTENT

• All content that is displayed on this Website which can be (without limitation), photos, images, digital and other visual art, and related metadata (jointly, the “Visual Content”) are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties.
• Subject to your proper purchase of the general license for Visual Content, you are allowed to use Visual Content for your personal and non-commercial use (not for deriving any profit from resale or distribution) and download up to 50 icons/images.

RESTRICTIONS ON USE

You should not use Visual Content without an explicit consent of Davooda which it can only give in written under a separate license agreement. Any Davooda Content or other content on the Website does not constitute Davooda’s permission unless you get a proper license.

Except as otherwise explicitly provided in these Terms, you will not:

• use Services for any illegal purpose or in violation of laws and regulations;
• harass, bully, stalk, intimidate, assault, defame, harm, or otherwise abuse or cause psychological harm to any Customers or entities;
• publish or share any Restricted Content as defined below;
• use another Customer’s account or solicit passwords;
• disclose proprietary or personal information of Customers without their consent;
• reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of Services or its technological features or measures;
• rent, lease, sell, resell, loan, distribute, or sublicense access to any of Services;
• circumvent or disable any security or technological features or measures of Services;
• use Davooda’s intellectual property rights or Visual Content without express prior written authorization or in violation of these Terms;
• copy, distribute, or resell any of the information; Visual Content; any audio, visual, and audiovisual works, or other content made available on Services or compile or collect any content as part of a database or other work;
• use any automated tool (e.g., robots, spiders, crawler) to access or use Services, or to store, copy, modify, distribute, or resell any Services;
• upload viruses, or other malicious code or otherwise compromise the security of our Services;
• circumvent or disable any rights management, usage rules, or other security features of Services;
• use Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, Services; or
• remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of Services or any content.

Davooda does not allow to remove, alter, or obscure any proprietary or copyright notices in Davooda Content without our permission.

If the Customer breaches any of these terms and conditions, the Customer’s right to use Services will be suspended or terminated in accordance with these Terms. In addition, using our Visual Content without permission constitutes copyright infringement and entails liabilities as set out in applicable law.

CUSTOMER CONTENT

• For any image, footage, text, or any other visual content that you make available, post or upload to the Website, you represent and warrant that: (i) you have all necessary rights, powers, and authority to make available such content to the Website and grant the licenses set forth herein; (ii) Davooda will not need to obtain licenses from any third party or pay royalties to any third party with respect to such content; (iii) your content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) your content does not violate these Terms or any applicable laws.
• You are solely responsible for ensuring that you have all rights, powers, and authority necessary to upload your content to the Website. Davooda is not liable for any failure, delay or fault in your content being uploaded to the Website.
• By uploading your content, except for personal data which is governed by our Privacy Policy, you grant an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Davooda to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of your content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Website and the provision of any Services. You confirm and warrant to Davooda that you have all the rights, power, and authority necessary to grant the above license. You shall not post or provide any confidential information. The above licenses will continue unless and until you remove your content from the Website, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
• Any content found to be in breach of these Terms shall be promptly removed, and such breach may warrant the termination and/or deletion of your Account without prior notification. Should you encounter any content which you suspect violates these Terms, we encourage you to report it to us.
• Davooda may, at its discretion, engage in the monitoring, review, or alteration of any content, although it is not bound by obligation to do so. Davooda reserves the exclusive right to expunge any material published or uploaded on the Website that it reasonably discerns as unlawful, potentially entailing liability for Davooda or other Customers, contravening these Terms, or deemed inappropriate at the discretion of Davooda.
• Davooda may be obliged to cooperate with governmental authorities, private investigators, and/or aggrieved third parties in the investigation of any suspected criminal or civil transgressions. Further, you agree that Davooda may share your account information, including your content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with any legal investigation; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of Davooda, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
• You may not use any Visual Content for any purpose without first obtaining a relevant license. Any use of Visual Content by you shall be governed by the applicable license agreement separately entered into between you and Davooda.

RESTRICTED CONTENT; REPORTING

Customers shall not make available, post or upload to the Website any content or other material (the “Restricted Content”) that:

• violates any applicable law or regulation, including any third party intellectual property rights;
• is obscene, sexually explicit, pornographic, unethical, defamatory, libelous, fraudulent, vulgar, discriminatory or otherwise inappropriate in nature;
• contains viruses, spyware, adware, pirated software; digital rights protection circumvention or hacking tools, spamming tools or any other harmful code or activity that could, in an impermissible manner, access or use, impair or injure any data, devices, computer systems, or software;
• endorses or encourages violence, hatred, revenge, racism, sexism, victimization, discrimination of any kind;
• is sent without a proper authorization or consent by a licensor; or
• solicits login information belonging to someone else.

Davooda will not be liable for any breach of these Terms or liability incurred by you as a direct or indirect result of circumstances which are, in whole or part, outside of the reasonable control of Davooda or to the extent that you failed to mitigate such liability.

You acknowledge and agree that if at any time circumstances arise which would reasonably be expected to compromise the security of the Website or the provision of Services, Davooda may suspend all or part of Services immediately and until security has been restored. In such an event, Davooda and you must use their best endeavours to resolve such issues in order to reinstate Services at the earliest possible opportunity.

We aim to create a positive community and do not tolerate inappropriate behavior. We expect that all our Customers will respect our rules.

If you notice any disrespectful or inappropriate behavior, we encourage you to report it. We will investigate all the circumstances and may take necessary actions against those Customers who violate our Terms.

REGISTRATION

In order to use Services, you must:

• complete the registration process through the Website and set up an Account;
• agree to the terms set out in these Terms; and
• provide true, complete and up to date contact information.

Each time you access the Website and use Services, you represent and warrant that there have been no changes to the information provided above. Davooda may refuse to provide Services, close your Account if there has been a material change to the information provided above.

You must not allow any person to access your Account or use Services through your Account other than Customer. All Services are personal to you. You acknowledge and agree that you are solely responsible for all activity that occurs on or with your Account.

We keep your personal data safe and confidential as described in the Privacy Policy.

The Customer shall be responsible for the security of the Account on the Website and keep their username and password confidential. You shall be solely responsible for any actions (and their consequences) in and with Services through your Account, including any transactions made through it.

In the event that the Customer provides incorrect or inaccurate data, including in particular an incorrect or inaccurate address, Davooda will not be liable for any failure to deliver or delay in the delivery of the Goods or the failure to perform the Service, to the fullest extent permitted by law.

WEBSITE AND SERVICES AVAILABILITY

Davooda uses commercially reasonable efforts to maintain our Website and Services on twenty-four (24) hours a day, seven (7) days a week basis. We provide 99% of our Website and Services availability annually. However, our Website and Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance, repairs, or replacements that we undertake from time to time. Our Website and Services can be unavailable due to causes beyond our reasonable control, such as failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures.

FEES; SUBSCRIPTIONS AND PAYMENT

• Certain Visual Content is offered for free. We also make available Visual Content that you can purchase for a fee, and/or buy a monthly or annual subscription.
• All fees are indicated on the Website. We may change any fee from time to time and will update you by placing revised fees on our Website. Davooda can increase, adjust and change prices at any time and without any notice.
• We use Stripe as a payment method.
• To the extent any amounts owed under these Terms cannot be collected from your payment method(s), you are solely responsible for paying such amounts by other means.
• The Customer will be solely responsible for payment of any taxes, duties, or levies as applicable to your purchase.
• You may cancel your subscription a day before the renewal date, otherwise we will bill for the next subscription using the payment method you provided us with.
• In the inability to fulfill the Customer's order for any reason, Davooda will inform the Customer by sending information to their e-mail address within 7 (seven) days from the order date.

REFUND POLICY

• Davooda may consider giving a refund if you submit your refund request stating a reason for the request within 14 days after the date of your purchase.
• Davooda will review the refund request and provide a refund if:
  • the Customer did not mean to make the purchase;
  • a child/minor made the purchase without the Customer’s permission;
  • Visual Content is faulty or defective.
• After the first 14 days you will not be eligible for a refund (or any alternative remedy) unless Visual Content is faulty or defective.

PROPRIETARY RIGHTS

• Davooda is the sole owner and lawful licensee of all rights, title, and interests available on the Website and Services. You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other worldwide laws. All title, ownership and intellectual property rights on the Website, Services, and its content shall remain with Davooda, our Affiliates, or licensors of the Website content, unless otherwise stated in these Terms. All rights not otherwise claimed under these Terms or by Davooda are hereby reserved.
• You further acknowledge and agree that the Website and Services are protected by copyrights, trademarks (whether registered or being under registration), service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Davooda or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on Services, such content, or the Website, in whole or in part.
• We may use services of third parties involved in the provision of Services. You may not violate proprietary rights and use any trademark, service mark, or logo of such independent third parties without prior written approval from such parties.

THIRD-PARTY SERVICE

Our Website may display, or contain links to, third-party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties, or which is accessible through or may be located using the Website or our Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.

We do not control Third-Party Content and do not guarantee the accuracy, integrity, or quality of such Third-Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third-Party Content or any information or materials advertised on the Website. By using our Website or Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third-party service or Third-Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Products.

DISCLAIMER

Your use of Services, or items obtained through them is at your own risk. Services are provided on an “as is” and “as available’ basis, without any warranties of any kind, either express or implied. Neither Davooda nor any Affiliate or person associated with Davooda makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website and Services. Without limiting the foregoing, neither Davooda nor anyone associated with Davooda represents or warrants that Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected.

Davooda hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

INDEMNIFICATION

To the full extent permitted by applicable law, the Customer shall defend, indemnify and hold harmless Davooda (and our directors, owners, officers, managers, assigns, employees, consultants, and agents), its Affiliates, and its licensors, and each of their respective employees, officers, directors, and representatives from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to any third party claim concerning: (a) Customer’s use of Services; (b) Customer’s breach of these Terms, Privacy Policy, or violation of applicable law; (c) breach of any obligation or duty the Customer owes to a third party.

LIMITATION OF LIABILITY

DAVOODA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM CUSTOMER’S USE OF SERVICES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF DAVOODA ARISING OUT OF OR RELATED TO THE CUSTOMER’S USE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS THAT THE CUSTOMER HAS PAID TO DAVOODA DURING THE PRIOR 12 MONTHS UNDER THESE TERMS.

TERM, SUSPENSION AND TERMINATION

These Terms will remain in full force and effect while the Customer uses Services.

We reserve the right to restrict your access (with or without notification to you), temporarily or indefinitely, suspend Services if:

• you breach these Terms or other policies;
• we believe that your actions may cause any loss or liability to any third parties, our Affiliates, or to us; or
• we suspect or become aware that you have provided false or misleading information to us.

Any terms and conditions of these Terms that may survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You can delete your Account in Account settings at any time.

EFFECT OF TERMINATION

You will promptly cease use of Services and promptly irretrievably destroy all content from Services and/or all proprietary data of Davooda obtained as a result of these Terms during any period of suspension, or upon termination of these Terms.

ACCESS TO SERVICES

Davooda does not provide the Customer with the equipment to use Services. The Customer is responsible for all fees charged by third parties related to the use of Services (e.g., charges by Internet service providers).

The Customer is responsible for monitoring the use of Services, including payment of all fees and/or taxes related to such access and use. The Customer agrees that Davooda is permitted to request and the Customer hereby consents to provide Davooda information related to your use of Services for auditing purposes.

NOTIFICATIONS

The Customer hereby consents to electronically receive and access, via email or the Website, all records and notices for Services provided to the Customer under these Terms that Davooda would otherwise be required to provide to the Customer in paper form. However, Davooda reserves the right, in its sole discretion, to communicate with the Customer via mail services using the address under which the Account is registered.

APPLICABLE LAW

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to conflict of law principles.

Notwithstanding the specified agreement on jurisdiction, the Customer and Davooda shall, if any dispute arises, attempt to settle it by mutual negotiations.

NEWSLETTERS

The Customer may consent to receive commercial information, including commercial information sent by electronic means, by selecting the appropriate option in the registration form or on the Website. In the case of such consent, the Customer will receive Davooda’s newsletter to the e-mail address provided by the Customer.

The Customer may unsubscribe from the newsletter at any time.

MISCELLANEOUS

Invalid Provision. If any provision of these Terms is held to be invalid, non-binding, or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and purpose of these Terms.

Entire Agreement. These Terms, including any applicable Privacy Policy, constitute the entire and exclusive understanding and agreement between the Customer and Davooda regarding its subject matter.

Assignment. Except as expressly provided in these Terms, neither party may assign any of its rights or obligations under this Agreement without the other party’s prior written consent, which consent shall not be unreasonably withheld. Failure to obtain such prior written consent shall render any attempted assignment void and of no force and effect. Notwithstanding the foregoing, Davooda may assign, in whole or in part, its rights or obligations pursuant to these Terms to: (i) an Affiliate; (ii) any entity in connection with a divestiture, sale, merger or transfer of lines of business, divisions or business units.

Force Majeure. Neither party will be liable for delays or any failure to perform under these Terms due to causes beyond its reasonable control and to the extent not occasioned by the fault or negligence of the delayed party, including fire; explosion; flood or other natural catastrophe; governmental legislation, acts, orders, or regulation; terrorist acts; or strikes or labor difficulties (each a “Force Majeure Event”). Any delay as a result of a Force Majeure Event shall last only as long as the Force Majeure Event remains beyond the reasonable control of the delayed party; provided, however, that the delayed party shall use its best efforts to minimize the delays caused by any such Force Majeure Event.

Subcontractors. Davooda may use subcontractors, provided that Davooda remains responsible for their compliance with these Terms and for its overall performance under these Terms.

Contact us

For any queries or suggestions, please contact our Customer Care at: info@davooda.com