Terms of Service
Dijitall.dk is a product operated by Dijitall IVS. Any use of Dijitall in the following document is referring to Dijitall IVS as well.
By using the Dijitall.dk website (the “Dijitall Site”) and any services accessible from the Dijitall Site, you are agreeing to be bound by the following Terms of Service (“Terms of Service”). If you do not agree to these Terms of Service, you cannot use the Dijitall Site or any services or products offered on the Dijitall Site or on any other platform, including mobile applications, offered by Dijitall (from here on known as the “Service” or “Services”). VIOLATION OF ANY OF THE TERMS OF SERVICE BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICE AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. Dijitall reserves the right to refuse service to anyone for any reason at any time.
Our License to You
Dijitall hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Dijitall Site, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms of Service. You may not permit the Dijitall Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Dijitall Site. All rights not expressly granted to you are reserved by Dijitall and its licensors. You shall not (i) modify or make derivative works based upon the Dijitall Site; (ii) reverse engineer or access the Dijitall Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Dijitall Site, or (c) copy any features, functions or graphics of the Dijitall Site. You further acknowledge and agree that, as between the parties, Dijitall owns all right, title, and interest in and to the Dijitall Site, including all intellectual property rights therein.
Your License to Us
By uploading Content to the Dijitall Site, you warrant, represent and agree that you have the right to grant Dijitall the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Dijitall reserves the right in its discretion to remove any Content from the Dijitall Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. Dijitall will not be responsible or liable for any use of your Content in accordance with these Terms of Service.
The Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, our services are not available to children under 13 years of age. If you do not qualify as an authorized user, you are not permitted to use the Services and no contract will be formed between you and Dijitall.
We do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
As a condition of your use of the Services, you agree to (a) provide Dijitall with true, accurate, current and complete information as prompted by the Dijitall registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy, and completeness of such information.
You are responsible for all activity occurring under your Accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Dijitall Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
You shall: (i) notify Dijitall immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Dijitall immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Dijitall Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Dijitall Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Dijitall Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Dijitall be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or broadcast elsewhere.
As a condition to your use of the Dijitall Site, you agree not to:
upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other websites, software or services;
phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Dijitall Site;
upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Dijitall Site;
reverse engineer, decompile or disassemble any of the software used to provide the Dijitall Site;
reproduce, duplicate or copy or exploit any other portion of the Dijitall Site, without the express written permission of Dijitall;
interfere with or disrupt the Dijitall Site, or any servers or networks connected to the Dijitall Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Dijitall Site;
obtain, collect, store or modify the personal information about other users;
modify, adapt or hack the Dijitall Site or falsely imply that some other site is associated with Dijitall
use the Dijitall Site for any illegal or unauthorized purpose. You must not, in the use of the Dijitall Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Dijitall, its users, and the public.
Feedback To The Site
When using the Dijitall Site, you may provide Dijitall with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Dijitall Site (collectively “Feedback”). You hereby grant Dijitall a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
Payment, Refunds, Upgrading and Downgrading
A valid credit card is required for paying Accounts. The Dijitall Site is billed in advance on a monthly basis and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for unused months with any open or active Account.
We will bill your first month immediately after you sign up for a paying Account. After signing up for a paying Account, you will be billed monthly thereafter. You will be billed for your first month immediately upon upgrading to a paying Account or a higher level Account. For any upgrade or downgrade in plan level, the credit card you provided will be charged a pro-rated fee for the new level and subsequent months billed at the full rate for the chosen plan level.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Danish taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.
DOWNGRADING YOUR Dijitall SITE PLAN MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. Dijitall DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Violation of these Terms of Service
Dijitall reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Dijitall may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Dijitall has no obligation to pre-screen or monitor your access to or use of the Dijitall Site or any information, materials or other content provided or made available through the Dijitall Site, but has the right to do so. You hereby agree that Dijitall may, in the exercise of Dijitall’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
Cancellation and Termination
You are solely responsible for properly canceling your account. You can cancel your account at any time by logging in to your account, going to My Account and complete the Downgrade process. You may cancel your payment plan but keep your account by logging in, going to My Account, and completing the Downgrade process. An email or phone request to cancel your account will not result in cancelation.
Any cancelation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Dijitall once your Account is canceled. Please be aware that Dijitall may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. Upon the commencement of a new Service period, the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.
Dijitall, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case, Dijitall may refuse to provide you any current or future use of the Dijitall Site, or any other Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Dijitall once your account is terminated; however Dijitall may for a time retain residual information in our backup and/or archival copies of our database.
Modifications to the Dijitall Site and Prices
Dijitall reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Dijitall Site and Service (or any part thereof) with or without notice.
Prices of all Dijitall Sites, including but not limited to monthly subscription plan fees to the Dijitall Site, are subject to change upon 30 days notice from Dijitall. Such notice may be provided at any time by posting the changes to the Dijitall Site.
Dijitall shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Dijitall Site.
Dijitall reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Dijitall Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Dijitall Site after any such changes shall constitute your consent to such changes.
Copyright and Content Ownership
All right, title, and interest in and to the Services (excluding Content provided by you), are and will remain the exclusive property of Dijitall and its licensors. The Services are protected by copyright, trademark, and other laws of both Denmark and foreign countries. Nothing in the Terms of Service gives you a right to use the Dijitall name or any of the Dijitall trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to Dijitall or its third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.
Disclaimer of Warranties
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE Dijitall SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. Dijitall AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Dijitall AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. Dijitall DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE Dijitall SITE WILL BE CORRECTED. Dijitall AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. Dijitall AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Dijitall SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Dijitall SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE Dijitall SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Technical support is only provided to paying Account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Dijitall OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR Dijitall SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Dijitall OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR Dijitall SITE, FROM INABILITY TO USE THE SERVICES OR Dijitall SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR Dijitall SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR Dijitall SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Dijitall SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Dijitall or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of the Services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Dijitall and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorney’s fees, of every kind and nature including but not limited to any liability arising from or resulting from your data imputed into Dijitall including infringement of intellectual property laws or civil or criminal claims. Dijitall shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
General Conditions of Use
These Terms of Service will be governed by and construed in accordance with Danish law, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Dijitall. Questions about these Terms of Service should be addressed to [email protected] Questions about billing should be addressed to [email protected]
What We Collect
We collect information on our users in various ways, such as, by your voluntary submissions, participation in the Company Services, from third parties, and through cookie and other tracking technology. We may collect the following information: 1) information that tells us specifically who you are, such as your name, phone number, email, postal address, and possibly information relating to certain support or customer service issues; 2) the Content, which includes the code, information, text, graphics, or other materials you submit through the Company Services; 3) general, non-personal, statistical information about the use of the Company Services, such as how many visitors visit a specific page, how long they stay on that page, and which hyperlinks, if any, they click on; 4) third party information; 5) cookies and other tracking technologies.
How We Use Your Information
We may use your information in a variety of ways, including: 1) for internal review; 2) to improve the Company website and Company Services; 3) to optimize third-party offers of products and/or services; 4) to verify the legitimacy of the Content; 5) to notify you about updates to the Company website and Company Services; 6) to let you know about products, services, and promotions that you may be interested in; 7) for our marketing purposes; 8) to fulfill and provide products and services, including personalized or enhanced services, requested by you; and 9) internal business analysis or other business purposes consistent with our mission.
We may use certain other information collected from you to help diagnose technical problems, administer the Dijitall Site, and improve the quality and types of services delivered. We may provide non-identifying and aggregate usage and volume statistical information derived from the actions of our visitors and Account holders to third parties in order to demonstrate the value we deliver to users.
The personal information we collect is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
Dijitall has implemented processes intended to protect user information and maintain security of data. Each Account holder is assigned a unique username and password, which is required to access their Account. It is each user’s responsibility to protect the security of his or her login information. We have attempted to protect Dijitall’s servers by locating in them areas with security procedures, using of firewalls and implementing other generally available security technologies.
These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data, but NO GUARANTEE CAN BE MADE THAT YOUR INFORMATION AND DATA WILL BE SECURE FROM INTRUSIONS AND UNAUTHORIZED RELEASE TO THIRD PARTIES.
Third Party Websites and Links
You may have cookies placed on your computer by third party websites that refer you to the Company website and Company Services. Although we do not share your personal information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with personal information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, the Company would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties’ privacy policies. While we support the protection of our customer’s privacy on the Internet, the Company expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties.
Cancellation or Termination of Your Account
If you choose to cancel your Account and leave the Company Services or your Account is terminated because of your breach of the Terms of Service, please be aware that the Company may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as reasonably practical.
Compliance with Children’s Online Privacy Protection Act
Dijitall does not target its offerings toward, and does not knowingly collect any personal information from users under 13 years of age.
Accessing and Updating Personal Data
When you use the Dijitall Site, we make efforts (in good faith) to provide you with access to your personal information and either to correct this data if it is inaccurate or to remove such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You may update your Account information by logging into your Account. When requests come to Dijitall with regard to personal information, we ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Dijitall may periodically update this policy. We will notify you about significant changes in the way we treat personal information by displaying a notice on the Dijitall Site. Each version of this Policy will be identified at the bottom of the page by its effective date.