DISPL website usage terms

This document acts as an agreed upon terms of website usage (the “Terms”) between you (the “User”,“you”) and Displayforce Global Limited, a company governed and construed under the laws of the Republic of Cyprus, having its registered office at 1 Iapetou Str, 4101 Agios Athanasios, Limassol, Cyprus, registered in the register of the Ministry of Energy, Commerce and Industry Department of Registrar of Companies and Intellectual Property under the number HE 433772, or others authorized by Displayforce Global Limited company(-ies) (the “Company”, “us” or “we”, or “DISPL”). You accept these Terms when you access Company’s websites: https://displ.com/, https://displayforce.ai/ (including all and any subdomains, collectively, the “Website”) and/or use Company’s services or any other features, technologies or functionalities offered by Company through the Website or through any other means (collectively, the “Services”).
These Terms shall enter into force as of the moment you first access the Website or use services. Should you disagree with any provision of these Terms, you shall cease using the Website or any Services immediately. The content of websites, accessible from hyperlinks on the Website, do not form an integral part of these Terms. If you are using services on behalf of any entity, you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for any damage arising out of a breach of these Terms by you or any other employee or agent of such entity(in such event, references to “you” in these Terms refer to you and such entity, jointly).
We will provide notice of any amendment to these Terms by posting any revised document on the Website and updating the “Last updated” field above accordingly, or by any other method we deem appropriate. We are not obligated to provide notice in any other method beyond these. Any change to these Terms will be effective immediately upon such notice and apply to any ongoing or subsequent use of the Website and Services.
‍By accessing the Website and/or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Website and/or use the Services.

1. COPYRIGHT

   All title, ownership rights and intellectual property rights in or relating to the Site and and/or using the Services, any information transmitted by, to or over the Site and information regarding use of the our Services will remain with the Company or its licensors. Nothing on the Site will be construed as conferring on any user any license, save as expressly set out herein, of any of the Company’s or any third party’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.
   DISPL^© is the registered trademark of Displayforce Global Limited. All other trademarks and all related titles, logos, characters and names used are the property of their respective owners. The materials provided by DISPL and contained on this Site are protected under various laws, including the copyright and trademark laws. Any reproduction, duplication, publication, further distribution or public exhibition of material provided on this Site, in whole or in part, is permitted after owners' confirmation. Any unauthorized use of materials on this Site may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
   You agree not to: (a)modify, adapt, reproduce, translate or create derivative works of the Site or our Services, or any data or content (including the third-party content, placed on the Site) provided through the Site or Services, or any portion thereof, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or Services; (b) remove any copyright notice, trademark, legend, logo or product identification from the Site or our Services; (c) misrepresent the other sites as the Company’s Site by co-opting the visual “look and feel” of or text from the Company’s Site or otherwise violate the Company’s intellectual property rights, including, without limitation, “scraping” text or images from the Company’s Site or the Company managed banners and/or text links, search marketing or all other online and offline campaigns, (d) edit, modify, filter, truncate or change the order of the information contained in any part of the Company’s Sites, or remove, obscure, or minimize any part of the Company’s Site in any way without authorization of the Company; or (e)make any commercial use of the Site or the Company’s logo, trademark or brand name in any way; (f) register any organizations, corporations, other business units in its own name or the name of its affiliates, if the name of such organizations includes in whole or in part words such as "DISPL", "DISPLAYFORCE", register domains, websites with such words.

2. QUALIFICATIONS OF USER IN ORDER TO USE THE WEBSITE

   You represent and warrant that you are at least eighteen (18) years of age, are legally entitled to use the internet and services like those provided by Company  and have not had your right to use services previously suspended or revoked by us.

3. ILLEGAL AND PROHIBITED USE

   You shall not use the Site and/or Services in any way, provide any information or content, or engage in any conduct in using the Site and/or Services that: (a) is unlawful, illegal or unauthorized, activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion; (b) is defamatory of any other person; (c) is obscene, sexually explicit or offensive; (d) advertises or promotes any other product or business; (e) is likely to harass, upset, embarrass, alarm or annoy any other person; (f) is likely to disrupt our Services in any way; or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (g) infringes any copyright, trademark, trade secret, or other proprietary right of any other person; (h) restricts or inhibits any other person from using our Servies, including, without limitation, by means of “hacking” or defacing any portion of the Site and/or Services; (i) disables, damages or alters the functioning or appearance of the Site and/or our Services; (j) “frames” or “mirrors” any part of the Site without our prior written authorization; (k)uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or Services or their contents; (l) harvests or collects information about other users without their express consent;  (m)sends unsolicited or unauthorized advertisements, spam, or chain letter to other users of the Site; (n) except as otherwise permitted by the Company in writing, open multiple accounts except as otherwise explicitly permitted by the Company; (o) conduct frequent, intensive trading with or without software or trading tools that are unauthorized by the Company; (p) transmits any content which contains software viruses, or other harmful computer code, files or programs; or (q)advocates, promotes or assists any violence or any unlawful act.
   You represent and warrant that you will not use the Website and/or Services for any criminal, illegal, or otherwise prohibited use, including (but not limited to) activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. You represent and warrant that you will not use our Website and/or services to assist any other party in such illegal activity. You represent and warrant that you will not in any way use the Website and/or Services to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Website’s underlying code or technical mechanisms; cause damage to the Website and/or Company through any means, including (but not limited to) through the use of hacking, malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, blockchain or/and cryptocurrency related attacks, attacks on private keys or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Website. You also agree not to transfer access to your Personal area (as defined below) or any other rights granted to you by these Terms.

4. WEBSITE USAGE TERMS

   Information on this Site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. DISPL may also make improvements and/or changes in the products offerings and/or the programs described on the Site at any time without notice. Pricing subject to change without notice.
   The information DISPL publishes on the World Wide Web may contain references or cross-references to DISPL products, programs, and services that are not announced or available in your country. Such references do not imply that DISPL intends to announce availability of such products, programs or services in your country.
   Consult your local DISPL contact for information regarding the products, programs and services, that may be available to you.  There are links on this Site that will permit you to travel to other third-party sites over which DISPL has no control. A link to a non-DISPL Website does not mean that DISPL endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to insure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
   When a user registers for certain DISPL programs and services, the user may be asked to provide contact information, demographic information, or other information. All the information provided by you on this Site will be kept confidential, and used only by the DISPL group of companies for communicating with you in an attempt to resolve an issue of service and technical support. Your information will not be transmitted to any third party, except for DISPL fulfillment partners under the appropriate NDA.
   DISPL does not warrant constant availability of this website. DISPL does not warrant that this site and its parts are free of errors and are compatible with your software or hardware.

5. REGISTRATION AND PERSONAL AREA

   The use of our Services may require you to create an account at the Website (“Personal area”) as it’s defined by DISPL End-user license agreement for “DISPL” software usage (https://displ.com/end-user-license-agreement). You agree to notify Company in the event that you discover or suspect any security breaches or vulnerabilities related to the Website or Services.

6. DAMAGES CAUSED BY VULNERABILITIES INHERENT IN THE INTERNET

   You agree that Company is not responsible whatsoever for any damages caused by the interception, loss or alteration of any information sent over the Internet. The company takes every reasonable precaution to prevent and mitigate attacks. However, these problems still may occur from time to time for reasons that are out of our control. If Company believes its Website or any Services has been compromised or is under attack, Company reserves the right to immediately stop all services provided through the Website and/or Website. Company makes no representation and does not warrant the safety of the Website and Services, and is not liable for any damages, lost value or stolen property, regardless of whether Company was negligent in providing appropriate security.

7. COMPANY DOES NOT PROVIDE LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE

   In no way should Our providing of Services and/or information, data or documents located at the Website be considered legal, financial or any other kind of specialized or expert advice on which the User might detrimentally depend, causing liability against Company. In using the Website and Services, you represent and warrant that you have sought any legal, financial or otherwise specialized advice from an expert qualified to provide such counsel, or else you have the sufficient knowledge and sophistication to evaluate the risks and merits associated with our Services and Website. You represent and warrant that you understand that any recommendations or commentary made by Company or its employees or other users should be considered generalized in nature, and you should use your own judgment or seek the advice of an expert before taking any action regardless of such statements. We give no assurance as to the accuracy or completeness of any such statement.

8. LICENSE

   Company grant You a limited, nonexclusive, nontransferable license(“License”) to access and use our Website. The right to access and use our Website shall not be deemed as right to use the DISPL Software, which shall be used under DISPL End-user license agreement for “DISPL” software usage. This License is subject to these Terms. Any other use of the Website not expressly permitted by these Terms is prohibited. All other rights are expressly reserved by Company and our licensors, including any content or functionality as presented on the Website or Services. Website, all logos related to services or displayed on the Website are trademarks or registered marks of Company or its affiliates/counterparties or relevant third parties. You will not redistribute, claim ownership, license, deconstruct, reverse engineer, alter, incorporate into any other works or websites, or otherwise exploit any such content or functionality without prior express written consent of Company.

9. TERMINATION

   We may terminate or suspend your License without prior notice or liability for any reason whatsoever, including (but not limited to) if you breach the Terms. Nothing in these Terms or in any other communication or action by Company or our employees, agents or representatives should be taken as a waiver of any legal remedies available for any event causing termination. All provisions of the Terms which by their nature should survive termination shall survive termination, including (but not limited to) ownership provisions, disclaimers or limitations of obligations or liability, and indemnity.

10. INDEMNIFICATION

    You agree to indemnify, exculpate and hold Company, its representatives, affiliates, employees and service providers harmless from any claim or demand permissible bylaw arising out of or related to the use of the Services and Website, including but not limited to any breach by you of these Terms or violation of any law, rule, or rights of a third party. You agree to pay for any legal fees or other costs that incurred by Company or any other indemnified parties as a result of your actions or omissions.

11. DISCLAIMER OF WARRANTS AND GUARANTEES

    Company does not guarantee any level of performance or the continued, uninterrupted availability of our Services and Website. We do not guarantee the accuracy of any information provided on the Website. We hereby disclaim all warrants and guarantees that not expressly made in these Terms.

12. APPLICABLE LAW AND VENUE

    The validity, interpretation, construction and performance of these Terms, and all acts and transactions pursuant hereto and the rights and obligations of the Parties here to shall be governed, construed and interpreted in accordance with the Laws of Cyprus, without regard to any conflict of law rules. These Terms, DISPL End-user license agreement for DISPL software usage and DISPL Privacy Policy are a single set of rules which regulate the relationships between you and Company. You cannot accept it to partially, this set of rules should be accepted in full. Should any conflict between these Terms, DISPL Privacy Policy and DISPL End-user license agreement for “DISPL” software usage, DISPL End-user license agreement for DISPL software usage shall prevail. The Parties have specially agreed that all disputes and differences, which may arise from this Agreement, shall be settled by the Parties only in a claim order. None of the Parties shall have the right to refer any such dispute and (or) difference to court without observance of such claim order. If any Party consider that its rights have been breached, it musts end to the other Party the claim, with substantiation of its position and with attachment of duly certified documents being the grounds for such position and unavailable for the other Party, by item of mail, courier service (UPS, TNT, DHL, etc.) or personally. If there is no reply from the other Party within thirty (30) days upon receipt of a claim by it or in case of refusal to satisfy a claim, a Party which considers its rights broken has the right to refer to court. If it is impossible to achieve an agreement between the Parties, any and all disputes, controversies and differences between the Parties arising out of or in connection with this Terms, including any questions regarding its existence, validity, or termination shall be referred to and finally resolved by arbitration administered by the Arbitration Service of the Cyprus Chamber of Commerce and Industry under the Arbitration Rules in force when the Notice of Arbitration is submitted. The number of arbitrators shall be three (3). The seat of arbitration shall be Cyprus, Limassol. The arbitration shall be held, and the award rendered, in English. The Parties agree that all arbitration proceedings conducted pursuant to this paragraph shall be kept strictly confidential, and all information disclosed in the course of such arbitration proceedings shall be used solely for the purpose of those proceedings.

13. SURVIVAL AND SEVERABILITY

    Any portion of these Terms that reasonably should survive the termination of your License or any other agreement is hereby agreed to do so. If any provision of these Terms is deemed illegal, invalid or otherwise invalid for any reason, then that provision will be severed, and the rest of these Terms will remain intact and enforceable.

14. INTEGRATION

    Our failure to exercise or enforce any rights or provisions of these Terms does not constitute a waiver of those rights or provisions. These Terms represent the entire and complete agreement between the User and Company, including any future modification of such documents, superseding any prior agreements or communications between you and us. Any ambiguities in these Terms shall be construed in the light most favorable to the Company.

15. ACT OF GOD

    Company’s performance under these Terms shall be excused if the failure of such performance is caused by forces beyond its reasonable control. This includes (but is not limited to) acts of God, acts of any government, war or civil unrest, severe weather, fire, natural disasters, political embargoes, terrorism, power or equipment failure, industrial or labor disputes or controversies, acts or omissions of any third party, or software failures.

16. CHANGE OF TERMS

    Company may amend these Terms at any time and in its own discretion by posting an updated version on the Website. The updated version becomes effective at the time of posting. It is your responsibility to check updates regularly.

17. Contact Us

    If you have any questions about these Terms, please contact us at support@displayforce.ai
    
    Last updated: April 8, 2024