Last updated Oct 2020
AGREEMENT TO TERMS
These
Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and UAB Nova natura / OÜ Nova natura (“we,” “us” or “our”),
concerning your access to and use of the novabio.ee / novabio.ee
website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected
thereto (collectively, the “Site”).
You
agree that by accessing the Site, you have read, understood, and
agree to be bound by all of these Terms and Conditions. If you do not
agree with all of these Terms and Conditions, then you are expressly
prohibited from using the Site and you must discontinue use
immediately.
Supplemental
terms and conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or
modifications to these Terms and Conditions at any time and for any
reason.
We
will alert you about any changes by updating the “Last updated”
date of these Terms and Conditions, and you waive any right to
receive specific notice of each such change.
It
is your responsibility to periodically review these Terms and
Conditions to stay informed of updates. You will be subject to, and
will be deemed to have been made aware of and to have accepted, the
changes in any revised Terms and Conditions by your continued use of
the Site after the date such revised Terms and Conditions are posted.
The
information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such
jurisdiction or country.
Accordingly,
those persons who choose to access the Site from other locations do
so on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
All
users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site. If
you are a minor, you must have your parent or guardian read and agree
to these Terms and Conditions prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless
otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair
competition laws of local and the European Union, foreign
jurisdictions, and international conventions.
The
Content and the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly provided in
these Terms and Conditions, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission.
Provided
that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights
not expressly granted to you in and to the Site, the Content and the
Marks.
USER REPRESENTATIONS
By
using the Site, you represent and warrant that:
(1)
all registration information you submit will be true, accurate,
current, and complete; (2)
you will maintain the accuracy of such information and promptly
update such registration information as necessary;
(3)
you have the legal capacity and you agree to comply with these Terms
and Conditions;
(4)
you will not access the Site through automated or non-human means,
whether through a bot, script, or otherwise;
(5)
you will not use the Site for any illegal or unauthorized purpose;
(6)
your use of the Site will not violate any applicable law or
regulation.
If
you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any
portion thereof).
USER REGISTRATION
You
are required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion,
that such username is inappropriate, obscene, or otherwise
objectionable.
PROHIBITED ACTIVITIES
You
may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
- systematically
retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
- make
any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
- use
a buying agent or purchasing agent to make purchases on the Site.
- use
the Site to advertise or offer to sell goods and services.
- circumvent,
disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Site
and/or the Content contained therein.
- engage
in unauthorized framing of or linking to the Site.
- trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords;
- make
improper use of our support services or submit false reports of
abuse or misconduct.
- engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.
- interfere
with, disrupt, or create an undue burden on the Site or the networks
or services connected to the Site.
- attempt
to impersonate another user or person or use the username of another
user.
- sell
or otherwise transfer your profile.
- use
any information obtained from the Site in order to harass, abuse, or
harm another person.
- use
the Site as part of any effort to compete with us or otherwise use
the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
- decipher,
decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
- attempt
to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
- harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
- delete
the copyright or other proprietary rights notice from any Content.
- copy
or adapt the Site’s software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
- upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Site.
- upload
or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
- except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
- disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use
the Site in a manner inconsistent with any applicable laws or
regulations.
USER
GENERATED CONTRIBUTIONS
The
Site may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively,
"Contributions").
Contributions
may be viewable by other users of the Site and through third-party
websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
- the
creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
- you
are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Site, and other users of the Site to use your Contributions in any
manner contemplated by the Site and these Terms and Conditions.
- you
have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use
the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms and Conditions.
- your
Contributions are not false, inaccurate, or misleading.
- your
Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
- your
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
- your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- your
Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against
another.
- your
Contributions do not violate any applicable law, regulation, or
rule.
- your
Contributions do not violate the privacy or publicity rights of any
third party.
- your
Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under
the age of 18 in a sexual or violent manner.
- your
Contributions do not violate any law concerning child pornography,
or otherwise intended to protect the health or well-being of minors;
- your
Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
- your
Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms and Conditions, or any
applicable law or regulation.
Any
use of the Site in violation of the foregoing violates these Terms
and Conditions and may result in, among other things, termination or
suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By
posting your Contributions to any part of the Site, you automatically
grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache, publicly
perform, publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and
grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media
channels.
This
license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We
do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on
the Site.
You
are solely responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all responsibility and
to refrain from any legal action against us regarding your
Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize
any Contributions to place them in more appropriate locations on the
Site; and (3) to pre-screen or delete any Contributions at any time
and for any reason, without notice. We have no obligation to monitor
your Contributions.
GUIDELINES FOR REVIEWS
We
may provide you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following criteria:
(1)
you should have firsthand experience with the person/entity being
reviewed;
(2)
your reviews should not contain offensive profanity, or abusive,
racist, offensive, or hate language;
(3)
your reviews should not contain discriminatory references based on
religion, race, gender, national origin, age, marital status, sexual
orientation, or disability;
(4)
your reviews should not contain references to illegal activity;
(5)
you should not be affiliated with competitors if posting negative
reviews;
(6)
you should not make any conclusions as to the legality of conduct;
(7)
you may not post any false or misleading statements;
(8)
you may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We
may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even
if anyone considers reviews objectionable or inaccurate. Reviews are
not endorsed by us, and do not necessarily represent our opinions or
the views of any of our affiliates or partners.
We
do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sublicensable right and
license to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If
you access the Site via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install
and use the mobile application on wireless electronic devices owned
or controlled by you, and to access and use the mobile application on
such devices strictly in accordance with the terms and conditions of
this mobile application license contained in these Terms and
Conditions.
You
shall not:
(1)
decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the application;
(2)
make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the application;
(3)
violate any applicable laws, rules, or regulations in connection with
your access or use of the application;
(4)
remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of
the application;
(5)
use the application for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or
intended;
(6)
make the application available over a network or other environment
permitting access or use by multiple devices or users at the same
time;
(7)
use the application for creating a product, service, or software that
is, directly or indirectly, competitive with or in any way a
substitute for the application;
(8)
use the application to send automated queries to any website or to
send any unsolicited commercial e-mail;
(9)
use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or
devices for use with the application.
Apple and Android Devices
The
following terms apply when you use a mobile application obtained from
either the Apple Store or Google Play (each an “App Distributor”)
to access the Site:
(1)
the license granted to you for our mobile application is limited to a
non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the applicable
App Distributor’s terms of service;
(2)
we are responsible for providing any maintenance and support services
with respect to the mobile application as specified in the terms and
conditions of this mobile application license contained in these
Terms and Conditions or as otherwise required under applicable law,
and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with
respect to the mobile application;
(3)
in the event of any failure of the mobile application to conform to
any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms
and policies, may refund the purchase price, if any, paid for the
mobile application, and to the maximum extent permitted by applicable
law, the App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application;
(4)
you must comply with applicable third-party terms of agreement when
using the mobile application, e.g., if you have a VoIP application,
then you must not be in violation of their wireless data service
agreement when using the mobile application;
(5)
you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application
license contained in these Terms and Conditions, and that each App
Distributor will have the right (and will be deemed to have accepted
the right) to enforce the terms and conditions in this mobile
application license contained in these Terms and Conditions against
you as a third-party beneficiary thereof.
SUBMISSIONS
You
acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You
hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you
have the right to submit such Submissions. You agree there shall be
no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY
WEBSITES AND CONTENT
The
Site may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party
Content").
Such
Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third-Party Websites
accessed through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the
Third-Party Content.
Inclusion
of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the
Site and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be
aware these Terms and Conditions no longer govern.
You
should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate
from the Site or relating to any applications you use or install from
the Site. Any purchases you make through Third-Party Websites will be
through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party.
You
agree and acknowledge that we do not endorse the products or services
offered on Third-Party Websites and you shall hold us harmless from
any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by
you or harm caused to you relating to or resulting in any way from
any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We
reserve the right, but not the obligation, to:
(1)
monitor the Site for violations of these Terms and Conditions;
(2)
take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms and Conditions, including
without limitation, reporting such user to law enforcement
authorities;
(3)
in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof;
(4)
in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way burdensome to
our systems;
(5)
otherwise manage the Site in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We
care about data privacy and security. Please review our Privacy
Policy posted on the Site. By using the Site, you agree to be bound
by our Privacy Policy, which is incorporated into these Terms and
Conditions.
COPYRIGHT INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe
that any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify us using the
contact information provided below (a “Notification”). A copy of
your Notification will be sent to the person who posted or stored the
material addressed in the Notification.
Please
be advised that pursuant to law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you
are not sure that material located on or linked to by the Site
infringes your copyright, you should consider first contacting an
attorney.
TERM AND TERMINATION
These
Terms and Conditions shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND
CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS
AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party.
In
addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND
INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on
our Site. We also reserve the right to modify or discontinue all or
part of the Site without notice at any time.
We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We
cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays,
or errors.
We
reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site at any time or for any reason without
notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or
use the Site during any downtime or discontinuance of the Site.
Nothing
in these Terms and Conditions will be construed to obligate us to
maintain and support the Site or to supply any corrections, updates,
or releases in connection therewith.
CORRECTIONS
There
may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Site, including
descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any
time, without prior notice.
DISCLAIMER
THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1)
your Contributions; (2) use of the Site; (3) breach of these Terms
and Conditions; (4) any breach of your representations and warranties
set forth in these Terms and Conditions; (5) your violation of the
rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user
of the Site with whom you connected via the Site.
Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
USER DATA
We
will maintain certain data that you transmit to the Site for the
purpose of managing the Site, as well as data relating to your use of
the Site. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates
to any activity you have undertaken using the Site.
You
agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
By submitting your personal information via creating an account you agree to receive NOVA newsletters.
ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing.
YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE.
You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
MISCELLANEOUS
These
Terms and Conditions and any policies or operating rules posted by us
on the Site constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision
of these Terms and Conditions shall not operate as a waiver of such
right or provision.
These
Terms and Conditions operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control.
If
any provision or part of a provision of these Terms and Conditions is
determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms and
Conditions and does not affect the validity and enforceability of any
remaining provisions.
There
is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms and Conditions
or use of the Site. You agree that these Terms and Conditions will
not be construed against us by virtue of having drafted them.
You
hereby waive any and all defenses you may have based on the
electronic form of these Terms and Conditions and the lack of signing
by the parties hereto to execute these Terms and Conditions.
CONTACT
US
In
order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
UAB
NOVA NATURA
Chemijos g. 11, LT-51347
Kaunas,
Lithuania
+370
(620) 70159
nova@novabio.ee
OÜ NOVA NATURA
Kanali tee 6, 10112
Tallinn, Estonia
+372 5656 0050
nova@novabio.ee
