Acceptance of the Agreement
DESMOS operates the Website subject to the Agreement. By using the Website, you acknowledge and agree to be bound by the Agreement, as it may be modified and posted on the Website from time to time.
If you are an individual accepting the Agreement on behalf of a business or other entity, you warrant that you are authorized to accept the Agreement on behalf of such business or other entity and that said business or entity will be bound by the Agreement.
DESMOS reserves the right to modify the Agreement from time to time in its sole discretion by posting the revised Agreement on the Website. By continuing to use the Website after such changes are posted, you acknowledge and agree to be bound by the Agreement as modified.
When you create an account or subscribe to DESMOS’s newsletter or as a volunteer, you will be asked to provide certain personal information, indicatively such as your name and contact information (collectively, your “Registration Information”). When you create an account, you will also need to select a username and password (collectively, your “User Credentials”).
You acknowledge and agree that:
The Registration Information is accurate, truthful and complete at the time provided, and you will update such information within 3 business days from any change to such information;
your User Credentials are for your personal use only and may not be shared with or transferred to any third party;
you are exclusively responsible for the security and confidentiality of your User Credentials and for all use of the Website in connection with your User Credentials, with or without your knowledge;
you will log out of the Website at the end of each session and will notify DESMOS promptly if you learn of any unauthorized use of your User Credentials or any other breach of security regarding the Website that comes to your attention, at firstname.lastname@example.org;
If you are accepting this Agreement on behalf of a business or other entity, you represent and warrant that you have the right to submit the Registration Information on behalf of that business or other entity;
DESMOS cannot control use or misuse by others of the Registration Information.
When you make a donation to DESMOS through the Website, you may pay by credit or debit card, by using PayPal, or bank transfer. If your donation is accepted, DESMOS will confirm acceptance of your donation by sending a confirmation email to the email address you provide.
You represent and warrant that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds to cover any donation you make. DESMOS reserves the right to obtain validation of your credit or debit card details or verification of the authenticity and ownership of these payment methods before taking any other steps to process your donation.
By making a donation through the Website, you acknowledge and agree that you are at least eighteen years of age.
Your use of the Website
You acknowledge and agree that:
In order to use the Website, you have first agreed to comply with the Agreement and all applicable laws, rules, and regulations.
You will not post, transmit, distribute, publish, use, or otherwise make available, through or in connection with the Website:
– anything that is or may be threatening, harassing, degrading, defamatory, fraudulent, tortuous, obscene, indecent, pornographic, offensive, or otherwise objectionable, in all cases as determined by DESMOS in its sole discretion;
– anything that infringes upon copyright, trademark, design, trade secret, privacy, publicity, data protection, or moral rights, or any other proprietary rights of any third party without authorization from the owner of the respective rights;
– anything that would give rise to criminal or civil liability;
– anything that encourages violence or other conduct that constitutes a criminal offense;
– any hardware, software, virus, worm, Trojan horse, spyware, or other computer code, file, or program that may harm DESMOS or invade, harm, disrupt or hijack the operation of the Website;
– any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” or any other form of solicitation.
You will not use the Website to:
engage in unlawful activities of any kind;
defame, abuse, harass, stalk, threaten or otherwise violate the rights of others;
interfere with or disrupt the operation of the Website or any servers, hardware, or software used in connection with the Website.
You will not, without DESMOS’s express written consent:
reproduce, duplicate, copy, sell, resell, distribute, lease, rent, loan, (re)/(sub)license, publish, display, create derivative works based (whether in whole or in part) on, or otherwise exploit for any commercial purposes, or for any other purposes, any element of the Website, including any materials and information made available on or through the Website;
modify, adapt, translate, reverse engineer, decompile, recompile or disassemble any element of the Website;
remove any copyright, trademark or other proprietary rights notice from the Website or any materials made available on or through the Website;
download Website content to create a separate database;
use any robot, spider, website search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” “harvest” or in any way gather Website content, or reproduce or circumvent its navigational structure or presentation;
advertise, promote, market, or offer to sell or buy any goods or services on or through the Website;
use the Website to solicit funding, grants, or financial assistance of any kind without DESMOS’ prior authorization in writing.
Subject to your compliance with the Agreement, DESMOS hereby grants to you a limited, non-exclusive, non-transferable and revocable license to access and use the Website and download and print the materials and information made available on or through the Website solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact on such materials and information. You may not (re)publish such materials or information on any other website or elsewhere, or incorporate the materials or information in any other means, database or compilation. Any other use of the Website or materials and information is strictly prohibited. DESMOS and its licensors and third-party providers reserve all rights not expressly granted in and to the Website and its materials and information and all intellectual property rights therein (including the trademarks and service marks on the Website). You acknowledge and agree that the license granted herein does not confer any ownership rights whatsoever in the Website or any of the materials and information made available on or through the Website.
The Website and the materials and information made available on or through the Website are and shall remain the sole and exclusive property of DESMOS and its licensors and third-party providers, and are protected by copyright, trademark, patent, and/or other proprietary rights laws (the “Proprietary Rights”).
You acknowledge that you have no right, title or interest in and to the Proprietary Rights. You may not use, copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate or interfere with the Intellectual Property in any way, without the owner’s express prior written consent. Except as expressly provided herein, nothing contained on the Website should be construed as granting any license or right to use or any other express or implied rights to any of DESMOS’, its licensors’ and/or third-party providers’ Proprietary Rights. Actual or attempted illegal or unauthorized use of the Proprietary Rights is strictly prohibited and may result in criminal and/or civil prosecution. Unless otherwise provided herein, it is explicitly forbidden to modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information made available on or through the Website, including but not limited to text, graphics, video, messages, code, logos, trademarks and/or software without DESMOS’s prior written consent, for any other purpose except where expressly permitted to do so.
This clause shall survive any termination of the Agreement.
Changes to the Website
Disclaimer/Limitation of Liability
The Website and the materials and information made available on or through the Website are provided on an ‘as is’ and ‘as available’ ‘without prejudice’ basis, and you assume responsibility for your use of the Website and of all materials and information made available on or through the Website. DESMOS disclaims all warranties, whether express or implied, with respect to the Website, the materials and information made available on or through the Website and any functionalities provided on or through the Website, to the fullest extent permissible under applicable law, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability and non-infringement of third parties’ rights. DESMOS and its directors, officers, members, employees, advisors, agents, and third-party providers and their respective directors, officers, employees, advisors, agents, expressly disclaim (to the maximum extent permitted by any applicable law) any and all liability for any direct, indirect, incidental or consequential losses or damages resulting from use of or reliance on the Website or any material or information made available on or through the Website.
DESMOS does not warrant that the Website and use thereof and all materials and information made available on or through the Website will be uninterrupted, error-free or free from defects in design or engineering, that defects will be corrected or that any online services or the servers that render the functions, services and materials available or any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. DESMOS assumes no responsibility for any infection by virus or other harmful material that might infect your computer, device or other equipment, computer programs, data or other proprietary material due to use of the Website and the materials and information made available on or through the Website, and shall not be liable for any related costs incurred, including without limitation the servicing or replacement of equipment or data. You must take all precautions in this respect. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website, and for implementing sufficient procedures and virus checks (including anti-virus and other security checks).
DESMOS does not provide accounting, tax, legal or financial advice, and you should not rely on any information provided on the Website to determine the accounting, tax, legal or financial consequences of making a donation.
DESMOS makes no representations whatsoever about any third-party websites which you may access through the Website or which may link to the Website. When you access any third-party website, you acknowledge and agree that it is independent from DESMOS and that DESMOS has no control over the content or availability of that website. DESMOS accepts no responsibility for the content, or the use of, any third-party website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any third-party website.
The present clause shall survive any termination of the Agreement.
You agree to defend, indemnify and hold harmless DESMOS and its successors, sponsors, donors, employees, officers, directors, members, affiliates, agents, contractors, assignees, representatives, suppliers and third-party providers, from and against all actions, claims, losses, liabilities, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and any other loss (including legal costs and expenses) arising directly or indirectly out of (a) your use of, or activities in connection with, the Website; (b) any violation of the Agreement by you or anyone using your User Credentials; (c) your violation of any rights of any other person or entity while using the Website; or (d) information provided under your User Credentials and transmitted through the Website. This obligation shall survive any termination of the Agreement.
Upon any such termination, your right to access and use the Website or the materials and information available on or through the Website will immediately cease. You acknowledge and agree that any termination of your access to or use of the Website or the materials and information available on or through the Website may be effected without prior notice, and that DESMOS may immediately deactivate or delete your User Credentials, and all related information and files associated with such credentials, and/or prohibit any further access to such information or files. You acknowledge and agree that DESMOS shall not be liable to you or any third party for terminating the Agreement and/or terminating your access to the Website. You acknowledge and agree that DESMOS shall not have any obligation to make information or files associated with the Website available to you after any such termination.
Relationship of the parties
The Agreement does not, and shall not be construed to create any partnership, joint venture, employment relationship, agency or other form of legal association between you and DESMOS.
The Agreement constitutes the entire agreement between you and DESMOS relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and DESMOS relating to such subject matter.
If any provision of the Agreement is found to be unlawful, void or for any reason unenforceable in any jurisdiction, that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions.
You may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without DESMOS’s express prior written consent. DESMOS may assign any rights and/or transfer, subcontract or delegate any obligations under the Agreement. Any purported assignment, transfer, subcontracting or delegation in contravention of this clause shall be ineffective.
No failure or delay by DESMOS to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
All notices shall be given:
– to DESMOS, by email at email@example.com
– to you, via posting on the Website or by e-mail to the extent you have provided an e-mail address to DESMOS, e.g. upon registration, in DESMOS’s sole discretion.
Notice by email will be deemed received on the business day it has been sent.
Governing law / Jurisdiction
The Agreement shall be governed by the laws of Greece, excluding its conflict of laws rules and provisions. You agree to submit to the exclusive jurisdiction of the courts of Athens (Greece) for any dispute or claim arising out of or in connection with the Agreement.