These Terms of Service and all other legal documents incorporated by reference (collectively, the “Terms”) set forth the legal contract between each visitor (“User” or “you” or “your”) and Raccoon Gang OÜ (“Raccoon Gang OÜ,” “we,” or “us”) with respect to access to and use of its internet properties including, without limitation, www.raccoongang.com, microsites, mobile websites, mobile applications, Raccoon Gang OÜ profiles on social media sites and any other digital services or properties operated or used by Raccoon Gang OÜ from time to time (collectively referred to as the “Site(s)”).
BY USING THE SITE(S) YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS AND OUR PRIVACY POLICY (WHICH IS HEREBY INCORPORATED BY REFERENCE) (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS (INCLUDING ANY POLICIES OF YOUR COMPANY) APPLICABLE TO YOU, TO THE USE OF THE SITE(S), AND/OR THE INTERNET. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE(S).
Some of Raccoon Gang OÜ’s other sites, services and tools may have additional terms that we provide to you when you use those sites, services or tools.
A. Ownership
1. The content of the Site(s) includes, without limitation, (i) Raccoon Gang OÜ’s (and/or one or more of its affiliates’) trademarks, service marks, logos, brands, and brand names, trade dress, trade names and other distinctive identification, and all associated goodwill (collectively “Raccoon Gang OÜ Marks”); (ii) interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork (“Our Technology”); (iii) any writings, essays, articles, analyses, white papers, blogs, notes, message boards postings, surveys, polls (and including their information (personal or otherwise), photos, images, text, comments, and other elements and materials), in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise; and (iv) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, ‘Look and Feel’, and arrangement of any content contained in or available through the Site(s) (the items identified in subsections (i), (ii), (iii) and (iv) shall be collectively referred to herein as “Raccoon Gang OÜ Content”). Raccoon Gang OÜ Content is the property of the Raccoon Gang OÜ, its affiliates, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Raccoon Gang OÜ Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Raccoon Gang OÜ or the owner of such content if Raccoon Gang OÜ is not the owner. For reprints, contact Raccoon Gang OÜ. Any use of the Raccoon Gang OÜ Marks without Raccoon Gang OÜ’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Raccoon Gang OÜ Content, including any such notices appearing on any Raccoon Gang OÜ Content you are permitted to download, transmit, display, print, or reproduce from the Site(s). Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site(s).
2. Notwithstanding the foregoing, Raccoon Gang OÜ does not endorse any content or articles by any of it licensors or contributors, or any opinion, recommendation, or advice expressed therein, and Raccoon Gang OÜ expressly disclaims any and all liability in connection with content. You understand that Raccoon Gang OÜ is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
3. Your “Feedback” (meaning means any information you provide to us about the Site(s), as a comment or evaluation) is welcomed and encouraged. You agree, however, that (i) by submitting unsolicited ideas to Raccoon Gang OÜ, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to Raccoon Gang OÜ or any of its employees, independent contractors or representatives automatically become the property of Raccoon Gang OÜ. You agree that any Feedback you provide at the Site(s) shall be deemed to be non-confidential. Raccoon Gang OÜ shall be free to use such information on an unrestricted basis. You agree not to take any action that may undermine any Feedback or ratings systems that we establish as part of the Services. This includes not displaying, importing, exporting or using any Feedback information off of the Site(s), regardless of purpose.
B. Your access to the Site(s) and General Restrictions on Use
1. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site(s) conditioned on your continued acceptance of, and compliance with, these Terms. You may use the Site(s) and the Raccoon Gang OÜ Content for your noncommercial personal use and for no other purpose. Raccoon Gang OÜ reserves the right to bar, restrict or suspend any User’s access to the Site(s), and/or to terminate this license at any time for any reason. Raccoon Gang OÜ reserves any rights not explicitly granted in these Terms.
2. The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not resell or sublicense access to the Site(s) to any third-party. You may not modify or create any derivative product based on the Site(s). You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site(s) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to use the Site(s) to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the services or servers or networks connected to the Site(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Site(s). Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Site(s) (including, without limitation, robots, spiders or scripts); or (ii) frame the Site(s), place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
C. Third-Party Offerings
You may be able to access websites, content or services provided by third-parties through links that are made available on the Site(s), including but not limited to voluntarily sharing some of your information from the Site(s) in social media sites, and ‘liking’ our Site(s) in social media outlets. Additionally, from time to time Raccoon Gang OÜ may refer you to one or more of our business partners who make available products or services through their respective websites or by other means (e.g., by mail or otherwise). We refer to all such other websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties with related services to link their products and services on the Site(s), and those links may redirect you to the website(s) of the third parties. Unless we otherwise inform you on the Site(s), your use of any such Third-Party Offerings is not required in order to access and/or use the Site(s). If you elect to use such Third-Party Offerings, and/or if you elect to ‘click’ on a link or button, you understand that (a) you will be leaving our Site(s) and (b) your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use, download content from or purchase any Third-Party Offerings. The fact that we link to a third party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies, term of use, business practices or their compliance with laws. We do not exercise control over third party websites or services. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate. You agree that Raccoon Gang OÜ is not responsible for nor will it be liable to you or any third party for your interaction with such third parties.
D. Term and Termination
These Terms will become effective and binding when you use the Site(s), when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site(s) (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the Site(s). We reserve the right to terminate these Terms and your access to the Site(s) at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections A, B(2), last sentence of D, E, and F will survive the termination of these Terms.
E. Disclaimers, Limitations and Exclusions of Liability
1. No Warranties. THE SITE(S) AND ALL CONTENT RELATED TO THE FOREGOING ARE PROVIDED ‘AS IS.’ TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RACCOON GANG OÜ AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. RACCOON GANG OÜ AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OF ANY CONTENT THROUGH THE RACCOON GANG OÜ SITE(S) IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. RACCOON GANG OÜ IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. RACCOON GANG OÜ DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE(S). NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE(S) PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE(S).
2. Limitation of Liability. USE OF THE RACCOON GANG OÜ SITE(S) AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL RACCOON GANG OÜ OR ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF RACCOON GANG OÜ WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF RACCOON GANG OÜ TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (U.S.D. $100.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND RACCOON GANG OÜ RELATING TO THE PROVISION OF THE SITE(S) AND ANY CONTENT TO YOU, AND RACCOON GANG OÜ WOULD NOT PROVIDE ACCESS TO THE SITE(S) TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE(S) OR DELETION OF CONTENT.
3. Indemnification. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Raccoon Gang OÜ, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site(s); (ii) your violation of any term of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Site(s).
F. Miscellaneous Matters
1. Privacy. In the course or accessing and/or using the Site(s), we may obtain information about you. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Site(s) you are accepting the terms and conditions of our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site(s).
2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Raccoon Gang OÜ without restriction.
3. Modifications to Terms. We may change these Terms from time to time. Any such changes will become effective when posted on the Site(s). If you object to any such changes, your sole recourse will be to cease using the Site(s). Continued use of the Site(s) following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
4. Modifications to Services. We reserve the right to modify the Site(s) at any time without notice. If you object to any changes to the Site(s), your sole recourse will be to cease using them. Continued use of the Site(s) following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site(s) as so modified. We also reserve the right to discontinue the Site(s) at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site(s).
5. Legal Disputes. These Terms will be subject to and construed in accordance with the laws of the Republic of Estonia excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against Raccoon Gang OÜ must be resolved exclusively by a state or federal court located in the Republic of Estonia, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in the Republic of Estonia for the purpose of litigating all such claims or disputes.
6. Arbitration. For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than five thousand dollars ($5,000.00), you agree that Raccoon Gang OÜ may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event Raccoon Gang OÜ elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by Raccoon Gang OÜ. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
7. General Agreement. You agree to comply with all laws, rules and regulations that apply to your use of the Site(s). These Terms, together with the Privacy Policy and any other legal notices published by Raccoon Gang OÜ on the Site(s), shall constitute the entire agreement between you and Raccoon Gang OÜ concerning the Site(s). No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Raccoon Gang OÜ’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the Site(s) and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8. Contact Information. If you have any questions or concerns regarding these Terms or the Site(s), please visit our Contact Us page. Please report any problems, offensive content, policy violations and/or abuse to us at legal@raccoongang.com.
