Terms of Service
- Your use of any services or products (also referred to as “offering”) offered DOUGLAS LAGOS is subject to the terms and conditions mentioned in this document, without prejudice to any additional terms which may be part of the agreement specific to the service that you wish to avail. Your agreement with DOUGLAS LAGOS will always include, at a minimum, the terms and conditions set out in this document.
- The terms “DOUGLAS LAGOS”, “we”, “us”, “our” or any grammatical variation of the preceding terms shall refer to DOUGLAS LAGOS, whereas the terms “you”, “your” or any grammatical variation shall refer to our clients or the user of any of our interfaces including but not restricted to our websites or e-mails.
Acceptance of Terms of Services
- You are expected to be aware of our terms of services prior to making use of our services. Your use of our websites or any other means of communication to interact with us shall be construed as your acceptance of our Terms of Service even if no transaction has taken place.
- In order to make use of our services you must agree to the terms laid down in this document. You may not make use of our services if you do not agree to our terms of service.
Provision of the Offering by DOUGLAS LAGOS
- DOUGLAS LAGOS intends to provide you with the finest services and we would try to innovate our services with time. You acknowledge that the nature or the form of the services offered by us may change with time.
- You acknowledge and agree that DOUGLAS LAGOS may stop (permanently or temporarily) providing the offering (or any features within the offering) with or without notice, generally at DOUGLAS LAGOS’ sole discretion.
- You acknowledge and agree that while DOUGLAS LAGOS may not currently limit your use of the offering in any way, it may do so if your use hinders with the ability of DOUGLAS LAGOS to carry on its operations or the ability of other customers to use the offering.
- The supply of the offering will be subject to your making payments at the regular intervals in the manner as stated in the contract for the service. In the event of the service being permanently or temporarily stopped by us, DOUGLAS LAGOS’ liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. DOUGLAS LAGOS shall not be called on to repay any amount received by us during any previous billing cycle.
- In the highly unlikely case, DOUGLAS LAGOS shall not be responsible for any loss or damage caused by not following our account safety rules.
- These rules state clearly that you shall strongly limit, if not refrain from all actions on your account other than posting content while using DOUGLAS LAGOS.
Use of DOUGLAS LAGOS’ Offering
- In order to access certain offering or for your continued use of the offering, you may be required to provide information about yourself. You agree that any information you give to DOUGLAS LAGOS will always be accurate, correct and up to date. DOUGLAS LAGOS shall not be liable for any loss or damage caused due to faulty information provided to us by you
- We may share client’s personal information with our employees or any third parties as and when considered necessary by us (e.g. certain information of our clients could be shared with third parties for the process of payment for our services).
- You agree not to access (or attempt to access) any of the offering by any means other than through the interfaces provided by DOUGLAS LAGOS, unless you have been specifically allowed to do so in a separate agreement with DOUGLAS LAGOS.
- Unless you have been specifically permitted to do so in a separate agreement with DOUGLAS LAGOS, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
- You agree that you are solely responsible for any breach of obligations on your part of the Terms mentioned in this document or in any contract between you and DOUGLAS LAGOS and for the consequences (including any loss or damage which DOUGLAS LAGOS may suffer) of any such breach.
- We try to ensure that any confidential information provided by you is protected. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into DOUGLAS LAGOS’ database, DOUGLAS LAGOS shall not be made liable for the resulting damages.
- We do everything we can to protect the safety of your account, but if your account does become jeopardized in ant way, you agree that DOUGLAS LAGOS shall not be made liable for the resulting damages.
Security of your account
- DOUGLAS LAGOS shall provide its services primarily through its websites. You might need to make use of a web-based account to make use of our services. You agree and understand that you are responsible to DOUGLAS LAGOS and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering. You will be solely responsible for all activities that occur under your account.
- DOUGLAS LAGOS will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into DOUGLAS LAGOS database, DOUGLAS LAGOS shall not be made liable for the resulting damages.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned personnel at DOUGLAS LAGOS immediately.
Content in the offering
- You should be aware that content presented to you as part of the offering, including but not limited to advertisements and promotional material of DOUGLAS LAGOS or other companies, is protected by intellectual property rights which are owned by DOUGLAS LAGOS, or the sponsors or advertisers who provide that content to DOUGLAS LAGOS (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically permitted to do so by DOUGLAS LAGOS or by the owners of that content, in a separate agreement.
- Any content being disseminated using DOUGLAS LAGOS’ sales network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
- You agree that you are solely responsible for (and that DOUGLAS LAGOS has no responsibility to you or to any third party for) any content that you create, transmit or display while using our offering or for the consequences of your actions (including any loss or damage which DOUGLAS LAGOS may suffer) by doing so.
- You understand that by using the offering you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the offering at your own risk. DOUGLAS LAGOS shall not be made responsible for any repugnant content circulated on its offering by other users. On noticing any such content, it is your duty to bring it to the attention of DOUGLAS LAGOS employees immediately.
Intellectual Property Rights
- You acknowledge and agree that DOUGLAS LAGOS owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the offering may contain information which is designated confidential by DOUGLAS LAGOS and that you shall not disclose such information without DOUGLAS LAGOS’ prior written consent. Unauthorized use of our trademark, logos etc. shall be punishable under appropriate American laws.
- You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Services obtained from DOUGLAS LAGOS through unauthorized use of such trademarks, service mark etc. shall be considered as forgery.
- DOUGLAS LAGOS acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any content that you submit, post, transmit or display on, or through, the offering, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with DOUGLAS LAGOS, you agree that you are responsible for protecting and enforcing those rights and that DOUGLAS LAGOS has no obligation to do so on your behalf.
- DOUGLAS LAGOS gives you a Personal Non-Exclusive license to use the service provided to you by us as part of the offering. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by DOUGLAS LAGOS, in the manner permitted by these terms.
- The source code of the interface provided by us is protected under various Indian laws. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the interface or any part thereof.
- Unless DOUGLAS LAGOS has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
- The payment mode for the offering may be either fixed, invoice based or recurring. The payment cycle will be in the manner decided at the discretion of DOUGLAS LAGOS.
Termination of your relationship with DOUGLAS LAGOS
- The Terms will continue to apply until terminated by either you or DOUGLAS LAGOS as set out below.
- DOUGLAS LAGOS may at any time, terminate its legal agreement with you if:
- you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
- DOUGLAS LAGOS is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful).
- When these terms come to an end, all of the legal rights, obligations and liabilities that you and DOUGLAS LAGOS are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
EXCLUSION OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR — USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON AN “AS IS? AND “AS AVAILABLE? BASIS.
- IN PARTICULAR, DOUGLAS LAGOS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR — USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS, (B) YOUR — USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR — USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE — USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND DOUGLAS LAGOS WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOUGLAS LAGOS OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- DOUGLAS LAGOS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TRADE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- DOUGLAS LAGOS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM — USE OF THE SITE AND/OR THE SERVICE.
Limitation of Liabilities
- SUBJECT TO OVERALL PROVISION IN CLA– USE 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOUGLAS LAGOS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL WHICH MAY BE INCURRED BY YOU, HOWEVER CA– USED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY CHANGES WHICH DOUGLAS LAGOS MAY MAKE TO THE OFFERING, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR — USE OF THE OFFERING;
- YOUR FAILURE TO PROVIDE DOUGLAS LAGOS WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- NO CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR SUCH PARTY’S AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
- LIMITS ON MONETARY DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, DOUGLAS LAGOS’ (INCLUDING ANY OF ITS AFFILIATES) AGGREGATE LIABILITY, FOR DAMAGES (MONETARY OR OTHERWISE) UNDER THESE TERMS CLAIMED BY YOU OR ANY THIRD PARTY ARISING FROM OUR SERVICE, SHALL BE LIMITED TO THE LESSER OF (I) ACTUAL DAMAGES INCURRED, OR (II) PAYMENTS MADE BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION 10.B. IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF DOUGLAS LAGOS WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
- Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, DOUGLAS LAGOS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Changes to the Terms
- DOUGLAS LAGOS may make changes to the terms from time to time. DOUGLAS LAGOS shall try to inform you of such changes as early as possible. Your continued use of the offering will indicate your acceptance of the modified terms.
- You understand and agree that if you use the offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, DOUGLAS LAGOS will treat your use as acceptance of the amended terms.
General legal terms
- The terms constitute the legal agreement between you and DOUGLAS LAGOS and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any offering which DOUGLAS LAGOS may provide to you under a separate written agreement), and completely replace any prior agreements between you and DOUGLAS LAGOS in relation to the offering.
- You agree that if DOUGLAS LAGOS does not exercise or enforce any legal right or remedy which is contained in the terms (or which DOUGLAS LAGOS has the benefit of under any applicable law), this will not be taken to be a formal waiver of DOUGLAS LAGOS’ rights and that those rights or remedies will still be available to DOUGLAS LAGOS.
- If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with the Site, the Service, and/or Douglas Lagos, you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Los Angeles, California, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Douglas Lagos. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of California shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, which shall include, but not be limited to, the courts within the County of Los Angeles, California.
Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of the United States of America, and the Courts of California shall have exclusive jurisdiction in all such cases.