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AGREEMENT TO OUR LEGAL TERMS

VISIGN ACADEMY SRL (“VISIGN”, "Company," "we," "us," "our"), a Romanian legal entity with registered office in the Municipality of Buzău, Buzău County, registered at the Trade Register under no. J10/1032/2020, with fiscal code 43361971, operates this website, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at contact@visign.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and VISIGN, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services 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 Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms 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 Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

TERMS OF SERVICE IN FULL

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PROHIBITED ACTIVITIES

5. USER GENERATED CONTRIBUTIONS

7. SERVICES MANAGEMENT

8. TERM AND TERMINATION

9. MODIFICATIONS AND INTERRUPTIONS

10. GOVERNING LAW

11. DISPUTE RESOLUTION

12. CORRECTIONS

13. DISCLAIMER

14. LIMITATIONS OF LIABILITY

15. INDEMNIFICATION

16. USER DATA & PERSONAL DATA PRIVACY

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

18. MISCELLANEOUS

1. OUR SERVICES

The information provided when using the Services 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 Services 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.

Gifting Courses

Through our website, a person (“sender”) can purchase a course as a gift for someone else (“recipient”). The sender will need to create a Visign user account in order to complete the purchase. The sender does not have to purchase anything personally, or take any other actions on the website apart from creating their account, in order to gift a course.

The sender needs to fill in the recipient’s name and e-mail address. It is critical to fill in the e-mail correctly:

  • The recipient is notified of, and can access the gift via e-mail. If the e-mail is incorrect, the gift cannot be claimed.
  • The recipient’s student account, in which they will access the course, is automatically created using the e-mail that the sender provides. If the e-mail is incorrect, the recipient cannot validate their account and cannot access the course.

The sender is fully responsible for providing a valid and correct e-mail address for the recipient. Visign does not have any liability in case the sender provides an invalid or incorrect e-mail address.

We strongly recommend that the sender checks whether the receiver is already enrolled in the course they wish to gift them. The system is unable to perform this check before payment is complete.

Newsletter subscription

Through our website, a user can subscribe to VISIGN newsletter in order to receive marketing e-mails from the Company. Newsletters will include, among others:

  • One “welcome pack” containing a PDF document with tips on drawing and learning art, as well as a brush pack for Adobe Photoshop. This will be sent only once, at the time of subscription to the newsletter, to the e-mail address provided for this purpose and will remain accessible to the user on the provided e-mail address even after the withdrawal of consent to receive newsletters from the Company. It is the User's responsibility to check the compatibility of these electronic formats with his own devices and to ensure that they can be opened and accessed. The user is also responsible for ensuring that he/she has downloaded Adobe Acrobat Reader and Adobe Photoshop software more recent than 2016 with valid, up-to-date licenses. The Company is not held responsible for this compatibility. The Company assumes no responsibility for the non-functionality or impossibility to open the PDF document or to use the brush pack due to incompatibility of the User's devices and non-compliance with the required technical and legal specifications;
  • Information regarding upcoming courses;
  • Early access to upcoming courses;
  • Other informative materials with tips on drawing, painting and other art subjects.

VISIGN Courses

On our website, a user can browse the course catalog and purchase any course(s) they are interested in. Each course has a detailed description, including the instructor, duration, recommended level, what students will learn in the course and what they will be able to do after completing the course, as well as see a preview of the course weekly outline. This information is fully available to users before making a purchase. Browsing the website and course catalog is not conditioned by making a purchase. Upon completing the purchase, the course is available for viewing online in the user’s account on VISIGN platform, which can be accessed using an Internet browser; accessing the platform does not require an app. The user may access the platform on laptop/PC, mobile or tablet, using an Internet connection. Courses are not available for download to be seen offline. While course content is split into weekly topics, the user can peruse the content at their own pace.
A user has lifetime access to any course(s) they purchase. Lifetime access is defined as: so long as Visign is offering the course(s) as part of its Services. In case a course will be removed from the Services, all users who purchased the course will be notified by e-mail 3 months in advance, to ensure they finish or revisit the course and download course materials. Users may retain downloadable course materials, i.e. References, as long as they need. Course videos are not downloadable.
The user is fully responsible for watching the course(s) they purchased, as well as completing the recommended weekly assignments. Any content within the course is copyrighted and users may not distribute or use for commercial purposes any of the course materials that they have access to upon purchasing a course
There is no completion certificate or accreditation for finishing a course.

VISIGN community

The user has the opportunity to join VISIGN community on the Discord platform, as well as follow our accounts on social media, such as but not limited to Instagram or Facebook (links provided on the website). The user understands that at the time of his navigation on Discord or other social media websites (third-party websites or apps), these Terms and Conditions will not be applicable regarding his activities carried out on the latter platforms.

Users who purchase a course can join the VISIGN Discord community for free and unlock their respective course channels in order to discuss with fellow students and instructors, and obtain assignment feedback. Assignment feedback from instructors is subject to instructors’ availability. The user is fully responsible for self-assigning the correct courses they are taking, within the Discord server. We reserve the right to check whether a user is indeed a student of the course.

By using the website, the user is solely responsible for all activities that result from his use. From the moment of the user's redirection to associated third-party websites or apps, the Company does not assume responsibility in any situation regarding the policies and Terms of Service applicable on the respective websites or apps.

Our right to refuse Services

We reserve the right to not offer our Services to users who attempt to sign-up with temporary / disposable e-mail addresses. The user’s e-mail address is the main form of user identification within the Services, and is required for essential aspects of providing the Services, such as: account confirmation, accessing the account in order to view purchased courses, password changes or any issues with the account. By attempting to sign-up with temporary / disposable e-mail addresses, a potential user is not allowing us to provide the Services as required. Such accounts will be banned and/or deleted from our systems.

In case a purchase was made on such an account, we will attempt in good faith to contact the user via the learning platform, as well as monitor all other Visign communication channels to identify the user and redirect their course access to a permanent e-mail address before deleting the temporary / disposable e-mail address account. If no response is received from the account holder and no contact is initiated by the account holder towards us for 3 months, our contractual agreement is deemed fulfilled and the user cannot claim any refund of the paid amount.

Within the VISIGN Discord community, we reserve the right to check whether a user is indeed taking the course(s) they claim to take. We do so because dedicated course channels are a Service exclusively available to course students, wherein they may discuss information available only to users who purchase a course. Should a user falsely claim to be enrolled in a course, we reserve the right to warn the user and remove their course channel access. In case of repeated offenses, we reserve the right to permanently ban the user from the Discord server. This is reflected in the Discord Server Rules posted in the public rules channel, as well as in the pop-up rule screen that users must adhere to when joining the server.

Use of Services Is for Individual Users Only

The Service of purchasing or gifting courses on our website is intended solely for personal, non-commercial use by individual users.

By signing up on our platform to purchase a course for yourself, or by gifting a course to someone else, you agree that the account you create for yourself, as well as the account (e-mail address) on which you are gifting a course if that is the case, are for your own personal use and neither one is on behalf of any business, organization, or entity. We do not permit the use of business e-mail addresses (e.g., company domains, generic usernames such as “office” or “contact” etc.) during registration, and accounts registered with such e-mail addresses may be subject to suspension or termination.

Business Plans

If you are seeking a business or organizational subscription (i.e. on a business e-mail address), please write to us at contact@visign.com for information about plans designed specifically for business users.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, sound, materials provided (e.g. PDF documents, brush pack) etc. in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright under Law no. 8/1996 and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS", granting a non-exclusive license for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services and Content;
  • 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 purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services 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.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please contact us at contact@visign.com.

If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. Any copying, distribution, reproduction, republication etc. is a breach of the Romanian legislation and the user is liable for any such breach. We reserve the right to claim compensation from the user for any damages caused.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you retain any intellectual property rights or other proprietary rights associated with your Submissions, and you agree that we will be entitled to unrestricted use and dissemination of your Submissions, for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you submit: By sending us Submissions through any part of the Services, you:

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions;
  • warrant and represent that your Submissions do not constitute confidential information;
  • by sending us an electronic submission, such as subscribing to the newsletter, you agree to have your personal information (e-mail address) processed according to our Privacy Policy.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  • you have the legal capacity and you agree to comply with these Legal Terms;
  • you are not a minor in the jurisdiction in which you reside;
  • you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
  • you will not use the Services for any illegal or unauthorized purpose;
  • you assume full responsibility for all and any activities carried out through the account you open on the Service;
  • you will create only one account and will not register using another person’s name or false name;
  • you will not attempt to access the Service using another person’s account or give your access to another person on your account;
  • your use of the Services 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 Services (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services 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 Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
    This includes Law no. 221/2019 on psychological violence or bullying. For these reasons, it is strictly forbidden to harass, address in an inappropriate tone or use inappropriate language, violate dignity or create a hostile, intimidating, degrading, humiliating or offensive atmosphere towards fellow students, course assistants, VISIGN staff or towards any collaborator, representative or partner of the supplier. If this provision is violated, the Provider will decide and communicate the sanction of exclusion on disciplinary grounds of the learner and the loss of all rights stipulated in the terms of use
  • Engage in unauthorized framing of or linking to the Services.
  • 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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • It is prohibited to write malicious html code or any other format within messages. The system will display the messages in plain-text format, thus removing the possibility of code execution. Messages containing code will be deleted from the system and the user will receive a warning if the code written is not harmful. The next time you post a message that contains code, you will be automatically excluded from the system. If the written code is likely to cause damage of any kind to the provider, beneficiaries or any other third party, the learner will be excluded from the system with the loss of all rights conferred by the terms of use.
  • 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.
  • Delete the copyright or other proprietary rights notice from any Content.
  • 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"), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Attempt to impersonate another user or person or use the username of another user.
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • 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 Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, 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 the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

Actions that violate legal provisions or the present terms of use will be sanctioned by VISIGN and may result in notification or definitive exclusion from the system depending on the seriousness of the act.

The sanctioning decision will be sent in writing by e-mail, to the address with which the user registered or appears in the system. The user can object within 10 days of sending the notification by email.

5. USER GENERATED CONTRIBUTIONS

The Services currently offer users the possibility to submit or post content, which includes: posting, displaying, distributing materials to us on the Services, 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 Services.

6. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

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 Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

  • monitor the Services for violations of these Legal Terms;
  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such users to law enforcement authorities;
  • 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;
  • in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  • otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

8. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (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 legal terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete 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.

Conflict of interest

To avoid a conflict of interests, upon registering with VISIGN a user declares on his own responsibility that, on the date of registration, he does not carry out any similar activity, namely the organization and conduct of online courses, does not create or manage a site, store, blog that sells content similar or close to the digital material presented on the site, nor does it organize online or offline courses with content similar or close to the digital material presented on the site.

If VISIGN finds the existence of a conflict of interests, we have the right to declare the termination/resolution of the study contract, with the result that any further use of the digital material or its results will cease from the date of receipt of the unilateral termination/resolution declaration by e-mail.

If the user finds himself in the situation of conflict of interest from the point above, in order not to bear the consequences of the conflict of interest, he is advised to notify us at contact@visign.com. Following an assessment of the situation, he may become or continue to activate as a user following the signing of non-competition, intellectual property rights protection and confidentiality agreements. Following the signing of these contracts, the user may start or continue participating in VISIGN courses and activities.

9. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice, unless we discontinue a course, in which case all users who purchased the course will be notified by e-mail 3 months in advance. However, we have no obligation to update any information on our Services.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services 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 Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

10. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Romania. VISIGN and yourself irrevocably consent that the courts of Romania, specifically the Courts of Bucharest, shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

11. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the solution offered in informal negotiations is not satisfactory, any Dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Courts of Bucharest, Romania, regardless of the nationality of the parties or the applicable law as provided for in international law.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

12. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, 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 Services at any time, without prior notice.

12. DISCLAIMER

The services are provided on an as-is and as-available basis. You agree that your use of the 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 services and your use thereof. We make no warranties or representations about the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services 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 services, (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 services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services 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 services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, 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.

14. 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 services, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.

Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights

Neither party shall be liable for failure to perform its contractual obligations if such failure is caused by a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.

15. 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) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

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.

16. USER DATA & PERSONAL DATA PRIVACY

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. 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 Services. 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.

Personal data privacy:Your submissions or contributions are likely to include contact data, which may include personal information (e.g. name, e-mail address etc.). VISIGN, as Data Controller, makes every effort to ensure that it protects and respects the confidentiality of personal data belonging to its users by implementing appropriate technical and organizational measures, in accordance with the requirements of Regulation No 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and Law No. 190/2018 on the implementation of the General Data Protection Regulation and good practices in data processing. The information provided by the user will be stored by Controller in electronic format and will not be provided to any third party, other than those directly involved in providing the specific Services.

For more details on the processing of personal data that the Controller carries out in the context of using the Services, please consult the Privacy Policy available on the Site.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services, 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 Services, 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 Services. 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.

18. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms 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 Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms 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 Legal Terms or use of the Services. You agree that these Legal Terms 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 Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.