1) Special German version for “Digitorney Lounge” / Besondere Deutsche Version für “Digitorney Lounge” — effective from 15 August 2019: AGB
2) General English version — effective from 13 January 2019:
Digitorney’s mission is to connect companies and lawyers in a digital manner enabling both sides to work together more efficient, productive and successful. Our services are designed to provide legal information services, legal tech solutions, create business opportunities for lawyers and companies by enabling them meet, collaborate, exchange ideas, and generate new business, find professionals, and make decisions in a network of trusted relationships.
You agree that by clicking “Register”, “Join”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding Agreement with Digitorney Group B.V. (hereinafter: “Digitorney“). If you do not agree to this agreement (“Agreement”), do not click “Register” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this agreement, at any time you can do so by closing your account and no longer accessing or using our Services.
This Agreement applies to Plus.Digitorney.com, Digitorney.com, Digitorney-branded apps, and other Digitorney-related sites, apps, and other services that state that they are offered under this Agreement (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both Members and Visitors.
You are entering into this Agreement with Digitorney (also referred to as “we” and “us”) and Digitorney Group B.V. is the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
This Agreement applies to Members and Visitors.
1.2 Members and Visitors
When you register and join the Digitorney Services, you become a Member. If you have chosen not to register for our Services, you can get access to certain features as a “Visitor.”
We are entitled to make changes to this Agreement.
2.1 Service Eligibility
You declare that you’re eligible to enter into this Agreement and you are at least our “Minimum Age.” Our Services are not for use by anyone under the age of 21.
To use the Services, you agree that: (a) you must be the “Minimum Age” (as set out above) or older; (b) you will only have one Digitorney account which must be in your real name; and (c) you are using our Services for professional purposes only in order to find a lawyer, to offer legal advisory in the fields of business law, to inform about and book legal tech tools or to get legal information; and (d) you have not been restricted by Digitorney from using our Services.
2.2 Your Account
You agree to keep your login credentials secret and not to share your account with anyone else. You will follow our rules and the law.
Members hold individual accounts. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others, your lawyer profile and account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
You’ll fulfill your payment obligations and you agree that we store your payment information. You agree that there may be fees and taxes that are added to our prices.
We don’t guarantee refunds.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. In addition, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
- All of your purchases of Services are subject to Digitorney’s refund policy.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice through your Digitorney account settings under “Purchase History”.
2.4 Notices and Messages
You agree with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
When you share your lawyer profile or other information on our Services, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, interviews, articles or links to news articles. Information and content about you that you or we share or post may be seen by other Members, Visitors or others (including off of the Services). We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1. Your License to Digitorney
You own all of the content and personal information you provide to us, but you also grant us a non-exclusive license to it. In particular, you agree that we may put ads to your lawyer profile and your contents.
As between you and Digitorney, you own the content and information that you submit or post to the Services, and you are only granting Digitorney and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give others the right to publish your content beyond the Services.
- While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to Digitorney, you agree that Digitorney can use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and contents that you have the right to use, and that your Digitorney profile will be truthful.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). Digitorney has, in its sole discretion and without any liability, the right to deny any content that includes or is based on any inappropriate or illegal content such as, including but not limited to, the following examples:
- illegal activity (i.e. hacking, “phreaking”, etc);
- hate-mongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.);
- violence, obscene or vulgar language and abusive content or content which endorses or threatens physical harm;
- illegal substance;
- drugs or any related paraphernalia;
- adware, malware, viruses, phishing offers;
- purchase of weapons/military equipment;
- false or deceptive investment advice, and others;
You also agree that your lawyer profile information will be truthful. Digitorney may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our own discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
3.3 Other Content, Sites and Apps
Your use of our Service – including our legal templates, legal information/news, legal memorandums, others’ contents and information posted on our Services – is at your own risk.
Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Digitorney generally does not review contents provided by lawyers, our Members or others. You agree that we are not responsible for others’ (including lawyers or other Members’) contents or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
We have the right to limit how you connect and interact on our Services.
Digitorney reserves the right to limit your use of the Services, including the number of your articles/interviews and your ability to reach out to other Members via our Services. Digitorney reserves the right to restrict, suspend, or terminate your account if Digitorney believes that you may be in breach of this Agreement or law or are misusing the Services.
3.5 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
Digitorney reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the contents or information made available through our Services. Trademarks and logos used in connection with our Services are the trademarks of their respective owners. The term “Digitorney“ and Digitorney logos and other Digitorney trademarks used for our Services are trademarks or registered trademarks of Digitorney.
3.6 Automated Processing
We use data and information about you to make relevant suggestions to you and others.
We will use the information and data that you provide and that we have about Members to make recommendations for other Members and content that may be useful to you. Keeping your profile accurate and up-to-date helps us make these recommendations more accurate and relevant.
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, DIGITORNEY AND ITS AFFILIATED COMPANIES (AND THOSE THAT DIGITORNEY WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS DIGITORNEY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS AGREEMENT), DIGITORNEY AND ITS AFFILIATES (AND THOSE THAT DIGITORNEY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF DIGITORNEY AND ITS AFFILIATES (AND THOSE THAT DIGITORNEY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) EURO 1,000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DIGITORNEY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, AGREEMENT, LAW) AND EVEN IF DIGITORNEY OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can end this Agreement anytime we want.
Both you and Digitorney may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Sections 4, 6 and 7 of this Agreement;
- Any amounts owed by either party prior to termination remain owed after termination.
6. Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, Digitorney and you agree to resolve it in the Netherlands‘ courts using Dutch law.
In this respect, you and Digitorney agree that the laws of the Netherlands excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or our Services. You and Digitorney both agree that all claims and disputes can be litigated only in the Netherlands, and you and Digitorney each agree to personal jurisdiction there.
7. General Terms
If a court with authority over this Agreement finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.
To the extent allowed by law, the English language version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Agreement, that does not mean that Digitorney has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Digitorney may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.
You agree that the only way to provide us legal notice is at the addresses provided in the Section “Imprint“ or “Contact“ on our websites or apps.
8. Complaints Regarding Contents
Contact information for complaint about contents provided by our Members or Others: info(at)digitorney.com
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
9. How To Contact Us
If you want to send us notices or service of process, please contact us: info(at)digitorney.com