Website Terms & Conditions
These terms and conditions outline the rules and regulations for the use of the Website owned by Nimikry Music OG, located at www.digitaize.eu
By accessing this website and using our services you agree to these terms and conditions. PLEASE READ THEM CAREFULLY! Do not continue to use www.digitaize.eu if you do not agree to take all of the terms and conditions stated on this page. Please review also our Privacy Notice, which also governs your use of our services, to understand our practices. Also additional terms and agreements can be applicable, e.g. if you download or use a software or app. You will be – in any case – always be asked to read and confirm agreements of any kind-
Nimikry Music OG is located in:
The following terminology applies to these Terms and Conditions, the Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Austria. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
All content included in or made available through any Nimikry Music service, such as text, graphics, 3D CAD files, logos, icons, images, music scores, audio or video clips, augmented / virtual / mixed reality content, digital downloads, data compilations, and software is the property of Nimikry Music or its content suppliers and protected by European and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nimikry service are trademarks in the EU and other countries. Our trademarks must not be used in connection with any product or service that is not Nimikry’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nimikry. All other trademarks not owned by Nimikry that appear in any Nimikry service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nimikry.
Some of our solutions are patented. Products you buy on Nimikry or is feature by any Nimikry service may operate under license of one or more patents.
Unless otherwise stated, Nimikry and/or its licensors own the intellectual property rights for all material on www.digitaize.eu. All intellectual property rights are reserved. You may access this from www.digitaize.eu for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from www.digitaize.eu
- Sell, rent or sub-license material from www.digitaize.eu
- Reproduce, duplicate or copy material from www.digitaize.eu
- Redistribute content from www.digitaize.eu
If you should want to do any of the above mentioned your need Nimikry Music´s written consent. Contact us at email@example.com to start discussions on this.
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Nimikry Music does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Nimikry Music, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Nimikry Music shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Nimikry Music reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
(c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- business and community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that:
(a) the link would not make us look unfavourably to ourselves or to our accredited businesses;
(b) the organization does not have any negative records with us;
(c) the benefit to us from the visibility of the hyperlink compensates the absence of my site; and
(d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
(c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to firstname.lastname@example.org . Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please wait approx. 2 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
- Eventually also use of Nimikry Music´s logo or other artwork
You will receive a written statement on this, which comes into vigor by signature of both of the parties.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website. For further details refer to the paragraph above.
- Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
- Your Privacy
- Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
- Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
- ELECTRONIC COMMUNICATIONS
When you use Nimikry Music´s services, or send e-mails, text messages, and/or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other Nimikry Music services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Nimikry Music or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Nimikry Music services.
This license does NOT include
- any resale or commercial use of any Nimikry Music service, or its contents;
- any collection and use of any product listings, descriptions, or prices;
- any derivative use of any Nimikry Music service or its contents;
- any downloading, copying, or other use of account information for the benefit of any third party;
- or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Nimikry Music or its licensors, suppliers, publishers, rightsholders, or other content providers. No Nimikry service, nor any part of any Nimikry Music service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nimikry Music. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nimikry Music without express written consent. You may not use any meta tags or any other “hidden text” utilizing Nimikry Music’s name or trademarks without the express written consent of Nimikry Music. You may not misuse the Nimikry Music services and only use them as according to the law. The licenses granted by Nimikry Music terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Nimikry account to use certain Nimikry services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Nikimry does NOT sell products for children, but they be used by them. We only sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our services only with involvement of a parent or guardian. Nimikry reserves the right to refuse service, terminate accounts, terminate your rights to use Amazon Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Nimikry reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Nimikry a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nimikry and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nimikry for all claims resulting from content you supply. Nimikry has the right but not the obligation to monitor and edit or remove any activity or content. Nimikry takes no responsibility and assumes no liability for any content posted by you or any third party.
Shipping, terms of shipping, risk of loss
All purchases of physical items are made pursuant to a shipment contract. Items will be shipped by Austrian Federal Post Service, UPS, FedEx or other logistics services. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Usually we ship a few days after we received and confirmed your order. If there should be any unforeseen delay we will contact you via e-Mail, push notification or phone.
- RETURNS, REFUNDS AND TITLE
For more information about our returns and refunds, please see our Returns Policy.
Nimikry attempts to be as accurate as possible. However, Nimikry does not warrant that product descriptions or other content of any Nimikry service is accurate, complete, reliable, current, or error-free. If a product offered by Nimikry itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product.
With respect to items sold by Nimikry, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by Nimikry is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created or used by Nimikry, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Nimikry service if you are the subject of EU sanctions or of sanctions consistent with EU law imposed by the governments of the country where you are using our services. You must comply with all EU or other export and re-export restrictions that may apply to goods, software, technology, and services.
Parties other than Nimikry may be offering products, provide services or software, or sell product lines through Nimikry’s services. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Nimikry. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Nimikry does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE NIMIKRY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NIMIKRY SERVICES ARE PROVIDED BY NIMIKRY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NIMIKRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NIMIKRY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NIMIKRY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NIMIKRY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, NIMIKRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NIMIKRY DOES NOT WARRANT THAT THE NIMIKRY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NIMIKRY SERVICES, NIMIKRY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NIMIKRY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, NIMIKRY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NIMIKRY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NIMIKRY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Nimikry Service, or to any products or services sold or distributed by Nimikry or through www.digitaize.eu will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Nimikry Music OG’s services, you agree that federal law of Austria is valid, if not customer protection laws state anything else.
ADDITIONAL SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Nimikry Music services.
- Use of the Software. You may use Software solely as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Software in whole or in part. All software used in any Nimikry Music service is the property of Nimikry Music or its software suppliers and is protected by EU and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Software, whether in whole or in part.
- We may offer automatic or manual updates to the Software at any time and without notice to you.
- In the event of any conflict between these Conditions of Use and any other or third-party terms applicable to any portion of the Software, such as open-source license terms, such other terms will control as to that portion of the Software and to the extent of the conflict.