These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the Websites or Services provided by Damage Media Group OÜ (collectively, the “Websites” or “Services”), and any of its related products and services (collectively, “Services”), including BrightSideofNews.com, GamerHeadlines.com, TheInvader.com, GDGTPreview.com, InkEvolved.com, RunAroundTech.com, SmartMobs.com, Playnomics.com and 4To5Jack.com. Please read these Terms carefully before accessing or using the Services.
This Agreement is legally binding between you (“User”, “you” or “your”) and Damage Media Group OÜ (“Damage Media Group OÜ”, “we”, “us” or “our”). By accessing and using the Websites and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Websites and Services. You acknowledge that this Agreement is a contract between you and Damage Media Group OÜ, even though it is electronic and is not physically signed by you, and it governs your use of the Websites and Services.
During your use of the Websites and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Websites and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to other resources
Although the Websites and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Websites may be “affiliate links”. This means if you click on the link and purchase an item, Damage Media Group OÜ will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Websites and Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Websites and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Websites and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Websites and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Websites and Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Damage Media Group OÜ or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Damage Media Group OÜ. All trademarks, service marks, graphics and logos used in connection with the Websites and Services, are trademarks or registered trademarks of Damage Media Group OÜ or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites and Services may be the trademarks of other third parties. Your use of the Websites and Services grants you no right or license to reproduce or otherwise use any of Damage Media Group OÜ or third party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Damage Media Group OÜ, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Damage Media Group OÜ and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Damage Media Group OÜ for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Damage Media Group OÜ and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Websites and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Estonia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Estonia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Estonia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Websites and Services at any time, effective upon posting of an updated version of this Agreement on this page (https://damage.media/terms/). When we do, we will revise the updated date at the bottom of this page. Continued use of the Websites and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Websites and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Websites and Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to firstname.lastname@example.org
This document was last updated on February 17, 2021