Terms of use DOU EU

Effective date: September 01, 2022

1. Introduction

Agreement

1.1. When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

1.2. You agree that by clicking “Sign Up”, “Log in with third party platform account” (e.g. Twitter, Google, Facebook, GitHub, etc.) or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding Agreement with DOU (even if you are using our Services on behalf of a company). If you do not agree to this Agreement (“Agreement” or “User Agreement”), do not click “Sign Up” (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.

1.3. You are entering into this Agreement with DJINNI EUROPE OÜ (also referred to as ”DOU, “we” and “us”).

Subject of the Agreement

1.4. Under this Agreement, DOU provides you with the access to the services described in the paragraph 3 herein through the DOU website (“Site”).

1.5. DOU grants you with a worldwide, non-exclusive, revokable, free of charge license to use the Site and materials available through the Site for personal, non-commercial transitory viewing only.

1.6. This is the granting of a license, not a transfer of title, and under this license you may not:

(a) modify or copy the materials (except the materials created by you subject to clause 4.6 herein);

(b) use the materials for any commercial purpose, or for any public display (except the materials created by you subject to clause 4.6 herein);

(c) attempt to decompile or reverse engineer any software contained on DOU website;

(d) remove any copyright or other proprietary notations from the materials (except the materials created by you subject to clause 4.6 herein); or

(e) transfer the materials to another person or "mirror" the materials on any other server (except the materials created by you subject to clause 4.6 herein).

1.7. This Agreement applies to dou.eu, and other DOU-related sites, apps, communications and other services that state that they are offered under this Agreement (“Services”).

Categories of Users

1.8. Registered users of our Services in these Terms of use are called “Members”, and unregistered users are “Visitors”.

1.9. When you register on the Site and create an account, you become a Member. If you have chosen not to register, you may access certain features as a “Visitor.”

1.10. This Agreement applies both to Members and Visitors.

2. Access to the Service

Age of access to the Service

2.1. The Services are not for use by anyone under the age of 16.

2.2. To use the Services as a Member, you agree that: (1) you must be 18 years old; (2) you will only have one DOU account, which must be in your real name; and (3) you are not already restricted by DOU from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

Account

2.3. In order to access certain features of the Service you may be required to register an Account.

2.4. Every User may have only one Account.

2.5. When you create your account, please use your real name. We reserve the right to verify your account and deny your access to the Service if you use a fake name or name of another person.

2.6. To provide access to the Service, we may verify the account holder as a real person.

2.7. In order to create an Account, please specify your email address in the relevant form available on the Site and accept the Terms of use and the Privacy Policy. You will receive an email to the address you specified with a link activating your Account.

2.8. When you click the activating link, you will be redirected to the Site page where you will be obliged to provide a password by means of which you will log into the Site.

2.9. When you have activated your Account, your registration process will be complete. As soon as you have activated your Account, a contract will be concluded between you and us for the provision of services by electronic means on the terms and conditions set out in these Terms of use and consisting in enabling you to use your Account in the manner described in these Terms.

2.10. You are obliged to keep your password confidential and not to make it available to any third parties.

2.11. You can also register on the Site using your Google, Facebook, LinkedIn, Twitter or Github account. In order to register, you should click the relevant option and follow the instructions of Google, Facebook, LinkedIn, Twitter or Github portal.

2.12. If you register an Account through a Google, Facebook, LinkedIn, Twitter or Github account, you consent to collecting your identification details saved on a given account such as your email address, first name, surname, link to your github, avatar profile. You can verify if the identification details from a given account are correct and complete and you always have the possibility of updating the identification data collected from another account manually, except for your email address.

2.13. You will obtain full access to the Site’s functionalities and Services as soon as you have successfully logged in, each time by providing your login (i.e. email address) and user’s password or when you log in via your Google, Facebook, LinkedIn or Github account.

2.14. Members are account holders. You agree:

(1) to use a strong password and keep it confidential;

(2) not to transfer any part of your account (e.g., connections) and

(3) to follow the law and our Rules of conduct (paragraph 5).

2.15. You are responsible for anything that happens through your account unless you close it or report misuse.

Technical requirements

2.16. To use the Service you need:

▪ use the computer, smartphone or other multimedia device with a web browser and access to the Internet;

▪ access to your electronic mail linked to your account;

2.17. The Site and all the Services are available only online.

3. Scope of the Service

3.1. DOU is the website which is designed to create and joint the strong community of IT professionals and to become a comfortable and transparent platform where you can present yourself as a professional, follow the industry news and tendencies, express your creativity, communicate and cooperate with other users, find working or business opportunities etc.

3.2. DOU allows you browse the content posted on the Site, including news, articles, calendar and events announcements, forum discussions, job announcements, companies profiles;

3.3. As a logged-in Member, in addition to the scope of services listed below, you are allowed to:

▪ write and post the articles on the Site;

▪ create your profile and promote yourself using the Site functions;

▪ file an application and CV in reply to Job Announcements;

▪ communicate with other users;

▪ where applicable, comment the content posted on the Site;

▪ participate in the forum discussions;

▪ participate in the surveys organized by DOU or our partners;

▪ use other features which require you to be a registered user.

3.4. All Services described herein are provided by DOU are free of charge for users. DOU may offer you additional paid services, which will be covered by the separate agreement.

Replying to job announcements

3.5. You can reply to Job Announcements posted on the Site by choosing a Job Announcement and clicking the “Apply” or equivalent button. Then you will either be redirected to the Announcer’s external recruitment system or asked to fill in a recruitment form on the Site.

3.6. You can reply to Job Announcements posted on the Site as soon as you have logged in to your account.

3.7. You may attach your CV to the reply.

3.8. When replying to a Job Announcement, you should provide your true data.

3.9. Each time you apply for a job otherwise than through a third party recruitment system, you will receive a confirmation of having filed an application in reply to a Job Announcement by email sent to your address specified in the application form or that assigned to your Account.

Stop using the Services

3.10. You can stop using the Services and delete your Account at any time by clicking the “Delete my account” or an equivalent button available in your Account or by contacting us by email at the following address: [email protected] Please learn more about the deletion procedure in our Privacy Policy.

Modification and termination of the Service

3.11. We may change, suspend or discontinue any of our Services.

3.12. We don’t promise to store or keep showing any information and content that you’ve posted. DOU is not a storage service. You agree that we have no obligation to store, maintain or provide you with a copy of any content or information that you or other users provide, except to the extent required by applicable law and as noted in our Privacy Policy.

4. Intellectual property notice

Copyright and other IP

4.1. All graphic elements, technical solutions and other components of the Site are legally protected by copyright and neighbouring rights vested in us or other authorised parties.

4.2. No third parties are authorised to copy, modify, reproduce, distribute or download the Site in whole or in part.

4.3. Any use by anyone without our express written consent of any elements constituting the content of the Site constitutes a breach of our copyrights and our sui generis right in databases and will result in civil and criminal liability. In particular, no one may automatically extract any data from the Site without our express written consent.

4.4. All uses of the DOU name, DOU logo, brand slogans, iconography, and the like, may only be used with express permission from DOU.

4.5. Please contact [email protected] with any questions or to request permission.

User generated content

4.6. When using the Service as a Member, you and/or other users will be able to create the different content (articles, messages, comments, photos, videos, software) and make such content public through the Site (“user generated content” or “UGC”).

4.7. You warrant that all the content you post on the Site is your original work and/or you have the legal authorization to post such content.

4.8. The author of the UGC reserves all copyrights on the content created and grants to DOU the license to use such content as described below.

4.9. When you interact with UGC you are obliged to comply with all applicable copyright laws. You are responsible for any kind of unauthorized use of the UGC such as copying, modification, distribution etc.

Your License to DOU

4.10. As between you and DOU, you own the content and information that you submit or post to the Services, and you are only granting DOU a worldwide, non-exclusive, royalty-free, transferable and sublicensable right (license) to use, copy, modify, distribute, publish and process information and content that you provide through our Site 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:

(a) 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 needed to remove from backup and other systems.

(b) We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have a right without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.

(c) We will get your consent if we want to give other persons a right to publish your content beyond the Services. However, if you choose to share your post as "public”,” everyone” or similar", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable through their services.

(d) While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

Your License to other users

4.11. Since you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others and define the conditions on how the other users may use your content.

4.12. If you do not apply any specific license conditions to your content when you post it, it is implied that the terms of a Creative Commons BY-NC-SA license, are in place for such content.

Content Policy

4.13. The following policy applies to comments, articles, and all other works shared on the DOU platform:

● Users must make a good-faith effort to share content that is on-topic, of high-quality, and is not designed primarily for the purposes of promotion or creating backlinks.

● Posts must contain substantial content — they may not merely make reference to an external link that contains the full post.

● If a post contains affiliate links, it must be clearly disclosed. For instance, with language such as: “This post includes affiliate links; I may receive compensation if you purchase products or services from the different links provided in this article.”

4.14. DOU reserves the right to remove any content that it deems to be in violation of this policy at its sole discretion.

Complaints Regarding Content

4.15. 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.

4.16. If you believe in good faith that your copyright has been infringed, you may submit to [email protected] a Notice of Copyright Infringement which should contains:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description specifying the location on our website of the material that you claim is infringing;

(d) Your email address and your mailing address and/or telephone number;

(e) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

4.17. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice which should contain:

(a) Your physical or electronic signature;

(b) Identification of the material removed or material access to which has been disabled;

(c) A statement that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;

(d) Your full name, your email address, your mailing address.

4.18. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

5. Rules of conduct

5.1. While you use the Site and any Service on the Site you agree that you will:

(a) Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

(b) Provide accurate information to us and keep it updated;

(c) Use your real name on your profile; and

(d) Use the Services in a professional manner.

5.2. You agree that you will not:

(a) Create a false identity on DOU, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

(b) Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;

(c) Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));

(d) Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;

(e) Violate the intellectual property or other rights of DOU;

(f) Post anything that contains software viruses, worms, or any other harmful code;

(g) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology that is not open source;

(h) Imply or state that you are affiliated with or endorsed by DOU without our express consent;

(i) Rent, lease, loan, trade, sell/resell or otherwise monetize the Services or related data or access to the same, without DOU consent;

(j) Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

(k) Monitor the Services’ availability, performance or functionality for any competitive purpose;

(l) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

(m) Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);

(n) Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

5.3. DOU reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. DOU reserves the right to restrict, suspend, or terminate your account if you breach this Agreement or the law or are misusing the Services (e.g., violating any of the Rules of conduct).

6. Liability

6.1. DOU does not bear any liability for the content of the Job Announcements published on the Site. The Announcer bears full liability for the content of the Job Announcements published by it or on its behalf. You acknowledge that the announcer may amend the Job Announcements at any time, also after you have sent an application in reply thereto.

6.2. We do not guarantee that the announcer will reply to your application or will contact you.

6.3. We have the right to take the Site offline for maintenance but we will warn you of that in advance, to the extent practicable, by means of a message displayed on the Site.

6.4. You are obliged to comply with the provisions of these Terms of Use.

6.5. You are obliged to use the Site in a lawful manner and in accordance with good morals, taking into account the respect of personality rights as well as intellectual property rights of third parties.

6.6. You are obliged to provide true data in the application form and in your Account.

6.7. You must not post any illegal content on the Site, including but not limited to, content infringing the personality rights of third parties, content inciting hatred for racial, ethnic or religious reasons, content violating generally accepted social norms and/or the law.

6.8. You must not post any content constituting a purchase or sale offer on the Website, including in particular you must not trade in any items whose trading is illegal.

6.9. We undertake activities in order to ensure the correct operation of the Site to the extent resulting from the current technical knowledge and we undertake to immediately repair any malfunctioning of the Site as reported by the Users.

6.10. If any content published on a page of the Site infringes your personality rights or those of another individual, or if it has features of an abuse (incites hatred, violates the generally accepted social norms and/or the law), you can give us a notice of such a breach or abuse by sending us an email to the following address: [email protected]

6.11. As soon as we receive a complaint or notice of a potential breach or abuse, we will undertake immediate action in order to repair any malfunctioning of the Site or remove any content causing such a breach or abuse, as the case may be.

6.12. We are liable for the content posted by Members only provided that we are informed of its illegality, in accordance with the provisions of these Terms of Use.

6.13. In the event that we receive a notice of illegality of any posted content, we reserve the right to delete any comments posted by the Users, in particular those with inadequate content or comments that may constitute a breach of the applicable laws or these Terms of use, if, based on a notice from a third party or competent authorities, such comments are found to be a potential breach of the applicable laws and/or these Terms of use.

7. Limitation of liability

7.1. In no event shall DOU or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on DOU website, even if DOU or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7.2. The materials appearing on the Site could include technical, typographical, or photographic errors. DOU does not warrant that any of the materials on its web site are accurate, complete, or current. DOU may make changes to the materials contained on its web site at any time without notice. DOU does not, however, make any commitment to update the materials.

7.3. DOU has not reviewed all the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DOU of the site. Use of any such linked web site is at the user's own risk.

8. Changes to this Terms of use

8.1. We reserve the right to revise these Terms of use at any time. If we change these Terms of use in the future, we will post the revised Terms of use and update the “Effective Date,” above, to reflect the date of the changes.

8.2. Amendments to the Terms of use will come into effect no less than seven days from the date the amended Terms of use are made available on the Site.

8.3. If you continue to use the Site after the amended Terms of use have come into effect, you will be deemed to have accepted such amendments.

9. Governing law and arbitration agreement

9.1. These Terms of use and any relationships based on these Terms will be governed by and interpreted under the laws of Poland.

9.2. Any dispute arising in connection with this Agreement which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of Poland, subject to possible appeal to the European Court of Justice.

10. Questions or concerns & contact details

10.1. If you have any questions about these Terms, please contact our Support at [email protected] We will make every effort to resolve your concerns.

10.2. Postal address: DJINNI EUROPE OÜ, Harjumaa, Tallinn linn, Pae tn 21, 11415, KRS 12887474