Dugongi

TERMS OF SERVICE - Dugongi

1. Introduction

Welcome to Dugongi! These Terms of Service (“Terms”) govern your access to and use of the dugongi.com website (“Site”) and services offered by Dugongi Oy (“we”, “us”, or “our”), Registration No. 3457315-7. Please read these Terms carefully before accessing or using our Site or services.

2. Acceptance of Terms

By accessing or using our Site or services, you agree to be bound by these Terms, along with our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you must not access or use our Site or services.

3. User Eligibility

Our Site and services are designed for a general audience and are available to users who are at least 13 years of age. In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect, use, or disclose personal information from children under 13 without prior parental consent or as permitted by COPPA.

By accessing or using our Site or services, you represent and warrant that you are at least 13 years old or, if you are under 13, that you have obtained parental consent to use our Site and services. If you are a parent or guardian and believe that we have inadvertently collected personal information from your child under the age of 13 without your consent, please contact us at support@cameraand.me so we can take appropriate measures to investigate and address the issue promptly.

If we become aware that we have collected personal information from a child under 13 without verification of parental consent, we will take steps to remove that information from our servers. Additionally, users under the age of 13 must have their parent or guardian read and agree to these Terms of Service and our Privacy Policy on their behalf before using our Site or services.

4. Account Registration and Security

To use our services, you may be required to create an account on our Site. You agree to provide accurate and complete information during the account registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account or any other breach of security.

5. Services and Pricing

Dugongi is a web-based Software as a Service (SaaS) product that enables users to create dynamic and rich videos. Recordings created with the site can be downloaded, streamed or uploaded to cloud services. Details prices and plans are available on our Site.

6. User Content and Guidelines

By using our Site and services, you may submit photos, videos, and other content (“User Content”) to us. You retain ownership of your User Content, but by submitting it, you grant us a non-exclusive, royalty-free, worldwide, and perpetual license to use, reproduce, modify, adapt, publish, distribute, and display your User Content in connection with our Site and services. You represent and warrant that you have all necessary rights to grant us this license.

You agree not to submit any User Content that:

  • Violates any applicable law, regulation, or guideline;
  • Infringes on the intellectual property rights of others;
  • Contains any obscene, pornographic, or offensive material;
  • Contains any personal information about individuals under 13 years old;
  • Contains any harmful or malicious software.

We reserve the right to remove or refuse any User Content at our discretion.

7. Intellectual Property Rights

All content, features, and functionality on our Site and services, including but not limited to text, graphics, logos, images, software, and all other material, are the exclusive property of Dugongi Oy or its licensors and are protected under international copyright, trademark, patents, trade secrets, and other intellectual property or proprietary rights laws.

You acknowledge and agree that by accessing or using our Site and services, you are granted a limited, non-exclusive, non-transferable license to view and use the content and features on the Site strictly in accordance with these Terms. This license does not include any rights for resale or commercial use of the Site or its contents; collection and use of any product listings, descriptions, or prices; derivative use of the Site and its contents; 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.

You agree not to copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (excluding your own User Content) from the Site without the prior expressed written permission of Dugongi Oy and the appropriate third party, as applicable. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.

Any unauthorized use of our Site or services terminates the permission or license granted by Dugongi Oy. We reserve all rights not expressly granted in and to the Site and our content.

If you believe that your intellectual property rights have been infringed upon on our Site, please follow our DMCA policy as outlined in Section 10 for reporting copyright infringement.

8. Acceptable Use Policy

You agree to use our Site and services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Engage in any conduct that may harm or disrupt our Site, services, or other users;
  • Use our Site or services for any fraudulent, deceptive, or illegal activities;
  • Access or attempt to access any unauthorized parts of our Site or services;
  • Use any automated means, such as bots or scrapers, to access, collect, or use information from our Site or services.

Violations of this Acceptable Use Policy may result in termination of your access to our Site and services.

9. Technical Requirements and Compatibility

Our Site and services are designed to work with the latest devices and internet connections. To access and use our Site and services, you must have a compatible device and a stable internet connection. We are not responsible for any issues arising from your device or internet connection that may affect your access to or use of our Site or services.

10. DMCA

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to legitimate copyright infringement claims. If you believe that your copyrighted work has been infringed upon by any User Content on our Site or services, please notify us by sending a DMCA notice to support@cameraand.me  with the following information:

  • A description of the copyrighted work you claim has been infringed;
  • A description of the allegedly infringing material, including its location on our Site or services;
  • Your contact information, including your name, address, telephone number, and email address;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf;
  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

DMCA Counter-Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to our copyright agent:

  1. Your physical or electronic signature.
  2. A description of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
  4. Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court for the district in which your address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.

Please note that if you submit a counter-notice, it will be forwarded to the party who submitted the original DMCA notice. If they do not notify us within 10 business days that they have filed a legal action seeking a court order to restrain you from engaging in infringing activity relating to the material on our Site, we may restore or cease disabling access to the material in question.

11. Community Guidelines

As part of our commitment to providing a safe and welcoming environment for all users, we have established the following community guidelines. By using our Site or services, you agree to abide by these guidelines:

  • Treat other users with respect and courtesy;
  • Do not engage in any form of harassment, bullying, or discrimination;
  • Do not share any personal information about other users without their consent;
  • Do not impersonate other users or create accounts for the purpose of deceiving others;
  • Do not use our Site or services to promote or engage in any illegal activities.

Violations of these community guidelines may result in the removal of User Content, suspension or termination of your account, and other actions as we deem appropriate.

12. Limitation of Liability

In no event shall Dugongi Oy, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your access to or use of our Site or services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages.

13. Disclaimers and Warranties

Our Site and services are provided “as is” and “as available” without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our Site or services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

14. Indemnification

You agree to indemnify, defend, and hold harmless Dugongi Oy, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your access to or use of our Site or services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

15. Governing Law and Jurisdiction

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Finland for the resolution of any disputes arising out of or in connection with these Terms.

16. Dispute Resolution

Any disputes arising out of or in connection with these Terms shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiations within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the rules of the Finnish Chamber of Commerce and Industry or another mutually agreed-upon arbitration body. The arbitration shall be conducted in Finland, and the decision of the arbitrator(s) shall be final and binding on both parties.

17. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which governs the collection, use, and disclosure of your personal information when using our Site and services. By using our Site or services, you acknowledge and agree to the terms of our Privacy Policy.

18. Third-Party Links and Services

Our Site and services may contain links to third-party websites or services that are not owned or controlled by Dugongi Oy. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Dugongi Oy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

19. Modifications to the Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make any changes to the Terms, we will notify you by posting the updated Terms on our Site or through other means as we deem appropriate. Your continued use of our Site or services following the posting of the updated Terms constitutes your acceptance of the changes.

20. Termination

We reserve the right, in our sole discretion, to terminate your access to our Site and services, without notice and liability, for any reason, including but not limited to your violation of these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

21. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

23. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Dugongi Oy with respect to your access to and use of our Site and services and supersede all prior agreements, understandings, and representations, whether written or oral, relating to the subject matter of these Terms.

24. Contact Information

If you have any questions or concerns about these Terms, our Site, or our services, please contact us support@cameraand.me.

Dugongi Oy

Reg. no. 3457315-7