You acknowledge that Rokanan provides the Service and the website on “AS IS” basis without warranties of any kind, either express or implied. Particularly, Rokanan disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose.
You are solely responsible for your use of the Service and our websites, particularly for all and any Content which you send through the Rokanan platform. It is your sole duty and responsibility to backup all your files and data stored on our servers and under no circumstances will we be liable for any loss or damage due to loss of your files and/or data stored on our servers.
Rokanan is not responsible for:
- actions and omissions of third parties (including Account users and Participants), especially using the Account by a third party taking the advantage of login details obtained from you or in other circumstances beyond Rokanan's reasonable control;
failure of external conditions and networks which are necessary to use the Service and are beyond Rokanan's reasonable control;
problems of any kind with features used within test versions, in particular but not limited to beta-test versions;
insufficient or fluctuations of the bandwidth used by Customer or Participant which may affect Content quality.
To the maximum extent permitted by law, Rokanan, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss (even if Rokanan has been advised of the possibility of such damage), howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Customer. Rokanan's entire liability, regardless of the form and cause of action, in any event is limited to the aggregate amount paid by the Customer for the Service in one month immediately preceding the date the Customer notifies Rokanan of such a claim, or in the aggregate, in respect of all claims under or related to the Services provided by Rokanan to the Customer. The Customer hereby releases Rokanan, its employees, directors, officers and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation.
Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfil their respective obligations. By Force Majeure the Parties understand an exceptional occurrence, caused by an external factor which cannot be foreseen and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Service, and whose activity is independent of the Parties.
You agree to indemnify and hold Rokanan, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages, expenses, including but not limited to attorney fees basing or arising from (i) your failure (or any individual using your username details) to comply with your obligations under these Terms of Service or (ii) violation of any law, or of the rights of any third party by you, your landing page visitor or Participant, or (iii) your use of the third party services or integration of the Service with the third party services, or (iv) Participant’s Content and activity. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.