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Terms

Last Updated on March 30, 2024

I, Jürgen Järvik (“I”, “my”, “me”), operate the website grandeflanerie.com (the “Site”) as well as any other related products and services that refer or link to these legal terms (the “Terms”) (collectively, the “Services”).

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and me, concerning your access to and use of the Services. 

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and you must discontinue use immediately. 

I will provide you with prior notice of any scheduled changes to the Services you are using. The modified Terms will become effective upon posting or notifying you by me. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. 

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Services.

1. Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject me to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations, so if your interactions would be subjected to such laws, you may not use the Services.

2. Intellectual Property Rights

I am the owner of all the text, photographs, designs, and logos in the Services (collectively, the “Content”). My Content is protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content is provided in or through the Services “as is” for your personal, educational, and non-commercial use only.

Subject to your compliance with these Terms, including the “Prohibited Activities” section below, I grant you a non-exclusive, non-transferable, revocable license to access the Services. 

Except as set out in this section or elsewhere in the Terms, no part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without my express prior written permission.

If you wish to make any use of the Services or Content other than as set out in the Terms, please address your request to me. If I ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify me as the owner of the Services or Content and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying my Content.

I reserve all rights not expressly granted to you in and to the Services and Content. 

Any breach of these Intellectual Property Rights will constitute a material breach of the Terms and your right to use the Services will terminate immediately.

Please review this section and the “Prohibited Activities” section carefully prior to using the Services to understand the rights you give me and the obligations you have.

By directly sending me any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to me all intellectual property rights in such Submission. You agree that I will own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By sending me Submissions through any part of the Services you:

  • Confirm that you have read and agree with the “Prohibited Activities” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant me the above-mentioned rights in relation to your Submissions; and
  • Warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse me for any and all losses that I may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law.

3. User Representations

By using the Services, you represent and warrant that: 

  • All registration information you submit will be true, accurate, current, and complete; 
  • You will maintain the accuracy of such information and promptly update such registration information as necessary; 
  • You have the legal capacity and you agree to comply with these Terms; 
  • You are not under the age of 13; 
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; 
  • You will not access the Services through automated or non-human means, whether through a bot, script or otherwise; 
  • You will not use the Services for any illegal or unauthorized purpose; and 
  • Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, I have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. 

5. Products

I reserve the right to discontinue any product at any time for any reason. Prices for the products are subject to change.

6. Purchases and Payment

I accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • UnionPay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that I can complete your transactions and contact you as needed.

I may change prices at any time. All payments shall be in Euros.

You agree to pay all charges at the prices then in effect for your purchases. 

7. Subscriptions

The subscriptions are not automatically renewed. You will be sent an automatic reminder when your subscription has expired. You are able to renew, change, cancel, and abandon your subscription under your account. 

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. 

I may, from time to time, make changes to the subscription fees and will communicate any price changes to you in accordance with applicable law.

8. Refunds Policy 

All sales are final and no refund will be issued.

9. Prohibited Activities

You may not access or use the Services for any purpose other than that for which I make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from me;
  • Trick, defraud, or mislead me and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;
  • Disparage, tarnish, or otherwise harm, in my opinion, me and/or the Services;
  • Use any information obtained from the Services in order to harass, abuse, or harm another person;
  • Make improper use of my support services or submit false reports of abuse or misconduct;
  • Use the Services in a manner inconsistent with any applicable laws or regulations;
  • Engage in unauthorized framing of or linking to the Services;
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • Attempt to impersonate another user or person or use the username of another user;
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats, 1×1 pixels, web bugs, cookies, or other similar devices;
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
  • Harass, annoy, intimidate, or threaten me in providing any portion of the Services to you;
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • Use the Services as part of any effort to compete with me or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise;
  • Use the Services to advertise or offer to sell goods and services; and
  • Sell or otherwise transfer your profile.

10. User-Generated Contributions

The Services do not offer users to submit or post content.

I may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to me or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Services and through third-party websites.

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize me, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms;
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms;
  • Your Contributions are not false, inaccurate, or misleading;
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by me);
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
  • Your Contributions do not violate any applicable law, regulation, or rule;
  • Your Contributions do not violate the privacy or publicity rights of any third party;
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

11. Contribution License

You and Services agree that I may access, store, process, and use any information and personal data that you provide and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that I can use and share such feedback for any purpose without compensation to you.

I do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. I am not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate me from any and all responsibility and to refrain from any legal action against me regarding your Contributions.

12. Third-Party Websites and Content

The Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, information, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not thoroughly investigated, monitored, or checked for accuracy, appropriateness, or completeness by me. 

I am not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by me. 

If you decide to leave the Services and access the Third-Party Websites or to use any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. 

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and I take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that I do not endorse the products or services offered on Third-Party Websites and you shall hold me blameless from any harm caused by your purchase of such products or services. 

Additionally, you shall hold me blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13. Services Management

I reserve the right, but not the obligation, to: 

  • Monitor the Services for violations of these Terms; 
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; 
  • In my sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; and
  • Otherwise manage the Services in a manner designed to protect my rights and property and to facilitate the proper functioning of the Services.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Services. 

Without limiting any other provision of these Terms, I reserve the right to, in my sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. I may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in my sole discretion.

If I terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, I reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. Modifications and Interruptions

I reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at my sole discretion without notice. However, I have no obligation to update any information on my Services. I will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

I cannot guarantee the Services will be available at all times. I may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. I reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. 

You agree that I have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate me to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. Governing Law

These Terms are governed by and interpreted following the laws of Estonia.

If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. You may make a claim to defend your consumer protection rights in regards with these Terms in Estonia, or in the EU country in which you reside.

17. Dispute Resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or me (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least one hundred and eighty (180) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Any dispute arising from the relationships between the Parties to these Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Tallinn, Estonia. The language of the proceedings shall be Estonian. Applicable rules of substantive law shall be the law of Estonia. 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

  • No arbitration shall be joined with any other proceeding; 
  • There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and 
  • There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: 

  • Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; 
  • Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and 
  • Any claim for injunctive relief. 

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

18. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. Disclaimer

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. 

To the fullest extent permitted by law, I disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

I make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services. I will assume no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of content and materials; 
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services;
  • Any unauthorized access to or use of my secure servers and/or any and all personal information and/or financial information stored therein;
  • Any interruption or cessation of transmission to or from the Services;
  • Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the services by any third party; and/or 
  • Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. 

20. Limitations to Liability

In no event will I be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if I have been advised of the possibility of such damages. 

Notwithstanding anything to the contrary contained herein, my liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to me during the six (6) month period prior to any cause of action arising. 

Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

21. Indemnification

You agree to defend, indemnify, and hold me harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  • Use of the Services; 
  • Breach of these Terms; 
  • Any breach of your representations and warranties set forth in these Terms; 
  • Your violation of the rights of a third party, including but not limited to intellectual property rights; or 
  • Any overt harmful act toward any other user of the Services with whom you connected via the Services. 

Notwithstanding the foregoing, I reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify me, and you agree to cooperate, at your expense, with my defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. User Data

I will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although I perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that I shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against me arising from any such loss or corruption of such data.

23. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending me emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications I provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. 

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by me or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. Miscellaneous

These Terms and any policies or operating rules posted by me on the Services or in respect to the Services constitute the entire agreement and understanding between you and me. My failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. 

I may assign any or all of my rights and obligations to others at any time. 

I shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond my reasonable control. 

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. 

There is no joint venture, partnership, employment or agency relationship created between you and me as a result of these Terms or use of the Services. 

You agree that these Terms will not be construed against me by virtue of having drafted them. 

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

25. Contact

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact me at j.jarvik@gmail.com.