Welcome to Clan Donaldson! These Terms of Use (“Terms”) govern your access to and use of the Clan Donaldson website (https://clan-donaldson.com/) and any related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
1. Use of the Services
1.1 Eligibility: You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old.
1.2 Compliance: You agree to comply with all applicable laws, rules, and regulations in your use of the Services.
1.3 Prohibited Activities: You may not use the Services for any illegal purpose or in violation of any laws or regulations. Prohibited activities include, but are not limited to:
- Engaging in any form of gambling or betting where it is illegal.
- Using the Services to harass, threaten, or violate the rights of others.
- Interfering with or disrupting the Services or servers or networks connected to the Services.
- Attempting to gain unauthorized access to the Services or any related systems or networks.
2. Intellectual Property
2.1 Ownership: All content and materials available on the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Clan Donaldson or its content suppliers and are protected by copyright, trademark, and other intellectual property laws.
2.2 License: Subject to your compliance with these Terms, Clan Donaldson grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use.
3. User Content
3.1 Responsibility: You are solely responsible for all content that you upload, post, email, transmit, or otherwise make available via the Services (“User Content”).
3.2 License Grant: By submitting User Content, you grant Clan Donaldson a worldwide, non-exclusive, royalty-free, fully paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any and all media or distribution methods (now known or later developed).
3.3 Prohibited Content: You may not submit any User Content that is illegal, offensive, harmful, or violates the rights of others. Prohibited content includes, but is not limited to:
- Content that is defamatory, obscene, pornographic, or otherwise offensive.
- Content that infringes on the intellectual property rights of others.
- Content that promotes illegal activities or violates any laws or regulations.
4. Disclaimers
4.1 No Warranties: The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
4.2 No Liability: Clan Donaldson does not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any information, software, or other material accessible through the Services is free of viruses or other harmful components.
5. Limitation of Liability
5.1 Liability Limit: To the maximum extent permitted by law, Clan Donaldson shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; or (iv) unauthorized access, use, or alteration of your transmissions or content.
5.2 Maximum Liability: In no event shall the aggregate liability of Clan Donaldson exceed the greater of one hundred dollars ($100.00) or the amount you paid Clan Donaldson, if any, in the past six months for the Services giving rise to the claim.
6. Indemnification
You agree to indemnify and hold harmless Clan Donaldson, its affiliates, officers, agents, and employees from and against any claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
7. Termination
Clan Donaldson may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Governing Law
These Terms and any action related thereto will be governed by the laws of [insert jurisdiction] without regard to or application of its conflict of law provisions or your state or country of residence.
9. Dispute Resolution
9.1 Arbitration: Any dispute arising out of or relating to these Terms or your use of the Services shall be resolved by binding arbitration in accordance with the rules of [insert arbitration organization]. The arbitration shall be conducted in [insert location], and judgment on the arbitration award may be entered in any court having jurisdiction.
9.2 Class Action Waiver: Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that you will not seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
10. Miscellaneous
10.1 Entire Agreement: These Terms constitute the entire agreement between you and Clan Donaldson regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and Clan Donaldson.
10.2 Waiver and Severability: The failure of Clan Donaldson to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
10.3 Amendment: We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.
11. Contact Us
If you have any questions about these Terms, please contact us at:
Please review this policy with your legal team to ensure it complies with all relevant laws and regulations.