LAST REVISED JANUARY 29, 2013
The Services are provided by Data Dynamics, Inc. (“Data Dynamics,” “we,” “us” or “our”).
- USING OUR SERVICES
By using the Services, you are agreeing to the terms and conditions as set forth in these Terms. Please read these Terms carefully. Do not use the Services if you do not agree to all of the Terms.
Use of the Services by anyone under the age of 13 is prohibited. By using the Services, you warrant that you are 13 years of age or older.
Do not misuse the Services. For example, do not interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law, including applicable export or re-export control laws and regulations. Data Dynamics may suspend or stop providing the Services to you if you do not comply with the Terms or our policies, or if we are investigating suspected misconduct.
In connection with your use of the Services, Data Dynamics may send you service announcements, administrative messages, and other information. You may opt out of some, but not all, of those communications.
- MODIFICATION AND TERMINATION OF SERVICES
Data Dynamics may, in its sole discretion, discontinue offering the Services or terminate or suspend your access to the Services at any time.
Data Dynamics may change or modify any of the terms of these Terms at any time, in its sole discretion. You are responsible for regularly visiting the Terms to review any changes. Changes will not apply retroactively and will become effective immediately upon being posted to the website. However, changes addressing new functions or changes made for legal reasons will be effective immediately. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Services, you signify your acceptance of the then-current Terms. If you do not agree to the modified Terms, you should discontinue use of the Services.
- PROPRIETARY MATERIAL
Unless otherwise noted, the Services, and all materials in, on or provided to you as part of the Services, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials, including the trademarks, service marks, logos, slogans, tradenames and trade dress of Data Dynamics used on or as part of the Services (collectively, the “Contents”), are owned, controlled or licensed by Data Dynamics or a third party. You are prohibited from using the Content for any purpose unless you obtain permission from Data Dynamics or are otherwise permitted by law. All Content is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or any other purposes. You agree not to remove, modify or obscure any acknowledgements, credits or legal notices on the Services or on any of the Contents. Any use of the Services in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
Data Dynamics may promote certain products, services, businesses and events, through the Services. Data Dynamics makes no representations regarding the quality or availability of such products, services, businesses and events. In addition, use of such products or services, engaging with any such businesses and participation in such events may be subject to additional conditions, such as membership or the payment of a fee, imposed by third parties. Please see such third parties for details. Data Dynamics shall have no liability relating to such products, services, businesses and events or your use of same for any purpose.
In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
If you contact Data Dynamics with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of Data Dynamics, and your submission of information shall constitute an irrevocable assignment to Data Dynamics of all worldwide rights, titles and interests in and to such information.
- PROHIBITED ACTIONS
You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Data Dynamics reserves the right to determine what types of conduct it considers to be inappropriate use of the Services. In the case of inappropriate use, Data Dynamics may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that when using the Services, you will not: (a) use the Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules; (b) take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure or otherwise in a manner that may adversely affect performance of the Services or restrict or inhibit any other user from using and enjoying the Services; (c) use the Services for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Services’ Content; (d) aggregate, copy, duplicate, publish, or make available any of the Content of the Services to third parties outside the Services in any manner; (e) collect information about others, including email addresses, without their consent; and (f) engage in any other action that, in the judgment of Data Dynamics exposes it or any third party to potential liability or detriment of any type.
- LINKS TO OTHER SITES AND SERVICES
The Services may contain advertisements, postings and links to websites operated by other parties for your convenience and information. The advertisements, postings and linked sites are not under the control of Data Dynamics and Data Dynamics is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply endorsement of information, material, products or services of any other party or any other website. Data Dynamics disclaims all liability with regard to your access to and use of such information, material, products or services, or transactions with such linked websites or other parties. You acknowledge and agree that Data Dynamics is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content, information, material, products or services available on or through any other site or resource.
- DISCLAIMER OF WARRANTIES
OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR RISK.
DATA DYNAMICS MAKES NO WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY DATA DYNAMICS AND WAIVED BY YOU. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT AVAILABLE THROUGH THE SERVICES, THE OPERATION OF THE SERVICES, THE OUTPUT OF THE SERVICES OR THE RESULTS FROM THE SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DATA DYNAMICS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO, RELATING TO, OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SERVICES OR ANY CONTENT, INFORMATION, PRODUCTS, SERVICES, ACTIVITY, INCLUDING THE USE OF ANY OTHER APPLICATION, SOFTWARE OR HARDWARE IN CONJUNCTION WITH OR AVAILABLE THROUGH THE SERVICES, (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF DATA DYNAMICS OR ANY THIRD PARTY AND (C) YOUR UNAUTHORIZED USE OF THE SERVICES.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATA DYNAMICS DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF DATA DYNAMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- EXCLUSIONS AND LIMITATIONS:
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
- ABOUT THE TERMS
The Terms control the relationship between Data Dynamics and you. They do not create any third party beneficiary rights.
If there is a conflict between the Terms and additional terms agreed to by you and Data Dynamics, the additional terms will control for that conflict.
If you do not comply with these Terms and Data Dynamics does not take action right away, Data Dynamics is not giving up any rights that Data Dynamics may have (such as the right to take action in the future).
Any cause of action or claim you may have with respect to these Terms must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
If it turns out that a particular term or section of the Terms is not enforceable, this will not affect any other term or section of the Terms.
The laws of the State of New York, USA, without reference to conflicts of laws principles, will apply to the Terms and any disputes arising out of or relating to the Terms. All claims arising out of or relating to the Terms shall be litigated exclusively in federal or state courts of New York County, New York, USA, and you and Data Dynamics consent to personal jurisdiction in those courts.
You irrevocably waive the right to trial by jury, and you agree, to the fullest extent permitted by law: (a) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (b) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (c) you have 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 Services are controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Data Dynamics does not represent that the Services or its Content are appropriate outside the United States of America. Data Dynamics reserves the right to limit the availability of the Services for any person, geographic area or jurisdiction at any time in its sole discretion.
Data Dynamics may assign or transfer any or all of its rights and obligations under these Terms without restriction and without notice to you.
Questions? Please direct any questions you may have about these Terms, or technical questions or problems with the Services, to firstname.lastname@example.org.
© 2014 Data Dynamics, Inc. All rights reserved.