THIS IS AN AGREEMENT BETWEEN YOU AND DAMAKA
HOW DAMAKA MAY MODIFY THIS AGREEMENT
damaka reserves the right to change the terms, conditions, and notices under which it offers the damaka Web Sites. You are responsible for regularly reviewing these terms, conditions and notices. Your continued use of the damaka Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
PERSONAL USE ONLY
damaka application and services are made available for your personal, non-commercial use only. You may not use the damaka application and services to sell a product or service, or to increase traffic to your Web Site for commercial reasons. If you want to make commercial use of the damaka application and services, you must enter into an agreement with damaka to do so in advance. Please contact us for more information.
Use of damaka Application:
damaka application, sometimes referred to as (the “Application”) and accompanying documentation that are made available by download from this Web Site are the copyrighted work of damaka. Use of the Application is governed by the terms of the end user license agreement (“EULA”) that is referenced on this Web Site. By downloading such Application, you agree to the EULA.
Your use of any application associated with the damaka Web Site will be governed by the terms and conditions of the EULA accompanying such Application. damaka reserves all rights to such Application not expressly granted to you in this Agreement. Such Application is protected by copyright and other intellectual property laws and treaties. damaka or its suppliers own the title, copyright, and other intellectual property rights in such application, and such application is licensed, not sold. You will not disassemble, decompile, or reverse engineer or otherwise attempt to discover the source code of the Application available on the Web Site. damaka may automatically check your version of such application and may request permission to download upgrades to such application to your computer.
USER ACCOUNTS, PASSWORD AND SECURITY
damaka does not warrant that the functions contained in the service provided by the Web Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify damaka of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. damaka cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that damaka, in its sole discretion, deems inappropriate or offensive.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at damaka’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
WARRANTIES AND DISCLAIMER
Except as expressly provided otherwise in a written agreement between you and damaka, the materials in or purchased through this Web Site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, damaka disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Without limiting the foregoing, damaka does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. damaka does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not damaka) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Without limitation of the foregoing, you acknowledge that as a service to users of the damaka application, we include links to other Web Sites on the World Wide Web portion of the internet and that damaka has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such Web Sites and you hereby irrevocably waive any claim against us with respect to such Web Sites.
Under no circumstances, including, but not limited to, negligence, shall damaka be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the Web Site, or any other Web Site, even if damaka or a damaka authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAMAKA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAMAKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE SECTION IMMEDIATELY ABOVE ON LIMITATIONS MAY NOT APPLY TO YOU.
TERM OF USE
THIRD PARTY WEB SITE LINKS
damaka may provide links to other Web Sites that we feel are relevant and interesting to our users (“Links”). damaka is not responsible for the content on the Links and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Links may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
Certain parts of the Web Site may ask for written suggestions or problem reports such as using your email client (“Feedback”). The Feedback shall be deemed the property of damaka. damaka shall exclusively own all now known or hereafter existing rights to the Feedback throughout the universe in perpetuity and shall be entitled to use the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback. In any event, any Feedback you send to damaka will not be treated as confidential and damaka shall not be liable for any disclosure of the Feedbacks.
This Web Site is controlled and operated by damaka. damaka makes no representation that materials in the Web Site are appropriate or available for use in your location. Those who choose to access this Web Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of damaka or other third parties. You are not permitted to use the Marks without the prior written consent of damaka or such third party, which may own the Marks. damaka and the damaka logo are trademarks of damaka, Inc.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
damaka will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Web Site or on Web Sites linked to from this Web Site, please notify damaka.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed
- a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled
- a description of where the material that you claim is infringing is located on the Web Site
- information sufficient to permit damaka to contact you, such as your physical address, telephone number, and email address
- a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law
- a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
damaka Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o damaka, Inc.
2460 N. Central Expy, Suite 202
Richardson, TX 75080
By email: email@example.com
These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by damaka.