If you have any questions, please don’t hesitate to contact us using our Support Form.
Use of Our Service. Dinglay provides a creative community and marketplace where Users can buy and sell design items, such as fonts, brushes, patterns, and other digital assets ("Assets") and socialize around the content (e.g. make comments and participate in Discussions). Our Service allows for a buyer ("Buyer") to purchase limited licenses (in accordance with the applicable license agreement) to use Assets from shops opened on Dinglay by independent creators ("Shop Owners"). References to "buying" or "purchasing" Assets means buying or purchasing limited licenses to those Assets.
Eligibility. You may use the Service only if you can form a binding contract with Dinglay, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Dinglay.
License Terms. Your use of any Assets is subject to the applicable License (outlined in General Licenses and Font Licenses.) We offer different license types, so it is important that you carefully review the rights and restrictions of the License that applies to the Assets before you purchase a license. In the event of a conflict between the License applicable to you and these Terms, the License will apply to the extent of that conflict.
Dinglay Service. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your use only as permitted by the features of the Service and by these Terms. Dinglay reserves all rights not expressly granted herein in the Service and the Dinglay Content (as defined below). Dinglay may terminate this license at any time for any reason or no reason.
Dinglay Accounts. Your Dinglay account gives you access to the services and features that we may establish, maintain, and modify, from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. By connecting to Dinglay with a third-party service, you give us permission
- to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You are responsible for tracking all activity on your own account, and you agree to the following:
- To store all passwords and usernames securely.
- To notify Dinglay of any unauthorized use or security breach. Dinglay will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your account.
- To never share login details or account access with clients or team members.
- To accept responsibility for activity that occurs under your account(s).
- To never transfer or "sell" your account to another person.
Monitoring and Enforcement; Termination. Dinglay reserves the right to monitor downloads and user activity to ensure compliance with the terms of these Terms and the applicable License, which it may update from time to time.We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. We may remove or refuse to post any User Content (defined below) for any reason or no reason in our sole discretion. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Notifications and Emails. By providing Dinglay your email address, you consent to Dinglay using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers ("Newsletters"). Dinglay may provide other notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, "push" mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by Dinglay in our sole discretion (in accordance with applicable law). Dinglay reserves the right to determine the form and means of providing notifications to our Users. Dinglay is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You can manage your email and notifications preferences on your account settings page.
Service Rules. You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping".
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Dinglay servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Dinglay grants the operators of public search engines revocable permission to use spiders to copy materials from CreativeMarket.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
- Transmitting spam, chain letters, or other unsolicited promotional email.
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
- Taking any action that imposes- or may impose, as we determine at our sole discretion- an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, or other software agents through the Service, including through any User Content.
- Collecting or harvesting any personally identifiable information, including account names and emails, from the Service.
- Using the Service for any commercial solicitation purposes.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, engaging in fraud, hiding or attempting to hide your identity.
- Interfering with the proper working of the Service.
- Accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
- Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.
We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Some areas of the Service allow Users to post content outside of Assets for sale, such as profile information, screenshots, comments, images, files, and other content or information. Any such material a User submits, posts, displays, or otherwise makes available on the Service is "User Content". User Content includes, without limitation, logos, trademarks and service marks, trade names, and other information posted by users, which may be used by Dinglay for marketing and promotional purposes pursuant to the User Content license grant below. You agree to abide by the Dinglay Site Content Guidelines (which we may modify from time to time) when you post User Content and interact with other Users of the Service. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Dinglay has no liability for your interactions with other Users, or for any User's action or inaction.
User Content License Grant.
To Dinglay. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Dinglay a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Dinglay business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
To Other Users. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, as permitted through the functionality of the Service and under these Terms.
Additional User Content Prohibitions. You agree not to post User Content that:
- is pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, or User Content that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- contains any information or content that you know is not correct and current; or
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Resolution Process for Transactions. All parties share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free. Our Service hosts the resolution process for transactions when Buyers claim that their Asset was not received, or the Asset they received was different from what was described in the product listing. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used. Should you file a chargeback or dispute on a purchase you have made on Dinglay, we reserve the right to close your account without notice (in compliance with applicable laws and rules). Purchases are subject to the following Chargeback Policy, which may change from time to time.
Our Proprietary Rights. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to Dinglay, other Users, and other licensors to Dinglay (the "Dinglay Content"), and all Intellectual Property Rights related thereto, as between you and Dinglay, are the exclusive property of Dinglay and its licensors (including that of other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Dinglay Content. Use of the Dinglay Content for any purpose not expressly permitted by these Terms is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dinglay under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dinglay does not waive any rights to use similar or related ideas previously known to Dinglay, or developed by its employees, or obtained from sources other than you.
Dinglay Property. Certain aspects of the Service may allow you to obtain certain reputational or status indicators and/or purchase Service currency ("Credits" used to easily buy Assets (collectively "Dinglay Property"). While the Credits you purchase do not expire, you acknowledge and agree that if your account becomes Inactive, Dinglay may, without further notice to you, redeem all Credits remaining in your account for any other Dinglay Property that Dinglay selects, in its sole discretion. If your account is terminated or you cancel your account, you will not receive any refund or credits, except as described below in Section 8 pursuant to our Refund & Exchange Policy. For purposes of this Section 7, the term "Inactive" means that, based on Dinglay’s records: (i) for a period of one (1) year, or more, you have not logged into your account on the Service; or (ii) despite commercially reasonable efforts, Dinglay has been unable to contact you to verify that you intend to continue use of your account.You understand and agree that regardless of terminology used, Dinglay Property represents a limited license right governed solely by the terms of these Terms and available for distribution at Dinglay's sole discretion. Dinglay Property is not redeemable for any sum of money or monetary value from Dinglay at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Dinglay on Dinglay servers, including without limitation any data representing or embodying any or all of your Dinglay Property. You agree that Dinglay has the absolute right to manage, regulate, control, modify and/or eliminate Dinglay Property as it sees fit in its sole discretion, in any general or specific case, and that Dinglay will have no liability to you based on its exercise of such right. All data on Dinglay's servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Dinglay's servers, may be deleted, altered, moved or transferred at any time for any reason in Dinglay’s sole discretion, with or without notice and with no liability of any kind. Dinglay does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Dinglay’s servers.
Fees and Paid Services.
Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the posted pricing and payment terms as we may update them from time to time. Dinglay may cancel subscriptions without prior notice if we are unable to process payment through the provided method of payment.
Account Cancellation. You may cancel your account at any time; however, should you cancel your account, you will not be granted a refund upon cancellation. In the event that Dinglay suspends or terminates your account or these Terms for any reason, you understand and agree that you shall receive no refund or exchange for any Dinglay Property, any credits you have saved, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Refund Policy: You agree that all refunds are at the sole discretion of Dinglay. Dinglay has no obligation to refund amounts paid to license digital Assets, including but not limited to if Dinglay finds that the Asset has been downloaded by the User. You agree to Dinglay’s full Refund & Exchange Policy, which we may modify from time to time in our sole discretion.
In the event Dinglay makes an exception and issues a refund (which it is under no obligation to provide), you understand and agree that you must immediately retrieve and delete all relevant product files from any and all places you have distributed the files to and all computers you have downloaded them to, including but not limited to any Dropbox accounts which you have synced with your Dinglay account.
You also understand and agree that once a refund is requested, you are not permitted to exploit the product files (Assets) in question, and immediately upon receipt of a refund, all licenses to such product files and underlying content are revoked, and you are not authorized to use the product in any form or for any purpose whatsoever.
Payment Information and Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Consent and Collection and Use of Data.
Asset Purchases. If you are a Buyer who purchases an Asset, you acknowledge and agree that the Shop Owner will have access to purchase information including the username you selected (which is publicly visible on the Service) along with the Asset you purchased and the date you purchased it ("Purchase Information") and you direct Dinglay to make Purchase Information available to the applicable Shop Owner; the Shop Owner will also have access to any other information you choose to make publicly available on the Service (through your Dinglay public profile page), but will not have access to any credit card information or email address. If you are a Shop Owner, you may use Purchase Information solely to make available the Asset to the Buyer through the Service and provide directly related support; you may not sell any Purchase Information; and you may not further retain, use, or disclose personal information for any other purpose, except to the extent required by law.
Third Party Services. Please be aware that (among other things) third parties (such as social media platforms or other company websites that we link to online or from our web sites and applications) are responsible for their own privacy practices. Be sure to read the privacy policies, supplemental notices, and settings of all websites or platforms that you visit so you can understand their privacy practices and your options.
Sensitive Personal Information. You agree to only provide tax and payment information in the specific areas of our website provided to collect that information. You agree not to provide any other Sensitive Personal Information. You acknowledge that any data storage functionality of the Service is not intended for the storage of medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, "Sensitive Personal Information"). You agree to only upload or otherwise submit any Sensitive Personal Information to us in connection with the Service if required for billing, payment, or taxes. You agree that we have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Service.
Storage Practices and Limits. There is limited storage space for User Content on the Service. While we’ll make efforts we believe are reasonable to safeguard and backup User Content, and to make User Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any User Content or Assets. We reserve the right to mark or treat as "inactive" and archive accounts and/or User Content or Assets that are inactive for an extended period of time, as determined by us. We reserve the right to change our practices and storage rules at any time in our sole discretion with or without notice to you.
Indemnity. You agree, at your sole expense and to the fullest extent permitted by law, to defend (at our request), indemnify and hold harmless Dinglay and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (individually and collectively, "Our Parties"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) suffered or incurred by Our Parties by reason of any claim, suit or proceeding ("Claim") arising out of or in connection
- Your use of and access to the Service, including any data or content transmitted or received by you.
- Your violation of any term of these Terms or any Policies (defined below), including without limitation your breach of any of the representations and warranties above.
- Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights.
- Your violation of any applicable law, rule or regulation.
- Any claim or damages that arise as a result of any of your User Content or any that is submitted via your account.
- Any other party's access and use of the Service with your unique username, password or other appropriate security code.
DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Dinglay, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. Dinglay DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Dinglay SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Dinglay WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
DISCLAIMER OF DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL OUR PARTIES BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Dinglay ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
ERRORS, MISTAKES, TYPOGRAPHICAL ERRORS, OR INACCURACIES OF CONTENT.
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE.
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE.
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
LIMITATION OF LIABILITY. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) ALL AMOUNTS PAID OR DUE FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (NO MATTER WHEN PAYMENTS WERE ACTUALLY MADE). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IS NOT INTENDED TO, NOR DOES IT, REQUIRE THE RELINQUISHMENT OF ANY NON-WAIVABLE RIGHT AFFORDED TO YOU BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. Dinglay makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations, and all laws related to protection and transfer of data and personal identifiable information. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
Arbitration. PLEASE READ THIS SECTION CAREFULLY; IT AFFECTS YOUR RIGHTS. For any claim, dispute, or controversy between you and us that arises out of, is related to or in connection with these Terms (individually a "Claim" and collectively "Claims"), you agree to first contact the Support Team to attempt to resolve the Claim informally. We hope we can resolve any Claim with you. In the unlikely event that you and Dinglay have not been able to resolve the Claim within sixty (60) days after you contact us, then you and we each agree to resolve the Claim by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except for any and all Claims related to injunctive or other equitable relief and/or any dispute relating to the enforcement or validity of your, your licensors’, our, or our licensors’ Intellectual Property Rights (discussed below):
The extent that arbitration clauses are prohibited by applicable law in jurisdictions outside of the United States.
You may file a Claim in small claims court if the Claim meets the requirements to be heard in small claims court.
Governing Law and Jurisdiction. Subject to the other terms and conditions of these Terms, you agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be governed by and construed in accordance with the laws of the State of California (and, to the extent controlling, the federal laws of the United States). The laws of the State of California will govern without reference to the conflicts-of-laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act will not apply to (and are excluded from the laws governing) these Terms. In addition, you agree that any claim, action or dispute arising under or relating to these Terms will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of Marin, or the United States District Court for the Northern District of California in San Francisco. Nothing in the foregoing will prevent us from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.
Export Control. You acknowledge and agree that your use of the Service is subject to compliance with United States and other applicable country export control and trade sanctions laws, rules and regulations, including, without limitations the regulations promulgated by the U.S. Department of Commerce and the U.S. Department of the Treasury ("Export Control Laws"). You will be solely responsible for complying with the Export Control Laws and monitoring any modifications to them. You represent and warrant that:
You are not a citizen of, or located within, a nation that is subject to U.S. trade sanctions or other significant trade restrictions (including, without limitation, Cuba, Iran, Sudan, Syria, Crimea, and North Korea).
You are not identified on any U.S. government restricted party lists (including, without limitation, the U.S. Treasury Department's List of Specially Designated Nationals and Other Blocked Persons, the U.S. Department of Commerce’s Denied Party List, Entity List and Unverified List and the U.S. Department of State’s proliferation-related lists).
You will not, unless otherwise authorized under the Export Control Laws, use the Service in any restricted end use, including, without limitation, design, analysis, simulation, estimation, testing, or other activities related to nuclear, chemical/biological weapons, rocket systems or unmanned air vehicles applications.
That no part of your User Content or Assets are subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws.
You agree that you will not use the Service to disclose, transfer, download, export or re-export, directly or indirectly, Your Content or any other content or material to any country, entity or other party which is ineligible to receive such Assets under the Export Control Laws or under other laws or regulations to which you may be subject.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Dinglay Labs, LLC
300 Lenora St (#515) Seattle, WA 98121
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise and OnGuard Online. Please note that we do not endorse any of the products or services listed at such site.
Relationship. The parties' relationship to each other under these Terms is strictly that of independent contractors and nothing in these Terms will in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture or other relationship. Each party will be responsible for covering their respective costs and expenses in performing their duties under these Terms, unless expressly provided otherwise herein. If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms and the remainder of these Terms will continue in full force and effect. The section headings used in these Terms are for convenience only and will not be given any substantive effect. The English language version of these Terms is legally binding in case of any inconsistencies between the English version and any translations. If you access the Service in Canada, You agree to the following: The parties hereto confirm that it is their wish that these Terms, as well as other related documents, including notices, have been and will be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s’y rattachent, soient rédigés en langue anglaise. Except as expressly provided herein, a party may only waive its rights under these Terms by a written document executed by both parties. Any failure to enforce any provision of these Terms will not constitute a waiver thereof or of any other provision hereof. You may not assign or delegate these Terms or any of your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that we may assign or sub-contract any of its rights or obligations under these Terms.
Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please contact us by writing to [email protected] California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834.
Confidentiality. By using the Service you agree you may acquire certain proprietary and confidential information (collectively, "Confidential Information"). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep such information confidential. This provision includes any materials exchanged in arbitration, except to the extent necessary to enforce an arbitral award.
Changes or Updates to these Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately unless we indicate a different effective date when we post them. If you don’t agree with any material changes or updates we make to these Terms, you must notify us of that fact by sending an email to us at [email protected] within thirty (30) days after the effective date of the change ("Effective Date"). Notifying us in this way will terminate the updated terms and conditions as to your use of the Service and the terms and conditions that apply to you will be the terms and conditions in effect immediately before the change (unless the change made was made to comply with applicable law) and those terms and conditions will be in effect until thirty (30) days after the Effective Date (the "End Date"). The End Date will be the end of the term of your Service. Unless you notify us within 30 days as set forth above, your continued use of the Service after the Effective Date will be deemed an acceptance of these changes and a renewal and extension of the Terms in effect at the Effective Date. Notwithstanding the foregoing, any changes to these Terms will not apply to any dispute between you and us arising prior to the date on which we posted the revised version of these Terms incorporating such changes or otherwise notified you of such changes.
Contact. Please visit our Help Center with any questions regarding the website, or submit a support ticket with any questions regarding the Terms, Service, account, or billing matters.