These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the Datarmino website (the “Service”) operated by Datarmino (“us”, “we”, or “our”). Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
The Service may contain links to third-party web sites or services that are not owned or controlled by Datarmino. Datarmino has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Datarmino shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of Country, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 7 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
You may cancel our services at any point of time by contacting us. We do not offer refunds for the payments that are already processed or services in progress under contract. After cancellation, we will not charge you any payments from the next billing cycle.
If you have any questions about these Terms, please contact us
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Privacy
Any personal information submitted in connection with your use of the Platform is subject to our privacy policy found at WEBSITE URL (the “Privacy Policy”), which is hereby incorporated by this reference. We will use information about you that we obtain either directly from you or that we obtain through your use of the Platform in accordance with our Privacy Policy solely in furtherance of providing you and improving the Platform.
Account and Security
You may need to set up an account in order to use some of the features of the Platform. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using a name or contact information that does not apply to you, and you must provide accurate and current information on all registration forms that are part of the Platform. By accessing any such account, you represent and warrant that you have been authorized to do so by NAME and are doing so only using credentials that have been issued to you by NAME. You may not use any account belonging to any other person without NAME express, prior, written permission. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else and doing so could subject you to civil or criminal liability. We are not liable for any damages or losses caused by someone using your account without your permission.
Proprietary Materials
The Platform contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of NAME and licensors of NAME (collectively, “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Platform, and not by or from any other site or means. The right of access to the Platform does not grant to you any right to download or store any Proprietary Materials in any medium.
NAME reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable license granted you under these Terms of Use. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.
The entire Platform is protected by copyright. Complying with all applicable copyright laws is your responsibility. If you give feedback on the Platform, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Platform without compensation to you. We reserve all rights in and to the Platform unless we expressly state otherwise.
Other trademarks, service marks, and logos used on the Platform are the trademarks, service marks, or logos of their respective owners. NAME is using these third-party trademarks, service marks, or logos with the permission of the trademark owner or for identification purposes only.
We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Platform that we believe (or are notified) may infringe on the rights of others.
User Generated Content
In these Terms of Use, “User Generated Content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to the Platform, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, communicate, publicly perform, publicly display, and distribute your User Generated Content. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Platform.
Your User Generated Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any User Generated Content to the Platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to the Platform, or stored on our servers, or hosted or published upon the Platform. Notwithstanding our rights under these Terms of Use in relation to User Generated Content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Platform.
Acceptable Use
You must not:
We reserve the right to monitor use of the Platform and to suspend, revoke, deny, disable, or terminate your access if you violate any provisions of these Terms of Use or if your or behavior exceeds reasonable limits, as determined in our sole discretion.
Warranty Disclaimer
WE DO NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON THE PLATFORM; NOR DO WE COMMIT TO ENSURING THAT THE PLATFORM REMAINS AVAILABLE OR THAT THE MATERIAL ON THE PLATFORM IS KEPT UP-TO-DATE.
USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. NAME AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NAME AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE PLATFORM OR ANY PRODUCTS PURCHASED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE PLATFORM OR THAT NAME WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE PLATFORM ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND NAME SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE PLATFORM OR ANY CONTENT OBTAINED FROM THE PLATFORM.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
Links to Other Sites
The Platform may contain links to other websites that we do not own or control. We are not responsible for any of these other websites and any links to these other websites should not be interpreted as an endorsement of any company, content, or products. We are not responsible to you for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you do not like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
Export Controls
The Platform may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not access or use the Platform in a U.S.-embargoed country or in violation of any U.S. export law or regulation.
General Terms
Non-Waiver. Failure by NAME to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right.
Severability. If any provision of these Terms of Use is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions of these Terms of Use.
Compliance with Legal Requests. Without limiting the foregoing, we have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose customer data or other information on the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER LAW, NAME AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR ANY CONTENT PROVIDED BY OR THROUGH THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NAME’S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.
Indemnity. You agree to indemnify and hold harmless NAME and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from any User Generated Content, your use of the Platform, your connection to the Platform, your violation of these Terms of Use or your violation of any rights of any third-party.
Equitable Relief. You acknowledge that a breach of these Terms of Use may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
Assignment. We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms of Use. You may not assign or otherwise transfer your rights, obligations, or duties under these Terms of Use, in whole or in part.
DMCA. It is the policy of NAME to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”). If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by providing the following information to NAME’S Designated Copyright Agent:
The Notice, with all items completed, may be delivered to NAME’S Designated Copyright Agent by email at dmca@EMAIL, or by mail at the following address:
Address
Upon receipt of a Notice, with all items completed, NAME will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform. NAME’S receiving, investigating, or responding to your Notice does not constitute NAME’S agreement or verification of your claim(s) or any admission of liability therefor.
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