1. What the Agreement CoversThis is an Agreement (contract) between you and Dan Khasis, LLC (hereinafter referred to as ‘DKLLC’, ‘we,’ ‘us’ or ‘our’). All of the software or services are referred to in this contract as the ‘service.’ DKLLC provides no warranties for the service. This agreement limits our liability to you arising out of your use of the service. You are hereby referred to and urged to read carefully the sections of this agreement “No Warranty” and “Liability Limitation”.
2. Prohibited Uses of the ServiceIn using the service, you at all times agree that you will not: a) Engage in, facilitate, further, aid or abet any unlawful conduct; b) Use the service in a way that harms any third party; c) In any way use the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”); d) Use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by DKLLC, or ‘meta-searching’); e) Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service; f) In any way attempt to copy or “reverse engineer” the service, or any part thereof; g) In any way damage, disable, overburden, or impair the service (or the network(s) connected to the service), or interfere with anyone’s use and enjoyment of the service; and/or, h) Resell or redistribute the service, or any part of the service.
3. Your Responsibility for Your Dan Khasis AccountOnly you may use your service account. For some parts of the service, we may allow you to set up additional member accounts or subsidiary accounts that are dependent on your account (an ‘associated account’). You are responsible for all activity that takes place with your service account and/or all associated accounts. You may not authorize any third party to access and/or use the service on your behalf except where we provide a mechanism for third parties to access the service on your behalf.
4. Associated Accounts; Accounts From Third PartiesIf you are the user of an associated account, the holder of the service account has full control over your associated account. This includes the right to end the service, close or alter your associated account at any time and, in some cases, request and receive machine and service use information related to your associated account. If a third party, such as an ISP, employer or school, gave you your account, the third party has rights to your account. The third party may manage your account, reset your password, or suspend or terminate your account; view your account’s usage and profile data, including how and when your account is used; and read or store the content in your account, including electronic communications, contact lists and other information.
5. Your ContentYou may submit content, including, but not limited to addresses, for use in connection with the service. You understand and agree that we do not control or endorse the content that you and others use in conjunction with the service. Except for material that we license to you, we do not claim ownership of the content you post or provide on the service. You warrant that all content used by you in conjunction with the service is content that you own, or that you have been granted the right to use by the owner of that content, or that the content is in the public domain, or available for use by the general public. You understand and agree that: a) Using or sharing content that violates any other party’s copyrights, or other intellectual property rights violates this agreement; b) We are not required to, and will not, pay you for any use of your content. The service includes, or may include, areas available to the general public, shared areas available to others you have selected, and private areas where you have not granted access to others. If you share content with others on, or by means of, the service in either public or shared areas, or by any other means, then you understand and agree that others with whom you have shared content may use that content. You understand that DKLLC may need, and you hereby authorize DKLLC to use, modify, copy, distribute and display content posted on the service to the extent necessary to provide the service. This includes: a) Storing and retrieving any content you have provided; b) Making the content available to you, including to any and all associated accounts, or to any members of the public or other sites or services with which you have shared the content, to include, but not limited to such services as Digg.com, Facebook.com, etc; c) Using or modifying the content in any manner that DKLLC at its sole discretion reasonably feels to be necessary to allow it to provide the service, or to conform with your intentions; d) Using, modifying, or sharing the content to promote the service, or to provide others with examples of how the service is, or may be used.
6. PrivacyIn order to operate and provide the service, we collect certain information about you. We may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of DKLLC, our customers, or third parties, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of DKLLC employees, customers or the public. The service is a private computer network that DKLLC operates for the benefit of itself and its customers. DKLLC retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the service. In order to provide you the service, we may collect certain information about service performance, about the device you use to access the service, and/or your network. We may automatically upload this information from your machine. This data will not be used to personally identify you. Personal information collected through the service may be stored and processed in the United States, or any other country in which DKLLC or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country. DKLLC abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union.
7. SoftwareIf you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you the right to use the software only for the authorized use of the service on that number of computers stated in your service offer. We reserve all other rights to the software. We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the service. Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software. We may disable the software after the date the service ends. You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or service without U.S. government permission to anyone on U.S. government exclusion lists (see Commerce Department’s Lists to Check); the governments of Iran, Sudan, or Cuba; or prohibited members of the Cuban Communist Party. You represent and warrant that you are not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above. If you use the software to access content that has been protected with DKLLC Digital Rights Management (DRM), in order to let you play the content, the software may automatically request media usage rights from a rights server on the Internet and download and install available DRM updates.
8. Font ComponentsYou may use the fonts installed by the service to display and print content only to embed fonts in content as permitted by the embedding restrictions in the fonts and temporarily download them to a printer or other output device to print content.
9. How We May Change the ContractIf we change this contract, then we will notify you. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.
10. NO WARRANTYWe provide the service 'as-is,' 'with all faults' and 'as available.' We hereby notify you that we may rely on information provided by third parties to provide the service. We do not guarantee the accuracy or timeliness of information provided by such third parties, or the information provided to you while using the service. We and our affiliates, resellers, distributors and vendors (collectively, the 'DKLLC parties') give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
11. LIABILITY LIMITATIONYou can recover from the DKLLC parties only direct damages up to an amount equal to the lesser of amounts you have paid to us to use the service, or an amount equal to one year’s fees for the level of service to which you are subscribed. You cannot recover any other damages, including consequential, business interruption, lost profits, special, indirect, incidental or punitive damages. This limitation applies to anything related to: a) The service; b) Content (including code) on third-party Internet sites, third-party programs or third-party conduct; c) Viruses or other disabling features that affect your access to or use of the service; d) Incompatibility between the service and other services, software and hardware, delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner; and, e) Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort. It also applies even if this remedy does not fully compensate you for any losses, or fails of its essential purpose; or if DKLLC knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
12. Changes to the Service; If We Cancel the Service; Pre-ReleaseYou understand and agree that DKLLC may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. If the service is cancelled or suspended for any reason, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation. A particular service may be a pre-release version and may not work correctly, or in the way a final version might work. There may be interruptions or extended downtimes to the service. We may significantly change the final version or decide not to release a final version at all, or at any time change or alter the service provided, including add or remove features.
13. Interpreting the ContractAll parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
14. AssignmentWe may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
15. No Third Party BeneficiariesThis contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
16. Claim Must Be Filed Within One YearAny claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors and assigns. It also applies to us and our successors and assigns.
17. Your Notices to UsYou may notify us as stated in the customer support or ‘help’ area for the service. We are not required to accept e-mail notices.
18. Notices We Send You; Consent Regarding Electronic InformationThis contract is in electronic form. We may from time to time send you certain information in connection with the service. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you: a) By e-mail at the e-mail address you specified when you signed up for your service; b) By access to a DKLLC web site that will be designated in an e-mail notice sent to you at the time the information is available; or c) By access to a DKLLC web site that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.
19. Contracting Party, Choice of Law and Location for Resolving DisputesThis contract is between you and Dan Khasis, LLC. Regardless of where you reside, you agree that this agreement is and will be governed by California Law. If you choose to file any court action or suit regarding the service or this agreement, you agree that such action or suit will be filed in federal or state court in San Francisco, California, USA.
20. PaymentWhen you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign up or use while this contract is in force. Billing of service charges to your payment method may occur (a) in advance; (b) at the time for purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 10 days before we make the charge. Also, we may charge you up to the amount you have approved, and we will notify you in advance of the difference for recurring subscription services. We may bill you for more than one of your prior billing periods together. If we informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
21. Updates to Your Billing AccountYou must keep all information in your billing account current, including your billing address and the expiration date of your credit card. You can access your account using the Dan Khasis website at www.Dan Khasis.com, where you can make changes to your billing account. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
22. Trial Period OffersYou may receive a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service. We may cancel your access to the service at any time, and without prior notice, during the trial period, or may unilaterally end the trial period.
23. Prices and Price IncreasesThe price for the service excludes all taxes and phone charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (for example, phone charges). The price for the service will be quoted in US dollars. Any currency exchange settlements are based on your agreement with your payment method provider, and are for your account. We may change the price of the service from time to time. If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price. If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your then current service time length or, if we bill your account on a period basis, at the end of the period in which you cancelled.
24. Refund PoliciesUnless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable and the costs of any returns will be at your expense.
25. Online Statement; ErrorsWe will provide you with an online billing statement. This is the only billing statement that we provide. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 90 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 90 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 90 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error.
26. Canceling the ServiceYou may cancel the service at any time, with or without cause. Go to www.Dan Khasis.com to obtain information on cancelling your service. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.
27. Copyrights, Trademarks, etc.All contents of the service, including, but not limited to the name Dan Khasis, the Dan Khasis trademark, and all content are owned by Dan Khasis, LLC, PO Box 3014, Fort Lee, NJ 07024, all rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We own the title, copyright and other intellectual property rights associated with the service.
28. Private Information SecurityFor your safety and protection, your credit card information is not stored on our servers. Our payment gateway provider, Google Checkout, keeps this information encrypted and secure on your behalf.
29. Email UsageThe email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to periodic company news, updates, and/or related product or service information, etc.
30. 3rd Party DisclosureCustomer information, whether public or private, may be sold, exchanged, transferred, or given to any other company for any reason whatsoever.