These Terms include a release by you of all claims for damage against us that may arise out of your use of the Services, the Site or the App. By using the Services, you agree to this release.
THIRD PARTY SERVICES
DiNSO is not responsible for the accuracy, availability or reliability of any information, content, data or statements made available in connection with Third Party Services. As such, DiNSO is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Services. DiNSO enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
WHO CAN USE DiNSO
You may use the Services only if you are of sufficient legal age to form a binding contract with DiNSO and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the App, the Site or the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may access and use the App, the Site and the Services only in compliance with these Terms and all applicable local, provincial/state, national, and international laws, rules and regulations.
You agree to notify us immediately of any unauthorized use of your password and/or account. DiNSO will not be responsible for any liabilities, losses or damages arising out of the unauthorized use of your member name, password and/or account. You also agree to notify us if any of your contact information changes.
RULES FOR USER CONDUCT AND USE OF THE SERVICE
When you create your own personalized user account, the Services allow you to post comments and feedback (collectively “User Content”). You are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
Your permission to use DiNSO is conditioned upon the Use Restrictions and the Posting and Conduct Restrictions set forth below.
You agree that you will not under any circumstances:
§ post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
§ use the service for any unlawful purpose or for the promotion of illegal activities;
§ attempt to, or harass, abuse or harm another person or group;
§ use another user’s DiNSO account without permission;
§ provide false or inaccurate information when registering an account on DiNSO;
§ interfere or attempt to interfere with the proper functioning of the Services;
§ make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
§ bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
§ use the communication systems provided by or contacts made on DiNSO for any commercial solicitation purposes;
§ publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
POSTING AND CONDUCT RESTRICTIONS.
The following rules pertain to User Content, defined as any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Services, or that other users upload or transmit, including without limitation any comments. By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:
§ You are solely responsible for your account and the activity that occurs while signed in to or while using your DiNSO account;
§ You will not post information that is false or inaccurate;
§ You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to DiNSO; and
§ You hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.
DiNSO takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services is solely your responsibility. DiNSO is not responsible for any public display or misuse of your User Content. DiNSO does not, and cannot, pre-screen or monitor all User Content or all Merchant Content. For purposes of these Terms, Merchant Content may include, without limitation, the following merchant information displayed on the Site or the App: address, telephone and fax number, website URL, hours of operation, parking availability, credit cards accepted, company overview, company description, company mission statement, products and services offered, Facebook URL, twitter handle, pictures and videos of the business. However, at our discretion, we may monitor and/or record your interactions with the service, and we may employ certain technologies to do so.
Though we strive to enforce our conditions, you may be exposed to User Content that is inaccurate or objectionable. We reserve the right, but are not obligated, to limit or deny a user’s access to or use of the Services, the Site or the App or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at email@example.com.
HOW YOU MAY USE OUR MATERIAL.
You may use the Services, including through the Site or the App, and any information, data, images, tools, results, content, applications and other material made available via the Services, including any such material that is owned by third parties SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE and otherwise in accordance with these Terms. You may not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material (except for your own personal, non-commercial use)..
By posting any User Content on DiNSO, you expressly grant, and you represent and warrant that you have a right to grant, to DiNSO a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, 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 Services.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, the Site or the App, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site or the App may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in these Terms.
Subject to these Terms, DiNSO grants you a non-transferable, non-exclusive license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.
You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof.
DiNSO and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications or corrections thereto.
The following terms and conditions apply to you only if you are using App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and DiNSO, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and DiNSO acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and DiNSO acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, DiNSO, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and DiNSO acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Termination of Repeat Infringers: DiNSO respects the intellectual property rights of others and expects users of the Services, the Site and the App to do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, DiNSO has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Services, the Site and the App who are repeat infringers. We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, DiNSO will also terminate a user’s account if the user is determined to be a repeat infringer.
DMCA Take-Down Notices: We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you are a copyright owner or an agent thereof and believe, in good faith, that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information in writing to DiNSO’s designated copyright agent at The Law Offices of Mitchell J. Devack, 90 Merrick Ave., Suite 500, East Meadow, NY 11554: (i) the date of your notification; (ii) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (iii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iv) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (v) your contact information, including your address, telephone number, and an email address; (vi) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vii) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Counter-Notices: If you believe that your content that has been removed the Services, the Site and/or the App is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above: (i) your physical or electronic signature; (ii) a description of the content that has been removed and the location at which the content appeared before it was removed; (iii) a statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court of the State of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the DiNSO’s copyright agent, DiNSO may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or member, the removed content may (in DiNSO’s discretion) be reinstated in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Services, we provide you with convenient links to third party website(s), such as merchants whose business locations are featured on the Site or the App. These links are provided as a courtesy to our users. DiNSO has no control over linked websites or the promotions, materials, information, goods or services available on these third party websites. DiNSO is not responsible for and does not endorse or warrant any materials, information, goods or services available through any linked websites or any privacy or other practices of such websites. DiNSO may terminate any link at any time.
ACCURACY OF INFORMATION
DiNSO strives to accurately describe the merchants, as well as link to and provide updated information on the Site and through the App. However, DiNSO does not warrant that descriptions of merchants’ products and services and information on the Site and the App are current, complete or free from error. Instead, the merchants who have claimed a location are solely responsible for keeping their information about their business and location up to date and accurate. Moreover, to the extent that DiNSO displays content licensed from third party sites, only those third party content suppliers are responsible for the accuracy or completeness of the content they make available to DiNSO.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE TO DiNSO
Communications made through DiNSO’s e-mail and messaging system will not constitute legal notice to DiNSO or any of its officers, employees, agents or representatives in any situation where notice to DiNSO is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from DiNSO in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DiNSO provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
ENDING THESE TERMS
These Terms will continue to apply until terminated by either you or DiNSO as follows:
You may end your legal agreement with DiNSO at any time for any reason by deactivating your account(s) and discontinuing your use of the Services. You do not need to specifically inform DiNSO when you stop using the Services.
We may suspend or terminate your account(s) or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account(s) or the next time you attempt to access your account(s).
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply to the sections entitled Rules for User Conduct and User of the Services; Use Restrictions; Posting and Conduct Restrictions; License Grant; Intellectual Property; App License; Copyright Policy; Ending These Terms; Disclaimer; Limitation of Liability; Use of the App is at User’s Risk; Indemnity; and Applicable Laws; Venue.
Nothing in this section shall affect DiNSO’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
DISCLAIMER; LIMITATION OF DAMAGES; RELEASE
THE SERVICES, THE SITE AND THE APP ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DINSO MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES, THE SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES, THE SITE OR THE APP. DINSO MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF MAP DATA IN THE APP OR ON THE SITE.
USE OF THE APP IS AT USER’S RISK
You have the complete and exclusive obligation to navigate, walk and/or drive carefully and securely. The App must not be used at such time and/or in a manner that may adversely affect your safety, especially during driving or stopping at the side of the road at an unsuitable location and/or in an insecure manner.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DINSO, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR INFORMATION OR CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES, THE SITE OR THE APP; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE DINSO SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH DINSO OR ANY OTHER USER OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DINSO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DINSO EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID DINSO, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
If you have a dispute with one or more users or a merchant featured on the Services, the Site or the App, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify and hold harmless DiNSO, its parent company, officers, directors, employees and agents, 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) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
MODIFICATION OF THESE TERMS
We can amend these Terms at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check the Site and the App from time to time to view any such changes in these Terms. If you continue to use the Services, you signify your agreement to our revisions to these Terms. However, we will notify you of material changes to the terms by posting a notice on the Site or the App and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.
APPLICABLE LAWS; VENUE
These Terms and your use of the Services are governed by the federal laws of the United States of America and the laws of the State of New York. Any action related to the Services will be filed only in the appropriate state or federal court located within the State of New York. By using the Services, you signify your consent to the jurisdiction of the state and/or federal courts of the State of New York.