1 Your relationship with DataDyne
1.1 Your use of DataDyne's products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by DataDyne under a separate written agreement) is subject to the terms of a legal agreement between you and DataDyne. "DataDyne" means DataDyne Group LLC, whose principal place of business is at 1804 Vernon St NW, 2nd floor, Washington, DC, United States.
1.2 Unless otherwise agreed in writing with DataDyne, your agreement with DataDyne will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 Your agreement with DataDyne will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and DataDyne in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
1.6 Where DataDyne has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with DataDyne. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
2 Accepting the Terms
2.1 By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browsing the Services) or you are a "Member" (which means that you have registered an account with the Services). The term "you" or "User" refers to a Visitor or a Member.
2.2 You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with DataDyne.
2.3 If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
3 4. Provision of the Services by DataDyne
3.1 DataDyne has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of DataDyne itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
3.2 DataDyne is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which DataDyne provides may change from time to time without prior notice to you.
3.3 You acknowledge and agree that if DataDyne disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
3.4 You acknowledge and agree that while DataDyne may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by DataDyne at any time, at DataDyne's discretion.
4 Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to DataDyne will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by DataDyne, unless otherwise specified by DataDyne.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with DataDyne, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that DataDyne has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which DataDyne may suffer) of any such breach.
5 Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to DataDyne for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify DataDyne immediately at support@datadyne.org
6 Privacy and your personal information
6.1 For information about DataDyne's data protection practices, please read DataDyne's Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Mint treats your personal information when you access DataDyne Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
7 Content in the Services
7.1 You understand that all information (such as data files, written text, hardware, software, video, audio or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content."
7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to DataDyne (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this DataDyne (either in whole or in part) unless you have been specifically told that you may do so by DataDyne, in a separate agreement.
7.3 DataDyne reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, DataDyne may provide tools to filter out explicit sexual content.
7.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.5 You agree that you are solely responsible for (and that DataDyne has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which DataDyne may suffer) by doing so.
8 Proprietary rights
8.1 You acknowledge and agree that DataDyne (or DataDyne's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by DataDyne and that you shall not disclose such information without DataDyne's prior written consent.
8.2 Unless you have agreed otherwise in writing with DataDyne, nothing in the Terms gives you a right to use any of DataDyne's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.4 Unless you have been expressly authorized to do so in writing by DataDyne, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9 License from DataDyne
9.1 DataDyne gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by DataDyne as part of the Services as provided to you by DataDyne (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by DataDyne, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by DataDyne, in writing.
9.3 Unless DataDyne has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10 Content license from you
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. By submitting, posting or displaying the Content you give DataDyne a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the Service for the sole purpose of enabling DataDyne to provide you with the Service in accordance with its Privacy Policy.
10.2 You agree that this license includes a right for DataDyne to make such Content available to other companies, organizations or individuals with whom DataDyne has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
10.3 You understand that DataDyne, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit DataDyne to take these actions.
10.4 You confirm and warrant to DataDyne that you have all the rights, power and authority necessary to grant the above license.
11 Ending your relationship with DataDyne
11.1 The Terms will continue to apply until terminated by either you or DataDyne as set out below.
11.2 If you want to terminate your legal agreement with DataDyne, you may do so by (a) notifying DataDyne at any time and (b) closing your accounts for all of the Services which you use, where DataDyne has made this option available to you. Your notice should be sent, in writing, to DataDyne's address which is set out at the beginning of these Terms.
11.3 DataDyne may at any time, terminate its legal agreement with you if:
A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. DataDyne is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
C. the partner or sponsor with whom DataDyne offered the Services to you has terminated its relationship with DataDyne or ceased to offer the Services to you; or
D. DataDyne is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service.
11.4 Nothing in this Section shall affect DataDyne's rights regarding provision of Services under Section 4 of the Terms.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and DataDyne have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
12 EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT DATADYNE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
12.3 IN PARTICULAR, DATADYNE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATADYNE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 DATADYNE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DATADYNE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
A. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
B. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
a. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
b. ANY CHANGES WHICH DATADYNE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
c. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
d. YOUR FAILURE TO PROVIDE DATADYNE WITH ACCURATE ACCOUNT INFORMATION;
e. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
12.4 THE LIMITATIONS ON DATADYNE'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT DATADYNE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.