Welcome to datAvenger! By using datAvenger’s services ("datAvenger services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). We may update the Terms of Service in the future, and you will be able to find the most current version of this agreement on our website (http://www.datavenger.com/terms).
1. USE OF SERVICES
Sephone, LLC, its subsidiaries and affiliated companies ("Sephone") offer the datAvenger service to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or during the continued use of datAvenger services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Sephone of any unauthorized use of your password or account or any other breach of security. Sephone cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Sephone reserves the right, but shall have no obligation, to pre-screen, refuse, move, or remove any Content available via datAvenger services. You agree not to use datAvenger services to provide or distribute content to which you do not own the proper copyright or trademark rights. You agree that you will not use datAvenger services for Content that is illegal or may be deemed offensive, indecent, or objectionable, including, but not limited to, pornography, adult content, libelous content, hate speech, or material that promotes or encourages violence. You understand that by using datAvenger services you may be exposed to Content that is offensive, indecent or objectionable, and that you use datAvenger services at your own risk. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using datAvenger services and for any consequences thereof. You agree to use datAvenger services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts datAvenger services or servers or networks connected to datAvenger services including, but not limited to, the spoofing or masking of another web site (phishing), the distribution of unsolicited or unauthorized email (spam), the excessive placement of links and references to external sites for the sole objective of modifying search engine listing placement, or the excessive use of hidden content or keywords. To report any activity or Content that may violate the Terms of Service, please use the contact form available via the link at the bottom of the datAvenger administrative area.
In addition to this agreement, your use of some specific datAvenger services is governed by the policies or guidelines that are presented to you when you sign up for or access those services and which are specifically incorporated into this Terms of Service.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
You understand that the technical processing and transmission of datAvenger services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. PROPRIETARY RIGHTS
You acknowledge and agree that datAvenger services and any necessary software used in connection with datAvenger services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through datAvenger services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by datAvenger or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on datAvenger services, Content or Software, in whole or in part.
Subject to the Terms of Service, datAvenger grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to datAvenger services. You agree not to access datAvenger services by any means other than through the interface that is provided by datAvenger for use in accessing datAvenger services.
datAvenger claims no ownership or control over any Content submitted, posted or displayed by you on or through datAvenger services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through datAvenger services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through datAvenger services which are intended to be available to the general public, you grant Sephone a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on datAvenger services solely for the purpose of displaying, distributing and promoting datAvenger services. datAvenger reserves the right to syndicate Content submitted, posted or displayed by you on or through datAvenger services and use that Content in connection with any of the services offered by datAvenger. Sephone furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
5. SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by datAvenger will be governed by this Terms of Service and any additional terms and conditions of the end user license agreement accompanying such Software. datAvenger may automatically check your version of the Software and may automatically download upgrades to the Software to update, enhance and further develop datAvenger services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
6. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law. For more information, please go to http://www.datavengerlite,com/copyright. For information regarding our trademark complaint procedure, please go to http://www.datavenger.com/copyright. Any use of datAvenger's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the current Terms of Service.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Sephone has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by datAvenger services. You agree to abide by the applicable transmission, storage, and traffic limits, if any, applicable to your current datAvenger plan which may be found at http://www.datavenger.com/plans. Sephone retains the right to modify, adapt, or extend these limits at any time.
Upon the termination of your use of datAvenger services, including upon receipt of a certificate or other legal document confirming your death, Sephone will close your account and you will no longer be able to retrieve content contained in that account.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of datAvenger services, use of datAvenger services, or access to datAvenger services, unless expressly permitted by Sephone.
9. MODIFICATIONS TO SERVICE
datAvenger reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, datAvenger services (or any part thereof) with or without notice. You agree that datAvenger shall not be liable to you or to any third party for any modification, suspension or discontinuance of datAvenger services. Sephone will make reasonable attempts to detail additions and/or changes to datAvenger services at the datAvenger blog, found at http://blog.datavenger.com.
You may discontinue your use of datAvenger services at any time. You agree that datAvenger may at any time and for any reason, including a period of account inactivity, terminate your access to datAvenger services, terminate the Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to datAvenger services, your account or any files or other content contained in your account. Sections 10 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) and 19 (including choice of law, severability and statute of limitations), of the Terms of Service, shall survive expiration or termination.
Some datAvenger services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by datAvenger on its services are subject to change. You agree that datAvenger shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on datAvenger services.
datAvenger services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because datAvenger has no control over such sites and resources, you acknowledge and agree that datAvenger is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that datAvenger 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 site or resource.
You agree to hold harmless and indemnify Sephone, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of datAvenger services, violation of this Terms of Service or any other actions connected with use of datAvenger services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Sephone will provide you with written notice of such claim, suit or action.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF DATAVENGER SERVICES IS AT YOUR SOLE RISK. DATAVENGER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEPHONE 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.
2. SEPHONE DOES NOT WARRANT THAT (i) DATAVENGER SERVICES WILL MEET YOUR REQUIREMENTS, (ii) DATAVENGER SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DATAVENGER SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DATAVENGER SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DATAVENGER 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATAVENGER OR THROUGH OR FROM DATAVENGER SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEPHONE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SEPHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE DATAVENGER SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM DATAVENGER SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DATAVENGER SERVICES; OR (v) ANY OTHER MATTER RELATING TO DATAVENGER SERVICES.
16. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. 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 ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree that Sephone may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on datAvenger services.
19. GENERAL INFORMATION
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Sephone and govern your use of datAvenger services, superseding any prior agreements between you and Sephone for the use of datAvenger services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other datAvenger services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and Sephone shall be governed by the laws of the State of Maine without regard to its conflict of law provisions. You and Sephone agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Penobscot, Maine.
Waiver and Severability of Terms. The failure of Sephone to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of datAvenger services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.