Terms of Use
BY REGISTERING OR USING THIS
SERVICE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF USE AND
PRIVACY POLICY
MEMBER ACCOUNT, PASSWORD, AND
SECURITY
If a particular DANNIX LIMITED Web Site, or any product or
service offered on any DANNIX LIMITED Web Site requires you to
open an account, you must complete the registration process by
providing us with current, complete and accurate information as
prompted by the applicable registration form. You then will be
given, or be able to select a password and a user name. You are
entirely responsible for maintaining the confidentiality of your
password and account and for any and all activities that occur
under your account. You agree to notify DANNIX LIMITED
immediately of any unauthorized use of your account or any other
breach of security. DANNIX LIMITED will not be liable for any
loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by DANNIX
LIMITED or another party due to someone else using your account
or password. You may not use anyone else's account at any time,
without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
DANNIX LIMITED reserves the right to change the terms,
conditions, and notices under which the DANNIX LIMITED
Sites/Services are offered, including but not limited to the
charges associated with the use of the DANNIX LIMITED
Sites/Services. You are responsible for regularly reviewing
these terms and conditions and additional terms posted on
particular websites. Your continued use of the DANNIX LIMITED
Sites/Services constitutes your agreement with DANNIX LIMITED to
all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the DANNIX LIMITED Sites/Services
are for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained
from the DANNIX LIMITED Sites/Services. Without the advance
express written permission of DANNIX LIMITED, you may not use
the DANNIX LIMITED Sites/Services in any commercial manner.
LINKS TO THIRD PARTY SITES
The DANNIX LIMITED Sites/Services may contain links to third
party Web sites ("Linked Sites"). The Linked Sites are not under
the control of DANNIX LIMITED and DANNIX LIMITED is not
responsible for the contents of any Linked Sites. The inclusion
of any link does not imply endorsement by DANNIX LIMITED of the
site or any association with its operators.
Any dealings with third parties, including the delivery of and
the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such
dealings or promotions, are solely between you and the third
party. DANNIX LIMITED shall not be responsible or liable for any
part of any such dealings.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the DANNIX LIMITED Sites/Services,
you will not use the DANNIX LIMITED Sites/Services for any
purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the DANNIX LIMITED
Sites/Services in any manner that could damage, disable,
overburden, or impair any DANNIX LIMITED Site/Service(s) (or the
network(s) connected to any DANNIX LIMITED Site/Service(s)) or
interfere with any other party's use and enjoyment of any DANNIX
LIMITED Site/Service(s). You may not attempt to gain
unauthorized access to any DANNIX LIMITED Site/Service, other
accounts, computer systems or networks connected to any DANNIX
LIMITED Site/Service. You may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available through the DANNIX LIMITED Sites/Services.
USE OF SERVICES
The DANNIX LIMITED Sites/Services contain messaging services
designed to enable you to communicate with others (collectively,
"Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material
that are proper. By way of example, and not as a limitation, you
agree that when using a Communication Service, you will not:
• Use the Communication Service in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or
otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others.
• Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic,
name, material or information that incites discrimination, hate
or violence towards one person or a group because of their
belonging to a race, a religion or a nation, or that insults the
victims of crimes against humanity by contesting the existence
of those crimes
• Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by (i)
intellectual property laws, including, by way of example, and
not as a limitation, copyright or trademark laws or (ii) by
rights of privacy or publicity, if any unless you own or control
the rights thereto or have received all necessary consents to do
the same.
• Use any material or information, including images or
photographs, which is made available through the DANNIX LIMITED
Sites/Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of
any party.
• Upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
• Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service
specifically allows such messages.
• Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
• Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a
file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the
Communication Services.
• Violate any applicable laws or regulations.
• Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of an
DANNIX LIMITED Site/Service(s) or other user or usage
information or any portion thereof.
DANNIX LIMITED has no obligation to monitor the Communication
Services. However, DANNIX LIMITED reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion. DANNIX LIMITED reserves the
right to terminate your access to any or all of the
Communication Services at any time, without notice, for any
reason whatsoever.
DANNIX LIMITED reserves the right at all times to disclose any
information as DANNIX LIMITED deems necessary to satisfy any
applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in DANNIX LIMITED's sole
discretion.
DANNIX LIMITED does not control or endorse the content, messages
or information found in any Communication Service and,
therefore, DANNIX LIMITED specifically disclaims any liability
with regard to the Communication Services and any actions
resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination,
you are responsible for adhering to such limitations if you
download the materials.
You agree that DANNIX LIMITED may establish limits concerning
use of any DANNIX LIMITED Service offered on an DANNIX LIMITED
Web Site, including without limitation the maximum number of
days that messages will be retained by any DANNIX LIMITED
Service, the maximum number of messages that may be sent from or
received by an account on any DANNIX LIMITED Service, the
maximum size of a message that may be sent from or
received by an account on any DANNIX LIMITED Service, the
maximum disk space that will be allotted on DANNIX LIMITED's
servers on your behalf, and the maximum number of times and
duration you may access any DANNIX LIMITED Service in a given
period of time.
You agree that DANNIX LIMITED has no responsibility or liability
for the deletion, corruption or failure to store any messages or
other content maintained or transmitted by any DANNIX LIMITED
Service. You acknowledge that DANNIX LIMITED reserves the right
to log off accounts that are inactive for an extended period of
time without notice.
MATERIALS PROVIDED TO DANNIX LIMITED OR
POSTED AT ANY DANNIX LIMITED WEB SITE
DANNIX LIMITED does not claim ownership of the materials you
provide to DANNIX LIMITED (including feedback and suggestions)
or post, upload, input or submit to any DANNIX LIMITED
Site/Service or its associated services for review by the
general public, or by the members of any public or private
community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are granting DANNIX
LIMITED (i) permission to use your Submission in connection with
the operation of Internet businesses (including, without
limitation, all DANNIX LIMITED Site/Services) (ii) the license
rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your
Submission; to publish your name in connection with your
Submission; (iii) and the right to sublicense such rights to any
supplier of a DANNIX LIMITED Site/Service.
No compensation will be paid with respect to the use of your
Submission, as provided herein. DANNIX LIMITED is under no
obligation to post or use any Submission you may provide and
DANNIX LIMITED may remove any Submission at any time in its sole
discretion.
By Posting a Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as
described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
This section is inapplicable to any personally identifiable
information that you provide in connection with your use of the
DANNIX LIMITED Sites/Services. For terms and conditions
governing the use of such information please refer to the
Privacy Policy.
CONTENT AVAILABLE THROUGH THE DANNIX
LIMITED SITES/SERVICES
All content (if any) that is made available to view and/or
download in connection with the DANNIX LIMITED Sites/Services,
excluding content and/or software that may be made available by
end-users through a Communication Service, is owned by and is
the copyrighted work of DANNIX LIMITED and/or its suppliers and
is protected by copyright laws and international treaty
provisions.
Any reproduction or redistribution of the content is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE CONTENT AND/OR SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED.
REFUNDS
By Law you are entitled to a full refund for any service/product
paid for on the DANNIX LIMITED Sites/Services during a maximum 7
(seven) day cooling off period. The cooling off period begins
when the payment was made and remains valid for seven days or
until the service is used, whichever comes first. The service
provided is deemed used when the first message is sent after the
payment was made. Recurring (subscription) payments are a
continuation of service and not eligible for another cooling off
period.
14 DAY MONEY BACK GUARANTEE
We offer a Money Back Guarantee for any reason for upto 14 days after the transaction was made. Recurring (subscription) payments are a
continuation of service and not eligible for another Money Back Guarantee. You are eligible to one refund under the Money Back Guarantee for each product we sell. eg. You may not request a refund on an Email upgrade then later upgrade again and request a refund for the same product under the Money Back Guarantee.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE DANNIX LIMITED SITES/SERVICES MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
MADE TO THE DANNIX LIMITED SITES/SERVICES AND TO THE INFORMATION
THEREIN. DANNIX LIMITED AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE DANNIX LIMITED SITES/SERVICES
AT ANY TIME. ADVICE RECEIVED VIA THE DANNIX LIMITED
SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
DANNIX LIMITED AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE DANNIX
LIMITED SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMITTED BY LAW. DANNIX LIMITED AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS
AND OTHER TERMS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT DANNIX LIMITED SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR
NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A
DANNIX LIMITED SITE/SERVICE. YOU SPECIFICALLY AGREE THAT DANNIX
LIMITED IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF
ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE
THAT DANNIX LIMITED IS NOT RESPONSIBLE FOR ANY CONTENT SENT
USING AND/OR INCLUDED IN A DANNIX LIMITED SITE/SERVICE BY ANY
THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL DANNIX
LIMITED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA REVENUES OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DANNIX LIMITED
SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE DANNIX
LIMITED SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
DANNIX LIMITED SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE
USE OF THE DANNIX LIMITED SITES/SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF DANNIX LIMITED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE DANNIX LIMITED SITES/SERVICES, OR WITH ANY OF THESE TERMS OF
USE, TO THE FULLEST EXTENT PERMISSIBLE BY ENGLISH LAW, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DANNIX LIMITED
SITES/SERVICES. THE LIMITATIONS ON AND EXCLUSIONS OF LIABILITY
FOR DAMAGES IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER THE
LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY
OTHER LEGAL THEORY.
STORAGE SPACE AND OTHER LIMITATIONS
DANNIX LIMITED MAKES NO WARRANTY THAT ANY DANNIX LIMITED SERVICE
WILL BE UNINTERRUPTED, TIMELY SECURE OR ERROR-FREE.
SERVICE CONTACT:
SUPPORT
TERMINATION/ACCESS RESTRICTION
DANNIX LIMITED reserves the right, in its sole discretion, to
terminate your access to any or all DANNIX LIMITED
Sites/Services and the related services or any portion thereof
at any time, without notice.
DANNIX LIMITED shall have no obligation to maintain any content
or to forward any unread or unsent messages to you or any third
party.
GENERAL
This agreement is governed by the laws of England and Wales. You
hereby irrevocably consent to the exclusive jurisdiction and
venue of the English courts. in all disputes arising out of or
relating to the use of the DANNIX LIMITED Sites/Services. You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and DANNIX LIMITED as a result
of this agreement or use of the DANNIX LIMITED Sites/Services.
You agree to indemnify and hold DANNIX LIMITED, its parents,
subsidiaries, affiliates, officers and employees, harmless from
any claim, demand, or damage, including reasonable legal fees on
a solicitor-client basis, asserted by any third party due to or
arising out of your use of or conduct on the DANNIX LIMITED
Sites/Services. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of
the original provision and the remainder of the agreement shall
continue in effect. DANNIX LIMITED will not be liable to you for
any breach of these Terms of Use, which arise because of any
circumstances that DANNIX LIMITED cannot reasonably be expected
to control. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and DANNIX
LIMITED with respect to the DANNIX LIMITED Sites/Services.