Terms

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Thanks for checking out DashBurst! The following Terms of Service (“Terms”) govern your access and use of DashBurst, including our website (dashburst.com), mobile applications and any of our services directing you to these Terms (e.g. www.dashburst.com, blog.dashburst.com, magazine.dashburst.com, developers.dashburst.com, collectively referred to as the “Site”, “Products” or “Service”) which are controlled by DashBurst LLC (collectively “DashBurst,” "we," or "us"). These terms also govern any content, including text, photos, videos, audio files, documents or other materials uploaded, downloaded or appearing on the Services (referred to as “Content”). Please read these terms carefully as by registering or using the DashBurst service in any way, you accept these Terms of Service and agree to be bound by these Terms (or ”Agreement”) and our Privacy Policy.

 

Who Can Use DashBurst

 

You may use our Services only if you agree to be bound by this DashBurst Agreement and are in compliance with all of our Terms and all applicable laws. You are fully responsible for how you use our Services and for any Content your post to the site and any consequences of doing so thereafter. When you create an account on DashBurst, you must provide accurate and complete information. You must be at least 13 years old to use or access the site, where anyone under the age of 13 is prohibited. Also anyone barred from receiving services under the laws of the United States or applicable jurisdiction (local, state, national, international or other rules and regulations) is also prohibited. If you are accepting these Terms of use on behalf of a company, organization, government, or other legal entity, then you represent and warrant that you have full authorization to do so and bind the entity to these Terms. You also agree that we may change these terms as needed without prior notice to you. In addition, DashBurst may permanently or temporarily disable our services to you without any notice, and we have the right to limit your service use and storage at our discretion. You also agree that we may automatically upgrade our services and products which include the site and software already downloaded to your computer, phone, tablet, or any other device, wherein these Terms will automatically apply to those upgrades as well. Our services may also include advertisements which may be targeted to content, users, information of services, queries made through our services, or other information. You agree that DashBurst and our third-party providers may place advertisements within our Services, displayed with content, or displayed with any information submitted by you and others.

 

You agree not to use the Service for commercial purposes including the sale of access to the Service, the sale of advertising, sponsorships or promotions placed with the Service or Content (unless you receive DashBurst’s written prior approval beforehand). The following uses are not prohibited under this commercial rule and are acceptable under our Terms including uploading an original work to DashBurst, promoting your business or enterprise via DashBurst and showing user Content through the Embeddable Player on an ad-enabled blog or website.

 

Third Parties

 

Our Services may contain links to third-party websites, advertisements, services, offers and other communications or activities that are not owned and operated by DashBurst; we do not endorse or assume any responsibility for these links. By using DashBurst and accessing any third-party content, you do so at your own risk and agree that DashBurst will assume no liability arising from your use of these third-party websites, advertisements, services, offers and other communications or activities. You also agree that links in your Content or other areas within the services may be converted to affiliate links for third party sites using services like Skimlinks.

 

Security

 

We would like to provide our users a secure experience on DashBurst. While we take measures to protect the security of your content and account, we cannot guarantee that unauthorized parties will not be able to breach our security measures. You are solely responsible for safeguarding your password and login credentials that you use to access our Services and we strongly encourage you to use strong passwords to protect the integrity of your account. In the event of a suspected breach, please notify us immediately.

 

Content

 

DashBurst allows you to post various types of content including text, comments, photos, videos, audio, documents, infographics and other types of media. You affirm, represent, and warrant that you own or have the required licenses, rights, consents, copyrights and permissions to publish content you submit; furthermore you license to DashBurst all patent, trademark, trade secret, copyrights or other proprietary rights in and to such Content for publication on our Service in accordance to these Terms. Anything you post or add to our Services is considered “Content.” You retain all right to and are solely responsible for your Content shared on DashBurst. Furthermore we do not endorse, support, or guarantee the accuracy, truthfulness or reliability of any content, opinion or communication on our Services. You agree that by using our Services you could be exposed to Content you may consider to be offensive, harmful, deceptive, untrue or otherwise inappropriate, however, under no circumstances will DashBurst be liable for any Content posted, emailed, transmitted or made available within our Services or broadcast elsewhere.

 

By using our site, you grant DashBurst and its users and third-party partners a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, access, store, display, reproduce, syndicate, Reburst, modify, create derivative works from, perform, and otherwise distribute your Content on DashBurst and through our Services in the United States and abroad. DashBurst also reserves the right to remove or modify user Content for any reason, including content we believe to violate these Terms.

 

We reserve the right to retain your content following a termination or deactivation of your account for a reasonable period of time for backup, archival and audit purposes. Also DashBurst and its users may retain and continue to use, store, display, reproduce, Reburst, modify, create derivative works from, perform, and otherwise distribute any of your content that other users have stored and shared on DashBurst.

 

If you use our Embeddable player on your own website, you agree not to modify it, build upon, or block any part of the Embeddable player, including but not limited to links back to the DashBurst site.

 

To comply with legal requirements and maintain positive community and experience at DashBurst, there are several limitations on the type of content or any other upload or link shared that may be published on DashBurst, including the following prohibited content:

 

Trademark violations

Impersonations

Other People’s Private Information

Sensitive Media

Explicit Graphic Content and Violence

Pornography and Sexually Explicit Content

Threats to Others or Yourself

Copyright Violations

Unlawful Use or Any Illegal Activity

Misuse of DashBurst Services

 

Spam and Abuse Policy

 

DashBurst looks to protect our users from spam and other types of abuses including the following prohibited activities:

 

Creating Serial Accounts

Profile URL Squatting

Invitation Spam

Automated System Access

Selling Accounts

Malware/Phishing

Spam

 

Any technical abuse of the Site or abuse of other users will not be tolerated and may result in a warning, removal of affiliated Content, and/or temporary or permanent suspension of your account.

 

Copyright Policy

 

DashBurst respects the intellectual property rights of others and expects our users to do the same. It is DashBurst policy to disable and/or terminate the accounts of users who repeatedly violate or are charged with infringing on the copyrights or others’ intellectual property rights at our sole discretion. In accordance with the Digital Millenium Copyright Act of 1998, http://www.copyright.gov/legislation/dmca.pdf, DashBurst will respond as soon as possible to claims of copyright infringement commited using the DashBurst Service that are reported to DashBurst’s designted Copyright Agent, identified here below.

 

DashBurst Copyright Agent

410 South Rampart Blvd.

Suite 390

Las Vegas, NV 89145

Email: copyright@dashburst.com

 

If you believe that your content has been copied in any way that constitutes a copyright infringement, please provide our Copyright Agent with the following information:

 

  1. A physical or electronic signature of authorized person to act on behalf of the copyright owner of the allegedly infringed work.

  2. Identify the copyrighted work that you claim has been infringed, or a representative list if multiple copyrighted works are covered by this Notice.

  3. Identify the material that you claim is 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.

  4. Provide sufficient contact information such as a mailing address, telephone number and, if available, an email address.

  5. Include a statement in the notice that you have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).

  6. Include a statement in the notice that you hereby state that the information given is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

You acknowledge that failing to comply with all of the requirements in this section for notifying us of a copyright infringement may result in an invalid DMCA notice.

 

Account Termination

 

DashBurst may terminate or suspend your license to use DashBurst at any time at our discretion without any notice to you. Upon termination you are still bound by the Terms of this Agreement.

 

Disclaimers

 

The DashBurst Service and all Content are provided on an “as is” basis without any kind of warranty whether expressed or implied. This agreement also limits the liability accordingly of DashBurst and any of its partners, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives and licensors (collectively known as the “DashBurst Entities”). DashBurst takes no responsibility and assumes no liability for any user Content that you or any third-party posts or transmits using our Services. You also agree that you may be exposed to Content that may be inaccurate, objectionable, inappropriate for children or otherwise unsuitable for your purposes.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DASHBURST NOR DASHBURST ENTITIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL DASHBURST'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

 

Governing Law and Jurisdiction

 

In the event of any dispute you may have with DashBurst, you agree to first contact us and attempt to resolve the dispute with us informally. These Terms and Policies shall be governed by the laws of the State of Pennsylvania, without respect to its conflict of laws. We each agree to submit to the personal jurisdiction of the court system located in Allegheny County, Pennsylvania, for any further disputes. DashBurst Services and products are controlled and operated in the United States, and we make no representations that they are always appropriate for use in other locations.

 

General Terms

 

The Terms and Privacy Policy outlined in this entire and exclusive agreement between DashBurst and you regarding our Services constitute the entire agreement and are binding and supercede and replace any prior agreements between DashBurst and you regarding our Services.

 

DashBurst reserves the right to make changes to these Terms, from time to time, and the most current version will always be available at https://dashburst.com/terms. In the event of any revision, it is our sole discretion to email you or make an announcement through our Services if we consider the revision to be material. If you continue to use our Services after such a revision, you are bound to the new Terms of our Service agreement. If you do not agree to these Terms, please stop using our Services.

 

These Terms and any rights and licenses granted hereafter may not be transferred or assigned by you, but may be assigned by DashBurst without any restrictions, Any attempt to transfer or assign otherwise in violation hereof shall be null and void. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated accordingly to the minimum extent necessary and the remaining provisions of these Terms and policies will remain in full force and effect. Also no waiver of these Terms shall be deemed a further or continuing waiver of such term or any other term, whereas DashBurst’s failure to assert any right or provision under these Terms shall not constitute any waiver of such right or provision.

 

Effective: July 2, 2015