Terms of Service
Welcome to the DASH App (the "App", "Service"). These Terms of Service together with The DASH, Inc.'s Privacy Statement (collectively the "Terms") govern your use of this App. DASH may change the Terms of Service from time to time. Your access to the app in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, you may not use the App. DASH reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the App. Please review the Terms periodically. Your continued use of the App or any materials or services accessible through it, after such posting or notification means you accept the modifications. The use by you of any content or services accessible through the App may be subject to your acceptance of separate agreements with DASH or third parties.
License and App Access.
DASH grants you a public license to access and make personal use of the App. You may download (other than page caching) without the express written or e-mailed consent of DASH. However, the license to use the App does not include any resale or commercial use of the App or its contents; or any derivative use of this App or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this app for any commercial purpose. By using the App, you warrant to The DASH, Inc. that you will not use the App, or any of the content obtained from the App, for any purpose that is unlawful or prohibited by these Terms. DASH does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this App. If you violate any of these Terms, your permission to use the App automatically terminates.
In consideration of your use of the App, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, DASH has the right to terminate your account and refuse any and all current or future use of the App. You agree not to resell or transfer the App or use of or access to the App.
When you visit the App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this app. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.You are responsible for providing, at your expense, any access to the Internet and any required equipment.
By using the App you agree that you will not do any of the following:
Restrict or inhibit any other user from using and enjoying the App; or
Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state/provincial, national or foreign law, including without limitation the U.S. export control laws and regulations, and Canadian equivalents; or
Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by DASH) or engage in spamming or flooding; or
Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the App for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the App which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder. DASH has no obligation to monitor the App. However, you acknowledge and agree that DASH has the right to monitor the App electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. DASH will not intentionally monitor or disclose any private electronic-mail message unless required by law. DASH reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
DASH may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services ("Feedback"). You agree that DASH may, in its sole discretion, use the Feedback you provide to DASH in any way, including in future modifications of the App, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant DASH a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
Third Party Services.
In connection with your use of the App, you may be made aware of services, products, offers and promotions provided by third parties, and not by DASH. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not DASH, is responsible for the performance of the Third Party Services.
Third Party Websites & Apps.
The App may contain or reference links to Websites operated by third party ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under the control of DASH. DASH is not responsible for the content of any Third Party Websites or any link contained in a Third Party Website. DASH does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by DASH of any information contained in any Third Party Website. In no event will DASH be responsible for the information contained in such Third Party Website or for your use of or inability to use such Website. Access to any Third Party Website is at Licensee's own risk, and Licensee acknowledges and understands that linked Third Party Websites may contain terms and privacy policies that are different from those of DASH. DASH is not responsible for such provisions, and expressly disclaims any liability for them.
Choosing to be a Beta Tester
Occasionally, we look for beta testers to help us test our new features. These features will be identified as "beta" or "pre-release," or words or phrases with similar meanings (each, a "Beta Product"). Beta Products may not be ready for prime time so they are made available "as is," and any warranties or contractual commitments we make for other Services do not apply. Should Customer encounter any faults with our Beta Products, we would love to hear about them; our primary reason for running any beta programs is to iron out issues before making a new feature widely available.
Disclaimer of Warranties.
Your use of the App, including any applets, software, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DASH, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE APP AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. DASH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE APP, REGARDLESS OF WHO ORIGINATES THAT CONTENT. DASH DOES NOT WARRANT THAT THE APP IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE APP WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. DASH IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE APP, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability.
THE ENTIRE CUMULATIVE LIABILITY OF DASH AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM DASH, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DASH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DASH OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DASH AND YOU. DASH WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Termination and Amendment.
Your privilege to use or access the App may be terminated by DASH immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the App and agree not to re-register or otherwise make use of the App. Furthermore, you acknowledge that DASH reserves the right to take action - technical, legal or otherwise - to block, nullify or deny your ability to access the App. You understand that DASH may exercise this right in its sole discretion. DASH reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the App (or any part thereof). DASH shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein. You agree to defend, indemnify and hold DASH and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.