Contract between You and Us
Nothing in this Agreement is intended to affect your rights under the law of your usual place of residence and if there is a conflict between these terms and the local law, your rights under local law will prevail.
Use of the Service
The Services are provided for your personal, noncommercial use and are intended for informational and entertainment purposes only. The Services and the information contained within them do not constitute legal, financial, professional, medical, or healthcare advice or diagnosis. The Services relate to collaborative problem solving, but all situations are different and any information obtained herein may not be appropriate in certain situations, interactions, and events. . You agree that DA and its affiliates are not liable to you for any claim, whether based on CONTRACT, TORT, OR OTHERWISE, for any harm or damage, personal or property, done to you using any information you learned from Services.
The Services are constantly changing and those Services may change in a way you dislike. You agree that you hold no rights or interest in the Services as provided to you at any given moment in time and the Services are provided to you as is for your use and enjoyment as we see fit.
Intellectual Property Owned by Us
The Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, copyrights, service marks, trade dress, trade names, and all other intellectual property in the Services are owned by us or our licensors or licensees. The Services are offered to you as provided and may not be used or exploited in any way other than as provided. We maintain our ownership even when content included in the Services is installed, downloaded, or transferred to physical media owned by you. We retain full and complete ownership of all aspects of the Services and we do not transfer title to any portion of the Services to you.
Grant of License
We hereby grant to you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use, solely in a manner permitted by and consistent with this Agreement, one copy of any material and/or software that you may download from the website. You agree to maintain all copyright and other notices contained in such material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of us. Use of our and/or our licensors' material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the material. You hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act.
No Tampering, Malware, or Other Damaging Behavior
By using or accessing the Services or any technology or network connected to the Services, you agree to not knowingly or recklessly introduce a virus, Trojan virus, malware, or any other harmful component, or otherwise tamper with, impair, or damage any of the Services or any technology or network connected to the Services. You further agree to not interfere, impair, or in any way impede another person’s or entity’s enjoyment or use of the Services, which includes the use of any software or device that allows for automated gameplay, expedited gameplay, or manipulation of gameplay. You also agree to not to access, copy, or otherwise visit any part of the Services using a scraper, spider, robot, or any other automated system without our express written permission.
Third party services
The Services may use third party software, networks, or other technology to send text messages, host and stream videos, provide analytics, and achieve any other purpose. We do not control these third party services or the content.
Please note some third parties will obtain information about you via the device you use to connect to the Services and the software you use to connect to the Services. We have no control or authority over these typesof these third parties.
Data rates & mobile service
When you access the Services online through a mobile network, your mobile network’s data plan, charges, roaming charges, and other fees will apply. You agree to take full responsibility for any resulting charges, fees, or money to be paid to your service provider. Certain parts of the Service may not work with all third party technology, services, or devices.
Passwords & Security
Disclaimers and limitations on liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY, UNDER ANY CIRCUMSTANCES, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, EVEN IF SUCH PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL A PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF ONE THOUSAND DOLLARS ($1,000). EACH PARTY IS OBLIGATED TO MITIGATE THE IMPACT OF ANY DAMAGE ARISING FROM OR RELATED TO THIS AGREEMENT.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DAHEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. DA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DAOR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
These terms are the final and complete expression of the Agreement between DAand you regarding the subject matter hereof. In the event of a conflict between these terms and any exhibit, the terms of this Agreement shall supersede. This Agreement supersedes, and the terms of this Agreement govern, all previous oral and written communications regarding these matters, all of which are merged into this Agreement. No usage of trade or other regular practice or method of dealing between the parties shall be used to modify, interpret, supplement, or alter the terms of this Agreement.
You agree to indemnify, defend and hold harmless, us, our affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. We reserve the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
International Transfer of Information
If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement shall remain in full force and effect.
The provisions of this Agreement that by their nature should survive the termination of this Agreement shall survive any such termination.
The waiver by either party of any breach of any provision of this Agreement does not waive any other breach.
Contact information & Copyright infringement
Digital Artefacts LLC
201 E Washington St.
Iowa City, IA 52240