1. License To Use the Service
(a) Davler does obligate itself to review or pre-screen the content and data uploaded or posted to the Service (“User Content”) by Authorized Users (as defined below), and Davler claims no intellectual property rights with respect to the User Content.
(b) You agree not to reproduce, modify, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to any of the code, visual design or other elements without the express written permission from Davler.
(e) You agree not to use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms of Service.
(f) You agree not to use the Service to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
(g) The Service is protected by United States and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to this Agreement, you acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with Davler.
(h) Davler reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect to User Content that violates these Terms of Service, including, but not limited to, removal of such User Content.
(i) Davler reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes your acceptance of the modification. Davler reserves the right to permanently discontinue the entire Service on no less than 90 days’ notice, unless exigent or legal circumstance require a shorter time period in Davler’s sole discretion.
(j) Davler reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavour to provide reasonable notice prior to any such suspension.
2. Access Charges
(a) Subscribers paying for access shall provide Davler with a valid credit card for payment of the access fee. All access fees are exclusive of all federal, state, municipal or other taxes.
(b) No refunds or credits will be issued.
(c) All prices are subject to change upon notice.
3. Monitoring and Enforcement; Termination
(a) Davler has the right to:
(i) Remove or refuse to post any User Content for any or no reason in Davler’s discretion.
(iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(iv) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
(vi) Without limiting the foregoing, Davler has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Davler to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS DAVLER AND ITS EMPLOYEES AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
4. Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. Davler does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Davler disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. Davler is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties through the Service.
5. Links from the Website
If the website or Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Davler have no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
6. Cancellation and Termination
(b) Upon cancellation or termination of a subscription, all User Content associated with such subscription may, at the sole discretion of Davler, be immediately and irrevocably deleted from the Service.
7. Limited Warranty and Limitation of Liability
(A) YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND DAVLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
(B) DAVLER, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF DAVLER OR ITS AFFILIATES DO NOT WARRANT THAT:
(I) THE SERVICE WILL MEET ANY SPECIFIC REQUIREMENTS;
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET ANY EXPECTATIONS; AND
(V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
(C) WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR CONTENT DOWNLOADED FROM THE SERVICE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.
(D) DAVLER, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF DAVLER OR ITS AFFILIATES, SHALL NOT BE LIABLE 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 DAVLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF A 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 THE SERVICE;
(iii) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF AUTHORIZED USER TRANSMISSIONS OR CONTENT;
(iv) ANY PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE;
(v) ANY LOSS OF CONTENT, MODIFICATION TO A FEATURE OR TO THE SERVICE ITSELF;
(vi) ANY LOSS OF CONTENT SUBSEQUENT TO A CANCELLATION OR TERMINATION OF A SUBSCRIPTION TO THE SERVICE;
(vii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(viii) ANY OTHER MATTER RELATING TO THE SERVICE.
(a) Davler does not guarantee, warrant or covenant to provide any level of technical support.
(b) You acknowledge and agree that Davler may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
(c) You acknowledge and agree that the technical processing and transmission of data associated with the Service, including User Content, may be transmitted unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
(f) You may not assign your rights or delegate your duties under this license to access the Service without the prior written consent of Davler.