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Terms of Use

  • Indemnification You agree to indemnify, defend, and hold harmless DiskDazzle, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
  • Intellectual Property All content and materials available on DiskDazzle, including but not limited to text, graphics, logos, images, and software, are the property of DiskDazzle or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on DiskDazzle without the express written permission of DiskDazzle.
  • Termination DiskDazzle reserves the right, at its sole discretion, to terminate your access to any or all parts of the website at any time, without notice or liability, for any reason, including but not limited to your breach of these Terms of Use.
  • Severability If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use shall remain in full force and effect.
  • Entire Agreement These Terms of Use constitute the entire agreement between you and DiskDazzle regarding your use of the website, superseding any prior agreements between you and DiskDazzle relating to your use of the website.
  • Waiver The failure of DiskDazzle to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
  • Assignment DiskDazzle may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
  • User Conduct When using DiskDazzle, you agree to conduct yourself in a manner consistent with all applicable laws and regulations. You are solely responsible for your interactions with other users of the site. You agree not to:
    1. Use DiskDazzle for any unlawful purpose or to engage in any illegal activity;
    2. Post or transmit any content that is abusive, harassing, defamatory, obscene, or otherwise objectionable;
    3. Violate the rights of others, including intellectual property rights or privacy rights;
    4. Attempt to gain unauthorized access to any portion or feature of DiskDazzle, or any other systems or networks connected to DiskDazzle, by hacking, password "mining," or any other illegitimate means;
    5. Interfere with or disrupt the operation of DiskDazzle or any servers or networks connected to DiskDazzle;
    6. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of DiskDazzle or its contents.
  • Third-Party Services DiskDazzle may contain links to third-party websites or services that are not owned or controlled by DiskDazzle. DiskDazzle has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that DiskDazzle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
  • Dispute Resolution Any dispute arising out of or in connection with these Terms of Use, including any questions regarding its existence, validity, or termination, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The place of arbitration shall be San Francisco, California. The language of the arbitration shall be English.
  • Changes to the Service DiskDazzle reserves the right to modify or discontinue, temporarily or permanently, the website or any part of it with or without notice. You agree that DiskDazzle shall not be liable to you or any third party for any modification, suspension, or discontinuance of the website.
  • Headings The section headings used in these Terms of Use are for convenience only and shall not be used to construe or interpret any provision of these Terms of Use.
  • Limitation of Liability In no event shall DiskDazzle, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use DiskDazzle; (ii) any conduct or content of any third party on DiskDazzle; (iii) any content obtained from DiskDazzle; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
  • No Warranty DiskDazzle is provided "as is" and "as available" without any representations or warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, DiskDazzle disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. DiskDazzle does not warrant that the functions contained on the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components.
  • Governing Law and Jurisdiction These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and DiskDazzle shall be brought exclusively in the state or federal courts located in the County of San Francisco, California, and you expressly consent to the personal jurisdiction of such courts.
  • Entire Agreement These Terms of Use constitute the entire agreement between you and DiskDazzle regarding your use of the website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, relating to such subject matter.
  • Changes to Terms DiskDazzle reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
  • User Registration Certain features of DiskDazzle may require you to register and create an account. When registering, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You also agree to maintain the confidentiality of your password and account and are fully responsible for all activities that occur under your account. You agree to immediately notify DiskDazzle of any unauthorized use of your account or any other breach of security.
  • Feedback We welcome feedback, comments, suggestions, and ideas regarding DiskDazzle ("Feedback"). By submitting Feedback, you agree that DiskDazzle may use, copy, modify, adapt, publish, or incorporate such Feedback into its website or other products or services without any obligation, compensation, or acknowledgment to you.
  • Mobile Services DiskDazzle may include certain services that are available via a mobile device. Standard carrier data charges may apply to your use of these mobile services. By using these mobile services, you agree that DiskDazzle may communicate with you regarding DiskDazzle and other entities by SMS, MMS, text message, or other electronic means to your mobile device, and that certain information about your usage of the mobile services may be communicated to DiskDazzle.
  • International Use DiskDazzle is controlled, operated, and administered by DiskDazzle from its offices within the United States of America. If you access DiskDazzle from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use DiskDazzle's content in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
  • Severability If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
  • Contact Information If you have any questions or concerns regarding these Terms of Use, you may contact us at [email protected].