|Dadcando Terms and Conditions of Use|
IN THESE TERMS AND CONDITIONS, We, Us, Its, and Our, refer to dadcando.com, dadcando, and You and Your refer to you. Before using dadcando, please read this agreement relating to your use of this website carefully.
1. ACCEPTANCE OF TERMS
By using dadcando, you agree to be bound by these terms and conditions of use (Terms). If you do not agree to these Terms, please do not use dadcando. Dadcando provides the information and services on dadcando to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of dadcando constitutes your agreement with such Terms.
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We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to dadcando. Your continued use of dadcando.com following the posting of changes to these Terms will mean that you accept those changes.
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In addition, each user's use of a particular dadcando service (Service) may be subject to specific guidelines or rules (Service-specific Rules) posted from time to time and incorporated by this reference into the Terms. Use of dadcando and its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use dadcando or any of its Services, as defined herein, and should refrain from accessing dadcando and its Services.
2. MODIFICATIONS TO SERVICE
Dadcando reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, dadcando or any Service thereon (or any part thereof). Dadcando shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
3. NO UNLAWFUL OR PROHIBITED USE
By using dadcando.com, you warrant to dadcando that you will not use dadcando, or any of the content obtained from dadcando, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the dadcando website automatically terminates.
4. DESCRIPTION OF SERVICE
Dadcando is a web-based service owned and operated by dadcando Limited for the purpose of supporting parents and children, by providing them with craft projects, tips, advice and recommendations for interesting products, while also allowing them to share ideas and show things they have made using the resources on dadcando (the Purpose). Dadcando allows its users to post images of the projects that they have made, post comments relating to those projects (collectively referred to as dadcando, the Service, or the Services). Dadcando may be accessed through any various medium or device now known or hereafter developed. The Service may include advertisements and or paid for recommendations and or sponsorship devices which are necessary for dadcando Limited to provide the Service.
5. PAYMENT FOR THE SERVICE
5.1 Where applicable, dadcando may charge for the downloading of dadcando’s project instructions, templates, images, and dynamic content items (the Content) and or for membership to dadcando. While dadcando will make all reasonable efforts to make sure that the Content is fit for purpose, it is the sole responsibility of the user to determine whether or not the user’s computer equipment, (including but not limited to) their screens, processors, printers and computer programs, are suitable for receiving, displaying and where appropriate, printing or running, as appropriate, the Content;
5.2 By buying any dadcando Content, or purchasing a dadcando membership, you agree to be bound by these TERMS AND CONDITIONS;
5.3 Your right to use the service, the downloads, templates or dynamic content (the Content) extends to your own personal use, on one computer, for your family. Users who require use of dadcando Content for commercial purposes, or uses that extend beyond their immediate family, such as, but not limited to the Content’s use in, social clubs, schools, charities, churches and other oganisations, are NOT covered by these terms and are NOT permitted to use the Content without the written permission of dadcando. If you require a commercial license to use dadcando Content, please contact Chris Barnardo by sending an email to firstname.lastname@example.org;
5.4 There are no refunds once a dadcando Content is purchased. When you click the "Buy Now" button, or other button confirming your purchase, your purchases are charged to the authorized payment method, credit card or eCheque as determined by dadcando;
5.5 There are no refunds once a dadcando membership is purchased. When you click the "Buy Now" button, or other button confirming your purchase, your purchases are charged to the authorized payment method, credit card or eCheque as determined by dadcando. Your membership will continue for the agreed period, and provided you do not contravene any of the Terms of Service, you may continue to use the service as advertised until your agreed membership period is complete. There will be no refunds if you choose not to use the service after you have paid but before the completion of the membership period;
5.6 Dadcando and all the available downloadable materials on dadcando, including but not limited to the downloads, templates, images, software, text, dynamic content items and video clips (the Content) are only for your personal use and you agree that you where you are purchasing Content you are doing so for your own personal use for entertainment purposes and not for redistribution of any kind unless otherwise by prior agreement in writing from dadcando. The sale to you of any dadcando Content does not convey to you any reproduction or promotional use rights in the dadcando Content material. You may not distribute exchange, modify, sell or re-sell, or transmit to any other person any materials contained on the dadcando website, including but not limited to any text, images, audio, dynamic content items and video, for any business, commercial or public purpose.
6. REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or dadcando has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, dadcando has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
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You will receive a password and account designation upon completing the dadcando registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully liable for all activities occurring thereunder. Dadcando cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify dadcando of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
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You may not use this site unless you are at least 13 years old. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), dadcando will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
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We reserve the right to refuse service to anyone for any reason at any time.
We strongly believe that each of our users has a right to maintain their privacy. Dadcando does not use spy-ware, ad-ware, pop-up ads, spam or other annoying or intrusive advertising. We do not sell, rent, or exchange your personal information to any third party for marketing purposes.
8. USER CONTENT
8.1 All information, data, text, software, music, sound, diagrams, photographs, graphics, video, messages or any other materials whatsoever (collectively, User Content), whether publicly posted on or privately transmitted via dadcando by its members and users, are the sole responsibility and property of the person from which such User Content originated (the Author). This means that the user, and not dadcando, is entirely responsible for all User Content that he or she uploads, posts, emails or otherwise transmits via dadcando or any Service. Within the confines of international and local law, dadcando will generally not place a limit on the type, or appropriateness of content created by users, but reserves the right to remove any User Content that it deems unsuitable for dadcando or outside the ethos of dadcando. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service, and may have their User Content removed and their membership terminated. Should User Content be deemed illegal by such law having jurisdiction over the user, dadcando is committed to submitting all necessary information to the proper authorities;
8.2 Should any User Content be reported to dadcando as being offensive or inappropriate, dadcando might call upon the poster to retract, or modify, the User Content in question within a reasonable amount of time, as set forth by the dadcando staff. Should the poster fail to meet such a request from dadcando staff, dadcando has the full authority to terminate any such reported and verified account and associated inappropriate content. dadcando, however, is under no obligation to restrict or monitor User Content in any way;
8.3 Dadcando claims no ownership or control over any User Content posted by users of dadcando. The author retains all patent, trademark, and copyright to all User Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the dadcando staff in protecting such User Content. The user posting any User Content represents that the poster has all rights necessary to post such User Content (and for dadcando to serve such User Content) without violation of any intellectual property or other rights or any laws or regulations;
8.4 With respect to User Content you submit or make available for inclusion on publicly accessible areas of dadcando, you grant dadcando the world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, publicly perform, resell and publicly display such User Content at dadcando’s discretion.
8.5 You acknowledge that dadcando does not pre-screen all User Content, but that dadcando and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any User Content that is available through the Service. Without limiting the foregoing, dadcando and its designates shall have the right, but not the obligation, to remove any User Content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. Furthermore, dadcando reserves the right to limit access to your account and associated User Content, if found in violation of the TOS, by removing the account, User Content and related user information from the member directory, search engine, and all other methods used in conjunction with finding dadcando’ users and User Content.
8.6 Dadcando, in its sole and absolute discretion, may preserve User Content and may also disclose User Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of dadcando, dadcando users and the public. Dadcando does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, quality or safety of such User Content. Under no circumstances will dadcando be liable in any way for any User Content, including, but not limited to, liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via dadcando or any Service thereon.
87.7 By using dadcando or any Service, you may be exposed to User Content that is offensive, indecent, objectionable or unsafe. Each user must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
8.8 You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. MEMBER CONDUCT
You understand that should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be dadcando' sole discretion as to what action should be taken.
You agree to NOT use the Service to:
9.1 Upload, post or otherwise transmit any content that is in dadcando’ opinion to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
9.2 Harm minors in any way, as seen by dadcando or applicable law;
9.3 Impersonate any person or entity, including, but not limited to, a dadcando staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
9.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
9.5 Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
9.6 Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
9.7 Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
9.8 Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9.9 Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
9.10 Intentionally or unintentionally violate any applicable local, national or international law;
9.11 "Stalk" or otherwise harass another person or company;
9.12 Collect or store personal data about other users for business purposes;
9.13 Use dadcando as a forwarding service to another website;
9.14 Allow usage by others in such a way as to violate dadcando’s TOS;
If any user is reported to be in violation with the letter or spirit of these terms, dadcando retains the right to terminate such account at any time without further warning.
10. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
Dadcando may establish general practices and limits concerning use of dadcando Services, as defined by posted Service-specific Rules. While dadcando will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, dadcando has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. Dadcando reserves the right to mark as "inactive" and archive dadcando accounts and/or content that are inactive for an extended period of time. Dadcando reserves the right to change these general dadcando practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
You agree that dadcando, in its sole discretion, may terminate your password, account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if dadcando believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account, Content and all its parts, at dadcando’s discretion, will be terminated as well. Dadcando may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that dadcando may immediately deactivate or delete your dadcando account and all related information and files. Dadcando reserves the right to bar any further access to such files or the Service. You agree that dadcando shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that dadcando shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Dadcando, any Service or a third party may provide links to other websites. Dadcando exercises no control whatsoever over such other non-dadcando websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. Dadcando shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of websites linked to dadcando, including information, material, products and services therein, is solely at your own risk.
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Dadcando' privacy statement is applicable only when you are on dadcando. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
Each user shall indemnify, defend and hold harmless dadcando, its subsidiaries and affiliates and their respective officers, employees and agents, and each of dadcando's website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of dadcando; his or her submission, posting or transmission of User Content or his or her violation of the Terms.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Dadcando EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- DADCANDO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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 BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DADCANDO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN dadcando AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY.
- AS NOTED ABOVE, DADCANDO DOES NOT AND CANNOT CONTROL THE ACTIONS OF DADCANDO USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO DADCANDO OR ANY SERVICES. OPERATION OF DADCANDO MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY DADCANDO.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DADCANDO 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 dadcando 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 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) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
OUR AGGREGATE LIABILITY, AND THE LIABILITY OF OUR PARENT CORPORATION, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO £50.
In the event that you have a dispute with one or more dadcando users, you release dadcando (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Without limiting any other remedies, dadcando may suspend or terminate your dadcando account if we suspect that you have engaged in fraudulent activity in connection with dadcando or any dadcando Service.
20. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of dadcando and all of its Services. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
21. NO AGENCY
You and dadcando are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
22. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
23. DADCANDO’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by dadcando or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Dadcando grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by dadcando for use in accessing the Service.
24. SUBMISSION OF UNSOLICITED IDEAS AND INFORMATION
25. TRADEMARK INFORMATION
Dadcando, the dadcando logo and other dadcando trademarks, service marks, and product and service names are trademarks of dadcando (the dadcando Marks). Dadcando and dadcando are trademarks of dadcando.com and dadcando Limited. All other names and designs may be trademarks of their respective owners. Without dadcando’ prior permission, you agree not to display or use in any manner, the dadcando Marks.
Dadcando respects the intellectual property rights of others, and requires that the people who use the dadcando website do the same. It is our policy to respond promptly to claims of intellectual property misuse.
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If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing us with the following information in writing to our registered address:
If dadcando receives such a claim, dadcando reserves the right to refuse or delete User Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit dadcando to locate the material;
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
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Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:
Chris Barnardo, dadcando Limited, 29 Nightingales, Bishop’s Stortford, Hertfordshire, CM23 5JQ, United Kingdom.
After receiving a claim of infringement, dadcando will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, dadcando will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. dadcando will take reasonable steps promptly to notify the subscriber that it has removed or disabled access to such material.
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Upon receipt of a proper counter notification under the DMCA, dadcando will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten business days. Additionally, dadcando will replace the removed material and cease disabling access to it not less than 10, nor more than 14 business days following receipt of the counter notice, unless dadcando's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the dadcando system or network.
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You may provide us with a Counter Notification by providing our copyright agent the following information in writing:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number, and a statement that you consent to the judicial district in which dadcando may be found and that you will accept service of process from the person who provided the initial notification of infringement.
27. RESOLUTION OF DISPUTES
In the event a dispute arises between you and dadcando, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and dadcando agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.
- Amicable resolution. Before resorting to the other alternatives below, we strongly encourage you to first contact us directly to seek an amicable resolution through dialog.
- Alternative Dispute Resolution. Alternatively, dadcando will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
- Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or dadcando may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, it shall be held in Hertfordshire, United Kingdom, or another location mutually agreed upon by the parties. In all such cases, the arbitration shall be administered by an appropriate independent arbitration service as chosen by dadcando, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Hertfordshire, United Kingdom, and in your case your home address or principal place of business. You and dadcando agree to submit to the personal jurisdiction of the Court located in Hertfordshire, United Kingdom.
- All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 21, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
28. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and dadcando and governs your use of the Service, superseding any prior agreements between you and dadcando with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other dadcando services, affiliate services, third-party content, or third-party software.
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Choice of Law and Forum. The TOS and the relationship between you and dadcando shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and dadcando agree to submit to the personal and exclusive jurisdiction of the courts located within Hertfordshire, United Kingdom.
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Waiver and Severability of Terms. The failure of dadcando to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
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No Right of Survivorship and Non-Transferability. You agree that your dadcando account is non-transferable and any rights to your dadcando I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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The section titles in the TOS are for convenience only and have no legal or contractual effect.
29. VIOLATIONS OF TERMS
Please report any violations of the Terms to Chris Barnardo email@example.com.