BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING DABSTER ENTERTAINMENT’S SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES.
You agree that you are (and if you are under the age of 13, your legal guardian is) fully able and competent to agree to, and comply with, these Terms of Service.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Dabster Entertainment policies, Dabster Entertainment grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
You agree not to:
a) modify or copy the materials;
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c) attempt to decompile or reverse engineer any software contained on Dabster Entertainment’s web site;
d) remove any copyright or other proprietary notations from the materials; or
e) transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Dabster Entertainment at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The Service may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Dabster Entertainment does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER DABSTER ENTERTAINMENT NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE “DABSTER ENTERTAINMENT PARTIES“) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE DABSTER ENTERTAINMENT PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE DABSTER ENTERTAINMENT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DABSTER ENTERTAINMENT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF DABSTER ENTERTAINMENT.
You agree to indemnify, save, and hold the Dabster Entertainment Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Dabster Entertainment reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Dabster Entertainment, and you agree to cooperate with Dabster Entertainment’s defense of these claims. Dabster Entertainment will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of the Service.
Dabster Entertainment may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
Any claim relating to Dabster Entertainment’s web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Dabster Entertainment shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Dabster Entertainment.
Dabster Entertainment LLC., firstname.lastname@example.org
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
This document was last updated on August 20, 2017