, all associated websites which are linked to www.projectdina.com
by DINA or its affiliates, and any other website or mobile site that links to these Rules (each a "Site" and collectively the "Sites"). These Rules shall not amend in any way the provisions or conditions of any other agreement or contract you have with DINA, its subsidiaries or affiliates, for products, services or otherwise.
Additional rules and conditions may apply to your use of certain parts of the Sites, use of services by you offered through the Sites, or your purchase of products through the Sites (collectively, "Additional Rules"). If there is a contradiction between these Rules and any Additional Rules, the applicable Additional Rules shall govern your use of such parts of the Sites, your use of such services, or your acquisition of such products.
Amendments and modifications
DINA may amend or modify these Rules periodically. Your continued use of the Sites will constitute your consent to and acceptance of any amendments to these Rules. You shall review these Rules periodically — it's important you understand the terms and conditions that are applicable to use of the Sites by you.
DINA treats your privacy as very important. DINA's Privacy Guidelines describe how DINA may gather, use and disclose information about you.
Site Contents and Information
The Sites and all their content and other materials and information on the Sites — including, without limitation, DINA's name, trademarks, logos, taglines, product names, service names, all artwork, designs, text, graphics, images, information, data, software, sound files, page headers, button icons, scripts and other files, and the selection, arrangement, and "look and feel" thereof, user interface apperance (collectively, the "Site Contents") — are the property of DINA or its licensors and as such are protected by U.S. and international trademark, copyright, trade dress, patent and other intellectual property and unfair competition laws.
Use of the Sites and Site Contents by You
Your right to use and access the Sites shall at all times be subject to these Rules and shall be exclusively for your informational, non-commercial and personal use.
You are not permitted to (directly or indirectly): (a) resell or otherwise make commercial use of the Sites or the Site Contents; (b) collect or use any images, descriptions, or other content in which is part of the Site Contents, or any part thereof; (c) copy, imitate, distribute, disclose to third parties, perform in public, or display in public any Site Contents; (d) amend or otherwise make derivative uses in relation to the Sites or the Site Contents, or any part thereof; (e) use data mining, robots or extraction methods or similar data gathering on any of the Sites; (f) perform, or disclose, or release the results of, any benchmark testing or vulnerability assessments of the Sites; (g) introduce any disruptive software into the Sites, including, without limitation any malware, trojan horses, spyware, viruses, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer and/or mobile systems; (h) remove or amend any proprietary notices or labels in or on the Sites; (i) use the Sites to directly or indirectly develop any product or service that may compete with the Sites; (j) download (other than page caching) and/or store any portion of the Sites, the Site Contents or any information and/or details contained therein, except as expressly allowed on the Sites; or (k) use the Sites or the Site Contents except for their intended purpose.
Any use of the Sites or the Site Contents other than as specifically and expressly authorized herein is strictly prohibited without DINA's prior written permission in each case. Such unauthorized use may violate applicable laws and regulations including, but not limited to, trademark laws and copyright and applicable communications statutes and regulations. Unless explicitly provided for in this Rules, nothing herein shall be construed as providing any license to intellectual property rights.
You are allowed to create text hyperlinks to the Sites for non-commercial purposes, on the condition that such links do not, directly or indirectly, (a) depict DINA and/or any of its products and/or any Site Contents and services in a false, derogatory, misleadingor otherwise defamatory manner; or (b) contain any illegal or adult material, or any material that may be offensive, harassing or otherwise objectionable.
Third Party Goods and Services
Third party content may be used on the Sites. DINA may run third parties' advertisements and/or promotions on the Sites, or otherwise provide links to or information about third party websites and other third party content, products or services on the Sites (collectively, "Third Party Goods and Services"). DINA does so for your convenience, and does not somehow control, endorse or make any representations or warranties in relation to and/or in connection with any such Third Party Goods and Services, including, but not limited to, with respect to accuracy, efficacy, safety, or completeness thereof. Your business dealings or correspondence with, or participation in promotions of, such third persons, and any terms, conditions, warranties or representations related to and/or connected with such dealings or promotions, are exclusively between you and such third person. You agree and acknowledge that usage by you of any Third Party Products and Services shall be at your own risk and that DINA shall not be liable or responsible in any manner whatsoever for any such Third Party Goods and Services, or for any damage or loss that may be incurred by you resulting from use of such Third Party
Goods and Services.
Disclaimer with respect to Warranties
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE, THAT DINA IS PROVIDING ACCESS TO THE SITES AND THE SITE CONTENTS ON AN "AS IS" BASIS FOR USE AT YOUR OWN RISK. DINA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES AND THE SITE CONTENTS, WHETHER STATUTORY, IMPLIED OR EXPRESS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ACCURACY. DINA DOES NOT PROVIDE ANY WARRANTY THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SAFE. DINA ALSO MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ANY THIRD PERSONS (INCLUDING BUT NOT LIMITED TO, DINA'S LICENSORS). YOUR SOLE REMEDY AGAINST DINA OR ITS LICENSORS FOR DISSATISFACTION WITH THE SITES AND/OR THE SITE CONTENTS OR FOR ANY DAMAGE CAUSED BY THE SITES AND/OR THE SITE CONTENTS IS TO CEASE USING THE SITES.
WE NOTE THAT SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, OR LIMITATIONS IN RELATION TO HOW LONG AN IMPLIED WARRANTY MAY LAST, THE EXCLUSION OF CERTAIN CONDITIONS, WARRANTIES OR REPRESENTATIONS, AND IN THIS RESPECT SOME OF THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE IN FULL TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW: (A) IN NO CASE SHALL DINA, ITS DIRECTORS, EMPLOYEES OR AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OPPORTUNITY, LOSS OF USE, LOSS OF PROFIT, AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN TORT, IN CONTRACT OR OTHERWISE, IN ANY WAY IN CONNECTION WITH AND/OR RELATED TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE CONTENTS OR THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM OR CAUSED BY YOUR RELIANCE ON ANY INFORMATION RECEIVED FROM DINA, OR THAT RESULT FROM INTERRUPTIONS, MISTAKES, OMISSIONS, DELETION OF FILES OR EMAIL, VIRUSES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DINA ARISING OUT OF AND/OR RELATING TO THESE RULES OR YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE CONTENTS, EXCEED THE AMOUNT OF COMPENSATION THAT HAS ACTUALLY BEEN RECEIVED BY DINA FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SITES.
Applicable Law and Place of Forum
These Rules and your use of the Sites shall be governed by the laws of the State of Delaware, provided that no effect shall be given to any choice of laws principles that would require to apply the laws of a different country or state. You acknowledge and agree that any action at law or in equity arising out of or in connection with these Rules shall be brought only in the state and federal courts located in County of Sussex, Delaware and you hereby irrevocably and unconditionally agree and submit to their exclusive jurisdiction with respect to any suit, action or proceeding arising out of and/or in connection with these Rules.
DINA retains the right, without notice and at its sole discretion, to suspend, terminate or disable your access to the Sites Contents or the Sites if DINA decides you're violating and/or not complying with these Rules or any laws, rules, or regulations. DINA also reserves the right to periodically modify the Sites or the Site Contents, or any part thereof. You agree that in any case DINA shall not be liable to you or to any third person for any suspension, termination, modification, or discontinuance of the Sites, the Site Contents, or any part thereof.
You consent and undertake to comply with all applicable laws and regulations in relation to your use of and access to the Site Contents and Sites. You shall not directly and/or indirectly export, re-export, or transfer the Sites, the Site Contents or any other DINA products, services or technology in breach of such applicable laws and regulations. These Rules are personal to you, and you may not assign or delegate your rights and/or transfer duties under these Rules to third persons and any such attempted assignment or delegation shall be void. You acknowledge and agree that DINA has the right to seek an injunction, in case it is required, to stop or prevent a breach of your obligations and undertakings under these Rules. DINA's delay or failure to exercise or enforce any right or provision of these Rules shall not qualify as waiver of such provision or right. No waiver by DINA will have effect unless such waiver is in writing, and signed by an authorised representative of DINA. No waiver of any default or breach in one particular instance shall constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction declares any provision of these Rules to be unenforceable, the provision of these Rules shall be enforced to the maximum extent permitted so as to implement the intent of the parties, and other provisions of these Rules shall continue in full force and effect. These Rules shall constitute the entire agreement between you and DINA with regard to the matters described herein.
Please contact us at [email protected]
, should you have any questions about these Rules.