DCR TERMS OF SERVICE
Thank you for using DCR! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using DCR. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.
|Section||What can you find there?|
|A. Definitions||Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.|
|B. Account Terms||These are the basic requirements of having an Account on DCR.|
|C. Acceptable Use||These are the basic rules you must follow when using your DCR Account.|
|D. User-Generated Content||These are the basic rules you must follow when using your DCR Account.|
|E. Private Repositories||This section talks about how DCR will treat content you post in private repositories.|
|F. Copyright & DMCA Policy||This section talks about how DCR will respond if you believe someone is infringing your copyrights on DCR.|
|G. Intellectual Property Notice||This describes DCR’s rights in the website and service.|
|H. Third party applications in DCR AppStore||We have a few rules for creating apps for other Users, and another set of terms for DCR AppStore.|
|I. Advertising on DCR||If you want to promote your content on DCR, this section lays out some rules you must follow.|
|J. Payment||You are responsible for payment. We are responsible for billing you accurately.|
|K. Cancellation and Termination||You may cancel this agreement and close your Account at any time.|
|L. Communications with DCR||We only use email and other electronic means to stay in touch with our users. We do not provide phone support.|
|M. Disclaimer of Warranties||We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.|
|N. Limitation of Liability||We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.|
|O. Release and Indemnification||You are fully responsible for your use of the service.|
|P. Changes to these Terms of Service||We may modify this agreement, but we will give you 30 days’ notice of changes that affect your rights.|
|Q. Miscellaneous||Please see this section for legal details including our choice of law.|
THE DCR TERMS OF SERVICE
Effective date: May 25, 2018
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There’s not going to be a test on it, but it’s still useful information.
The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the DCR Privacy Statement, available at dcrsolutions.net/privacy) and procedures that we may publish from time to time on the Website.
The “Service” refers to the applications, software, products, and services provided by DCR.
The “Website” refers to DCR’s website located at dcrsolutions.net, dcr.design and dcrgraphs.net, and all content, services, and products provided by DCR at or through the Website. It also refers to DCR-owned subdomains of dcrsolutions.net, dcrgraphs.com and dcrgraphs.net, such as documentation.dcr.design, responsitory.dcrgraph.net and api.dcrgraphs.net. Occasionally, websites owned by DCR may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 18 years of age. Special terms may apply for business or government Accounts (See Section B(5): Additional Terms).
“DCR,” “We,” and “Us” refer to DCR Solutions A/S, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
An “Account” represents your legal relationship with DCR. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on DCR. “Organizations” are private areas that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations, but will act on behalf one organization at a time.
A “Paid Account” is an organization that has a commercial agreement with DCR to use its portal and services.
A “Free plan” is an access granted to the DCR portal where users can experience and test the functionality of the DCR product and services.
A “demo license” is an organization given for demo and evaluation purpose as a free plan for a specific period of time.
The ”Public Organization” is a common organization that all users are member of.
B. ACCOUNT TERMS
Short version: User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 18 or over; you must provide a valid email address; and you may not have more than one Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure. Finally, your Account must be created in your legal name and your affiliation and it is not allowed to use other names than your own.
1. ACCOUNT CONTROLS
Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
Organizations. The “owner” of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.
2. REQUIRED INFORMATION
You must provide a valid email address and real name in order to complete the signup process. Any other information requested, such as your job title, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.
3. ACCOUNT REQUIREMENTS
We have a few simple rules for User Accounts on DCR’s Service.
You must be a human to create an Account. Your name and email address must be used as the account, and we do not allow accounts with other names or email addresses. We might require to prove your identity when creating an account. Accounts registered by “bots” or other automated methods are not permitted. We do permit machine accounts:
One person or legal entity may maintain no more than one Account.
An organization can choose to control a machine account as well, that’s fine, but it can only be used for running a machine that interacts with DCR as a service.
You must be age 18 or older. DCR does not target our Service to children, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s Account immediately. If you are a resident of a country outside the European Union, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows.
4. USER ACCOUNT SECURITY
You are responsible for keeping your Account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your Account’s security, but the content of your Account and its security are up to you.
You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
You are responsible for maintaining the security of your Account and password. DCR cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify DCR if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
5. ACADEMIC ALLIANCE
If your access to the DCR website and Service comes through an Academic Alliance you can only use the website and Service for research and academic related education. You cannot use the website or Service in any way for commercial activities. Your account is only be valid as long as you’re working or is enrolled as a student at the university or school.
Should the Academic Alliance end we will transfer your account to another Organization of our choice and you might be forced to pay for future access.
6. ADDITIONAL TERMS
In some situations, third parties’ terms may apply to your use of DCR. For example, you may be a member of an organization on DCR with its own terms or license agreements; you may download an application that integrates with DCR. Please be aware that while these Terms are our full agreement with you, other parties’ terms govern their relationships with you.
C. ACCEPTABLE USE
Short version: DCR hosts a wide variety of collaborative business processes from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.
1. COMPLIANCE WITH LAWS AND REGULATIONS
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
2. CONTENT RESTRICTIONS
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. CONDUCT RESTRICTIONS
While using DCR, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including DCR employees, officers, and agents, or other DCR Users;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with DCR’s servers in ways that could harm our Website or Service, to place undue burden on DCR’s servers through automated means, or to access DCR’s Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with DCR, or by fraudulently misrepresenting your identity or site’s purpose; or
- violate the privacy of any third party, such as by posting another person’s personal information without consent.
4. SERVICES USAGE LIMITS
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without DCR’s explicitly written permission.
Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. You may scrape the website for the following reasons:
- Researchers may scrape public, non-personal information from DCR for research purposes, only if any publications resulting from that research are open access
You may not scrape DCR for spamming purposes, including for the purposes of selling DCR users’ personal information, such as to recruiters, headhunters, and job boards.
All use of DCR data gathered through scraping must comply with the DCR Privacy Statement.
Misuse of DCR Users’ Personal Information is prohibited.
Any person, entity, or service collecting data from DCR must comply with the DCR Privacy Statement, particularly in regards to the collection of our Users’ Personal Information (as defined in the DCR Privacy Statement). If you collect any DCR User’s Personal Information from DCR, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from DCR, and you will respond promptly to complaints, removal requests, and “do not contact” requests from DCR or DCR Users.
7. EXCESSIVE BANDWIDTH OR SERVICE USE
If we determine your bandwidth or service usage to be significantly excessive in relation to other DCR customers, we reserve the right to suspend your Account until you can reduce your bandwidth or service consumption.
8. USER PROTECTION
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
D. USER-GENERATED CONTENT
Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to. You can share information with other users and make it public to all DCR users. You can even share content publicly, typically on social networks such as Facebook or LinkedIn. When sharing content, you grant DCR the rights to share your content, and thereby access to the content for the purpose of sharing.
1. RESPONSIBILITY FOR USER-GENERATED CONTENT
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
2. DCR MAY REMOVE CONTENT
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any DCR terms or policies.
3. OWNERSHIP OF CONTENT, RIGHT TO POST, AND LICENSE GRANTS
As a paying customer you retain ownership of Your Content. You always retain responsibility for Your Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other DCR Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting DCR the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have copied it.
DCR Solutions retain ownership of any content originating from free plans, demo licenses and academic licenses, as well as any content created in the Community part of the DCR portal.
4. LICENSE GRANT TO US
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users.
If you choose to give Feedback on a specific graph, whether an Idea, a Problem, a Question or a Praise, you grant DCR rights to view your content in order to assist you. DCR can choose to copy your graph to help you or reply to questions. The right and ownership of this copy will remain your property.
DCR has the right to show content marked as public on DCR web sites such as kommune.dcrgraphs.net.
This license does not grant DCR the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service. As DCR owns the content from free plans, demo accounts, academic licenses and content in the Community part of the portal, DCR can distribute this content in any way it wants. However, DCR will respect the privacy of the users that created the content.
DCR has the right to analyze metadata of content such as graphs, categories and usage data, and publish information about graphs and usage on DCR web sites.
5. LICENSE GRANT TO OTHER USERS
Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users’ repositories, may be viewed by others. By setting your categories and/or graphs to be viewed publicly, you agree to allow others to view and copy your graphs (this means that others may make their own copies of Content from your categories in categories they control).
If you set your graphs or categories to be viewed publicly, you grant each User of DCR a nonexclusive, worldwide license to use, display, and perform Your Content through the DCR Service and to reproduce Your Content solely on DCR as permitted through DCR’s functionality (for example, through forking). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other DCR Users.
6. CONTRIBUTIONS UNDER REPOSITORY LICENSE
Whenever you contribute to a collection containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supersede.
Isn’t this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it’s commonly referred to by the shorthand “inbound=outbound”. We’re just making it explicit.
7. MORAL RIGHTS
As a paying customer you retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant DCR the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
DCR Solutions retain moral rights to all content created under free plans, demo licenses and academic licenses. Should you choose to convert your account to a paying account ownership of your content will normally follow your paying account as long as you are a paying customer.
E. PRIVATE CATEGORIES AND ORGANIZATIONS
1. CONTROL OF PRIVATE CATEGORIES AND ORGANIZATIONS.
Some Accounts, such as paid Accounts, will have private organizations, which allow the User to control access to Content.
2. CONFIDENTIALITY OF PRIVATE ORGANIZATIONS.
DCR considers the contents of private paid organizations Account to be confidential to you. DCR will protect the contents of private organizations from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
DCR employees may only access the content of your private paid organization Account in the following situations:
- With your consent and knowledge, for support reasons. If DCR accesses a private organization for support reasons, we will only do so with the owner’s consent and knowledge.
- Should any user of a private organization use the Feedback form, whether an Idea, a Question, a Problem or a Praise, access to the relevant information is granted implicit in order for DCR staff to analyze and handle your request.
- When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of DCR’s systems and Service.
You may choose to enable additional access to your private organization. For example:
- You may enable various DCR services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but DCR will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the DCR Service, we will provide an explanation of those rights.
If we have reason to believe the contents of a private organizations are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private organizations.
F. COPYRIGHT INFRINGEMENT AND DMCA POLICY
If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on DCR violates your rights, please contact us via our convenient DMCA form or by emailing email@example.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the Accounts of repeat infringers of this policy.
G. INTELLECTUAL PROPERTY NOTICE
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed. We also own all intellectual property rights of content created under free plans, demo licenses and academic licenses.
1. DCR’S RIGHTS TO CONTENT
2. DCR TRADEMARKS AND LOGOS
If you’d like to use DCR Solution’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: https://www.dcrsolutions.net/logos. DCR trademark and logos include but is not limited to using the terms “DCR”, “DCR Solutions”, “DCR Graphs”, “dynamic condition response”, “DCR XML” and any other term originating from DCR. When accepting this license agreement you agree to that these terms are the ownership of DCR, and that you can only use these terms if you have an agreement to do so with DCR.
3. LICENSE TO DCR POLICIES
This Agreement is licensed under this Creative Commons Zero license.
H. THIRD PARTY APPLICATIONS IN DCR APPSTORE
Short version: You need to follow certain rules if you create an application for other Users, and share them through our AppStore.
1. CREATING APPLICATIONS
If you create a third-party application or other developer product that collects User Personal Information or User-Generated Content and integrates with the Service through DCR’s API, or otherwise (“Developer Product”), and make it available for other Users, then you must comply with the following requirements:
You must comply with this Agreement and the DCR Privacy Statement.
Except as otherwise permitted, such as by law or by a license, you must limit your usage of the User Personal Information or User-Generated Content you collect to that purpose for which the User has authorized its collection.
You must take all reasonable security measures appropriate to the risks, such as against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, presented by processing the User Personal Information or User-Generated Content.
You must provide Users with a method of deleting any User Personal Information or User-Generated Content you have collected through DCR after it is no longer needed for the limited and specified purposes for which the User authorized its collection, except where retention is required by law or otherwise permitted, such as through a license.
If you list an App through DCR AppStore, then you must agree to the DCR AppStore Developer Agreement, prior to submitting the project to be listed.
2. USING THIRD-PARTY APPLICATIONS
You may grant a Developer Product authorization to use, access, and disclose the contents of your categories, including your private categories. Some Developer Products are available through DCR AppStore. Some Developer Products can be used for performing automated tasks, and often times multiple Users may direct the actions of a Developer Product. However, if you purchase and/or set up a Developer Product on your Account, or you are an owner of an Account with an integrated Developer Product, then you will be responsible for the Developer Product’s actions that are performed on or through your Account. Please see our Privacy Statement for more information about how we share data with Developer Products.
DCR makes no warranties of any kind in relation to Developer Products and is not liable for disclosures to third parties that you authorize to access Your Content. Your use of any third-party applications is at your sole risk.
If you use or buy Developer Products through DCR AppStore, the DCR AppStore Terms of Service controls your purchase. This Agreement, as well as the DCR AppStore Terms of Service, will govern your use of DCR AppStore.
I. ADVERTISING ON DCR
Short version: We do not generally prohibit use of DCR for advertising. However, we expect our users to follow certain limitations, so DCR does not become a spam haven. No one wants that.
1. DCR CATEGORIES
DCR categories are intended to host Content.
You may not advertise in other Users’ categories, such as by posting monetized or excessive bulk content in issues.
2. SPAMMING AND INAPPROPRIATE USE OF DCR
You are responsible for any fees associated with your use of DCR. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.
You can get information about our pricing and payment terms by contacting us at https://dcrsolutions.net/contact/. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
2. FREE PLAN AND PAYING PLAN
If you choose to use DCR on a free plan, please be aware that you will not be able to get support from DCR. On a free plan agreement, we do only guarantee the accessibility to your account for a period of one month from date of creation. Any content created under the free plan will belong to DCR. A special version of the free plan is a demo account, where an organization get their own private portal for managing their content.
If you upgrade to a paying plan, you will get access to support from DCR and you will be guaranteed access to your account for as long as your subscription agreement is active.
3. BILLING SCHEDULE; NO REFUNDS
For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period.
In order to treat everyone equally, no exceptions will be made.
4. RESPONSIBILITY FOR PAYMENT
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay DCR any charge incurred in connection with your use of the Service. If you dispute the matter, contact us at https://dcrsolutions.net/contact/. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
K. CANCELLATION AND TERMINATION
You may close your Account at any time. If you do, we’ll treat your information responsibly.
1. ACCOUNT CANCELLATION
It is your responsibility to properly cancel your Account with DCR. You can cancel your Account by contacting us at https://dcrsolutions.net/contact/.
2. UPON CANCELLATION
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled.
We will not delete Content that you have contributed to other Users’ repositories or that other Users have forked.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
3. DCR MAY TERMINATE
DCR has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. DCR reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
L. COMMUNICATIONS WITH DCR
We use email and other electronic means to stay in touch with our users.
1. ELECTRONIC COMMUNICATION REQUIRED
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
2. LEGAL NOTICE TO DCR MUST BE IN WRITING
Communications made through email or DCR Support’s messaging system will not constitute legal notice to DCR or any of its officers, employees, agents or representatives in any situation where notice to DCR is required by contract or any law or regulation. Legal notice to DCR must be in writing and served on DCR’s legal agent.
3. NO PHONE SUPPORT
DCR only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
M. DISCLAIMER OF WARRANTIES
Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
DCR provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
DCR does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
N. LIMITATION OF LIABILITY
Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
O. RELEASE AND INDEMNIFICATION
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release DCR from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that DCR (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases DCR of all liability); and (3) provides to you all reasonable assistance, at your expense.
P. CHANGES TO THESE TERMS
Short version: We want our users to be informed of important changes to our terms, but some changes aren’t that important — we don’t want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
1. GOVERNING LAW
Except to the extent applicable law provides otherwise, this Agreement between you and DCR and any access to or use of the Website or the Service are governed by the laws of the Kingdom of Denmark, without regard to conflict of law provisions. You and DCR agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Copenhagen, Denmark.
DCR may assign or delegate these Terms of Service and/or the DCR Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
3. SECTION HEADINGS AND SUMMARIES
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
4. SEVERABILITY, NO WAIVER, AND SURVIVAL
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of DCR to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
5. AMENDMENTS; COMPLETE AGREEMENT
This Agreement may only be modified by a written amendment signed by an authorized representative of DCR, or by the posting by DCR of a revised version in accordance with Section R. Changes to These Terms. These Terms of Service, together with the DCR Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and DCR relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Questions about the Terms of Service? Contact us.