Terms of service

Introduction

By accessing or using the Dingotalk.com and/or content made available by Dingotalk.com (“the Service”, “the Website”, “we”, and “us”), you agree to these Terms.

By registering for the Service you affirm that you are (i) 18 years of age or the applicable age of majority or older in your province, territory, or country, or (ii) an emancipated minor. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them.

If you register and subscribe, you agree to: (a) provide accurate and current information as prompted by the registration form; (b) maintain and update such information so that it is accurate and current at all times; (c) not share your password or unique ID or let anyone else access your account other than in those situations permitted under these Terms, or do anything else that might jeopardize the security of your account; (d) not use a username with the intent to impersonate another person or in a manner that infringes another person’s rights; (e) not use a username that is obscene or vulgar; and (f) immediately notify us of any unauthorized use of your password or any other breach of security related to the Service. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.

1.  Intellectual Property Rights

You are granted limited license only for purposes of viewing the material contained on this Website.

2.  Restrictions

You are specifically restricted from all of the following:

  1. publishing any Website material in any other media;
  2. selling, sublicensing and/or otherwise commercializing any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is or may be damaging to this Website;
  5. using this Website in any way that impacts user access to this Website;
  6. using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  8. use this Website to violate any local, state, national, or international law or regulation;
  9. use this Website to transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  10. use this Website to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  11. use this Website to knowingly transmit any material that contains adware, malware, spyware, 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;
  12. use this Website to breach or circumvent any security or authentication measures (including geo-restriction measures);
  13. use this Website to attempt to decompile or reverse engineer any software contained on the Service;
  14. use this Website to stalk, harass, or harm another individual;
  15. use this Website to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  16. use this Website to 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; or
  17. use this Website to rent or lease your account. You also agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Service servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.

Certain areas of this Website are restricted from being access by you and we may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

3.  Subscription

The service is available to those who pay for a subscription plan (each, a “Subscription Member”). Any payment terms displayed to you in the process of becoming a Subscription Member are deemed part of these Terms.

4.  Your Content

“Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant to us a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. We reserve the right to remove any of Your Content from this Website at any time without notice.

5.  Licence

We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Service solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of the Service. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached content to any other device.

6.  Your Privacy

Please read Privacy Policy.

7.  No warranties

This Website is provided “as is,” with all faults, and we express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the Service or the content of any websites linked to the Service and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service or the Content on the Service; (iii) any unauthorized access to or use of our secure servers and/ or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through the Service.

8.  Content Availability

The Service provides its users with access to books streamed through the Internet to certain devices. The availability of these books and other Content may change from time to time, and from geographic territory to territory, for a number of reasons. We do not guarantee that any Content will be available or remain available on the Service (including during any subscription period for a Subscription Member).

Mobile Networks. If you access the Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Service features may be prohibited or restricted by your network provider and not all Service features may work with your network provider or device.

9.  Limitation of liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DINGOTALK OR ITS OWNERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SERVICE.

10.              Indemnification

You hereby indemnify to the fullest extent dingotalk.com from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

11.             Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

12.             Variation of Terms

We are permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

13.             Assignment

The DT is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

14.             Entire Agreement

These Terms constitute the entire agreement between us and you in relation to your use of this Website, and supersede all prior agreements and understandings. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. These Terms are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate our rights and obligations under these Terms without consent from you. The section and subsection headings in these Terms are for convenience only and shall not affect their interpretation. Unless otherwise specified in these Terms, all notices must be in writing and will be treated as given on receipt, as verified by written automated receipt or by electronic logs (as applicable). The email address for notices being sent to the admin@dingotalk.com

15.             Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of NSW, Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Australia for the resolution of any disputes.

16.             Communication

By using the Service, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).

17.             Termination

Your right to use the Service automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Service. We reserve the right, in our sole discretion, to terminate your access to all or part of Service, for any reason, with or without notice.

(212) 862-3680 admin@dingotalk.com

Contact Us:
admin@dingotalk.com
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