These Terms of Service are a contract between you (“You” or “The User”) and DBStract Technologies Inc (DBStract)., a BC company with its principle place of business at 113-437 Martin Street, Suite 182, Penticton, BC, V2A 5L1 (“DBStract”). DBStract operates www.dbstract.com (“DBStract Site”) and the form document generation, collection and storage services therein (collectively the “Service”). By using the DBStract Site and any services accessible from the DBStract Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the DBStract Site or the Service.
VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE DBSTRACT SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE DBSTRACT SITE AT YOUR OWN RISK.
One person or legal entity may not maintain more than one free Account. Accounts registered by “bots” or other automated methods are not permitted.
License Grants & Restrictions.
DBStract hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the DBStract Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the DBStract Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the DBStract Site. All rights not expressly granted to you are reserved by DBStract and its licensors. You shall not (i) modify or make derivative works based upon the DBStract Site; (ii) reverse engineer or access the DBStract Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the DBStract Site, or (c) copy any features, functions or graphics of the DBStract Site. You further acknowledge and agree that, as between the parties, DBStract owns all right, title, and interest in and to the DBStract Site, including all intellectual property rights therein.
- You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the DBStract Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
- You shall: (i) notify DBStract.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to DBStract.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
- You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the DBStract Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the DBStract Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the DBStract Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.
You shall NOT:
- upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- collect credit card information or other form of online payments;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the DBStract Site;
- upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available 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;
- use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the DBStract Site;
- reverse engineer, decompile or disassemble any of the software used to provide the DBStract Site;
- reproduce, duplicate or copy or exploit any other portion of the DBStract Site, without the express written permission of DBStract;
- interfere with or disrupt the DBStract Site, or any servers or networks connected to the DBStract Site, or disobey any requirements, procedures, policies or regulations of networks connected to the DBStract Site;
- obtain, collect, store or modify the personal information about other users;
- modify, adapt or hack the DBStract Site or falsely imply that some other site is associated with the DBStract Site or DBStract; or
- use the DBStract Site for any illegal or unauthorized purpose. You must not, in the use of the DBStract Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
In the course of using the DBStract Site, you may provide DBStract with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the DBStract Site (collectively “Feedback”). You hereby grant DBStract a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
Payment, Refunds, Upgrading and Downgrading
A valid credit card is required for paying accounts. Free accounts which provide a limited access to the Service are not required to provide a credit card number. The DBStract Site is billed in advance on a monthly basis in accordance with our pricing schedule. In order to treat everyone equally, no exceptions will be made.
You will be billed for your first month immediately upon signing up for a paying account. After signing up for a paying account and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. An upgrade from the free account to any paying account will end your free trial. You will be billed for your first month immediately upon upgrading. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged monthly the new rate.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.
DOWNGRADING YOUR DBSTRACT SITE MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. DBSTRACT DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
You agree to indemnify and hold harmless DBSTRACT, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including legal fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by DBSTRACT.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. DBSTRACT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DBSTRACT MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM DBSTRACT, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT DBSTRACT SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DBSTRACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DBSTRACT RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL DBSTRACT’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.