Welcome to the website (the "Site") and mobile application service (the "Service" owned operated, or licensed, by DubMeNow Inc.. Please read the following Terms of Use carefully before using this Site or downloading any of our products, so that you are aware of your legal rights and obligations with respect to DubMeNow Inc., its affiliates and subsidiaries (individually and collectively, "Dub", "we", or "us").
By using DUB, you signify your irrevocable acceptance of these Terms of Use. DUB has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of DUB shall be deemed irrevocable acceptance of those revisions.
We reserve the right to change, modify, suspend or discontinue any portion of DUB at any time. We may also impose limits on certain features or restrict your access to parts or the entire website and mobile application without notice or liability.
Your privacy is very important to us at DUB. To better protect your rights we have provided the DUB Privacy Statement to explain our privacy practices in detail available here.
The DUB mobile application, sometimes referred to as (the "Mobile Application") and accompanying documentation that are made available by download from this website or via mobile device are the copyrighted work of DUB. Use of the Mobile Application is governed by the terms of the end user license agreement that accompanies or is included with such Mobile Application and is also referenced on this Site. You will not be able to download or install any mobile application available from DUB that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Mobile Application. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Mobile Application available on DUB.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND DUB, THE MATERIALS, SERVICE, TECHNOLOGY, AND INFORMATION ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE, QUIET ENJOYMENT OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DUB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THIS SITE OR THE SERVER THAT MAKES SUCH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICE, THE MATERIALS, TECHNOLOGY OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DUB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THE DUB SITE, WE INCLUDE LINKS TO OTHER WEB SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT DUB HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEB SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DUB BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, DUB, OR ANY OTHER WEBSITE, EVEN IF DUB OR A DUB AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM DUB OR FROM OR THROUGH DUB SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. IN NO EVENT SHALL DUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED TEN DOLLARS (US$10.00).
The license for use of the Site is effective until terminated. You may terminate it at any time by removing the Mobile Application from your device, together with all copies thereof as provided for in the end user license agreement applicable to such Mobile Application. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by DUB to effect such termination. Upon termination of this Terms of Use, you agree to remove the Mobile Application from your device with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to DUB at your expense.
DUB may provide links to other sites that we feel are relevant and interesting to our users ("Link Sites"). DUB is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
Please exercise respect when participating in any of DUB's community features such as forums, blogs, email functions, etc. and when using chat, voice, video, file transfer or any other feature of the DUB Mobile Application ("User Materials"). You may not submit or publish through DUB any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or any User Material that would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through DUB that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials, though we reserve the right to remove any content in our sole discretion.
Notwithstanding any rights or obligations governed by any Additional Terms (as defined below), if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant DUB a non-exclusive, royalty-free, perpetual, irrevocable license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for DUB, DUB and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called "moral rights" in and to the User Materials.
Certain parts of DUB may ask for written suggestions or problem reports such as using our feedback form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, the DUB Terms of Use shall govern your legal rights with respect to those Submissions.
The Submissions shall be deemed the property of DUB. DUB shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to DUB will not be treated as confidential and DUB shall not be liable for any disclosure of the Submissions.
DUB does not warrant that the functions contained in the Service provided by Dub will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each patron of the Service will select a password ("Password") and an optional DUB ID ("DUB ID"). You shall provide DUB with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. You may not (i) select or use a DUB ID of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a DUB ID that DUB, in its sole discretion, deems inappropriate or offensive.
You shall notify DUB of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at DUB's sole discretion, and you may be reported to appropriate
DUB will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify DUB.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to DUB's designated agent as set forth below, and must include substantially all of the following:
For notice of claims of copyright infringement, DUB can be reached by the following [insert full contact details including address and email.]
This Site is controlled and operated by DUB. DUB makes no representation that materials in DUB are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to indemnify and hold DUB, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through DUB, your use of the Site, Service or Mobile Application, your connection to DUB, your violation of the Terms of Use, or your violation of any rights of another person or entity.
By accessing this Site, you and DUB agree that all matters relating to your access to, or use of, this website shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. All disputes arising from or related to these Terms of Use shall be brought in the state and federal courts located in Fairfax County, Virginia.
DUB, DubMeNow, the DUB logo and the DubMeNow logo and other marks indicated on our Site and within the Mobile Application are trademarks of DubMeNow Inc. or other related companies. DUB is registered in the United States Patent and Trademark Office.
Registrations have been filed in several other countries. DUB's trademarks and trade dress may not be used in connection with any product or service that is not DUB's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DUB. All other trademarks not owned by DUB or any of its related companies that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DUB.
All content and compilations of content included on DUB's Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and mobile applications, are the property of DUB Limited and is protected by United States and international copyright laws.
If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on DUB, please contact us at: info@dubmenow.com.
Last revised September 28, 2008. © 2008 DubMeNow Inc. – All Rights Reserved.