TERMS AND CONDITIONS
Last Updated on February 19, 2021
1. Acceptance of Terms and Conditions.
THESE TERMS AND CONDITIONS (“AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AS THE USER OF THE WEBSITE (“YOU”) AND GOLDEN BAY CAPITAL, LLC DBA DYNAMICO.SPACE (“WE”, “US”, OR “COMPANY”), THE OWNER AND OPERATOR OF THE https://dynamico.space/ (THE “WEBSITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE, AND TO THE EXTENT APPLICABLE, SUBJECT TO ANY MEMBER AGREEMENT (AS DEFINED HEREIN). BY ACCESSING AND USING THE WEBSITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED, AND YOU MUST NOT, ACCESS OR USE THIS WEBSITE.
3. Content; Use of Website; Restrictions on Use.
All information, content, text, words, images, logos, graphics, interfaces, audio, video sounds, and any other material displayed on the Website (“Content”), to the extent proprietary or confidential in nature, is the property of Company. Although Company has no obligation to screen, edit or monitor any of the Content posted to or distributed through the Website, Company reserves the right, and has absolute discretion, to remove, screen or edit, with or without notice, any Content posted or stored on the Website, at any time and for any reason.
3.2 Use of Website
Subject to your compliance with this Agreement, the Company hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Website and Content. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Website and Content automatically terminates without notice to you.
You acknowledge and agree to grant and hereby grant the: (a) Company, its affiliates and the entity about which the Content is written a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, delete, edit, create derivative works of and publicly display such Content throughout the universe in any media, now known or hereafter devised; (b) Company, its affiliates and sublicensees the right to display the name, title and company name associated with the account of the user that submitted such Content if such user has agreed to display such information publicly and, in instances when such user has not agreed to display such information publicly, grant Company, its affiliates and sublicensees the right to display the first name associated with the account of the user that submitted such Content; (c) Company, its affiliates and sublicensees the right to reject or refuse to post Content; and (d) Company, its affiliates and sublicensees the right to contact you or any Content authors via email or telephone. You also represent and warrant to Company that you own or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Website; such Content is accurate and not misleading; and use and posting or other transmission of such Content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity.
3.3 Restrictions on Use
You hereby represent and warrant that you will not, and will not induce any third-party to: (a) attempt to disable or circumvent any security mechanisms used by the Website or Content or otherwise attempt to gain unauthorized access to any portion of the Website or Content or any other systems or networks connected to the Website, or to any server of Company or its third-party service providers, by hacking, password “mining,” or any other illegal means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Website or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Website or with any other person’s use of the Website; (d) track or seek to trace any information on any other person who visits the Website; use the Website or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; (e) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Website or Content or that is otherwise applicable to the Website or the Content; (f) remove, obscure or alter any legal notices, including without limitation notices of intellectual property rights appearing in or on the Company’s proprietary information or any materials delivered to you by Company; or (g) reproduce, distribute, display, modify or make derivative uses of the Company’s proprietary information or the Content, or any portion thereof (except for any Content for which you have been given written permission), except as expressly provided herein.
4. Intellectual Property.
4.1 Intellectual Property Rights
You hereby acknowledge and agree that the Company or its licensors own or control all legal right, title and interest in and to the Content and the Website, including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and proprietary rights therein, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Your use of the Website does not grant you ownership of any kind in any Content, and you may access on or through this Website. Unauthorized use is strictly prohibited.
5. Reliance on Information Posted.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third-parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties.
6. Accounts and Payment.
Presently, all payments will be made through PayPal (“Third Party Payment Provider”). For the purpose of process of payment, you will provide Third Party Payment Provider their valid credit, debit card information or other information as Third Party Payment Provider may request. The Company reserves the right (but not the obligation) upon notice of any potential fraud, unauthorized charges or other misuse of the Website, to place on hold any payment or refunds or arrange for Third Party Payment Provider to do so.
You will also be responsible for paying any taxes and handling fees that may apply to any purchase and you authorize the Company or any Third-Party Payment Provider that Company engages to charge you for any such taxes and fees.
7. Third-Party Websites; Indemnification.
7.1 Third-Party Websites
You hereby agree to defend, indemnify, and hold Company Parties (as defined herein) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorney’s fees and costs) arising from:
- your use of the Website or any content you submit through the Website;
- a breach of this Agreement by you, your employees or agents;
- a breach of any applicable law by you, your employees or agents; and
- any action against Company by a third-party as a consequence of any of the above.
8. Disclaimer of Warranties.
We cannot and does not represent or warrant that the Website or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE WEBSITE, CONTENT, AND ANY PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. COMPANY, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MANAGERS, OFFICERS, MEMBERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE “COMPANY PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT, OR PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE WEBSITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE WEBSITE, CONTENT OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, CONTENT OR PRODUCTS.
9. Limitation of Liability.
IN NO EVENT SHALL ANY COMPANY PARTIES BE LIABLE TO YOU, OR ANY THIRD-PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR CONTENT OR LOSS OF THE USE OF THE PRODUCTS OR CONTENT, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY MISTAKES, CONSUMER ALERTS, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY IN ANY CONTENT, NOR SHALL COMPANY PARTIES BE LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR ANY OTHER INFORMATION OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE OR OTHER INTERACTIVE AREA, WHETHER OR NOT PART OF THE WEBSITE.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY COMPANY PARTIES’ LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH COMPANY PARTIES LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Digital Millennium Copyright Act.
If you believe that any content available by means of the Website infringes one or more of your copyrights, or your intellectual property rights have been otherwise violated, you must notify us by providing a written email notice to [email protected] (“Notice”). Additionally, you must provide us with the following information in the Notice: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the material on the Website that you claim is infringing, with enough detail so that We may locate it; (c) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) a statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner or licensee of the copyright interest involved or that you are authorized to act on behalf of that owner; (e) your address, telephone number, and email address; and (f) the physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest. Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (“DMCA“) (including without limitation the counter-notice and put-back procedures). If an infringement Notice is valid, we will take reasonable steps to comply with the DMCA and resolve the issues detailed in any Notice.
Termination described in this section shall apply to any and all types of accounts. You may terminate your account in accordance with and subject to your applicable Member Agreement. Upon termination of your account, your license to use the Website and any Company proprietary information, or any portion thereof, will terminate simultaneously. Notwithstanding any provision of this Agreement, if you fail to strictly comply with this Agreement, Company reserves the right, in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Website and the other Company proprietary information, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Website or the other Company proprietary information; and (c) change, suspend or discontinue any aspect of the Website or the other Company proprietary information. In addition, your license shall terminate immediately, without notice, if you fail to strictly comply with this Agreement.
Upon any termination of your license, you will discontinue use of the Website and any Company proprietary information and, if applicable, delete all copies of the Company proprietary information from your browser, web servers, servers and any other location where Company proprietary information has been saved. Upon termination of your license, you will no longer have access to the Website or any of the Content contained therein. You understand and acknowledge that, unless and until the Company intellectual property is deleted from your servers, web servers, web sites, and browser, this Agreement remain in effect. The following sections of the Agreement will survive termination of your license: Section 2, Section 3, Section 4, Section 5, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, and Section 13.
12. Choice of Law; Dispute Resolution; Class Action Waiver.
12.1 Choice of Law
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California without regards to its conflicts of laws principles.
12.2 Dispute Resolution/Acknowledgment of, and Agreement to, Arbitration
Except as prohibited by law, any dispute or controversy regarding the enforcement or interpretation of this Agreement will be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures in Santa Mateo County, California. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of the parties to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION OF ANY COURT OR JAMS TRIBUNAL IN SAN MATEO COUNTY, CALIFORNIA REGARDING ANY DISPUTE OR CONTROVERSY REGARDING THE ENFORCEMENT OR INTERPRETATION OF THIS AGREEMENT.
12.3 Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither you nor Company has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
13. General Terms.
13.1 Entire Agreement
This Agreement, as may be amended from time to time, and any other Member, Agreement, terms or privacy policies referenced herein, is the entire agreement between you and the Company and supersedes any prior agreement or understanding regarding anything connected to that subject matter. In the event of any conflict between these Terms and your Member Agreement, the Member Agreement shall control.
13.2 Amendment; Modification
Company may add to, change or remove any part of the Website, including, without limitation, any Content, at any time without prior notice to you. We also reserve the right to modify or otherwise amend this Agreement at any time. When We make changes to the Agreement, We will revise the “Last updated” date at the top of the Agreement and We will notify you of the changes by prominently posting a notice of such changes on the Website and/or by sending you an email. We encourage you to review this Agreement whenever you visit the Website. By continuing to access and use the Website after any such changes have been posted, you are indicating your acceptance of such changes, even if you have not reviewed the changes.
13.3 Electronic Communications
Whenever you visit our Website or send emails to the Company, you are communicating with Company electronically. For that reason, you also consent to receive communications from the Company electronically. We will communicate with you by email (if you have provided your email address to Company), by posting notices on our Website or by such other means as We may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.
Company’s failure to exercise, partially exercise or delay in exercising any right or remedy under this Agreement shall not operate as a waiver or estoppel of any right, remedy or condition.
If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
You may not assign or otherwise transfer your rights, or delegate your performance, under this Agreement to a third-party without Company’s prior written consent. Any unauthorized transfer shall be void. Company may assign or transfer its rights or delegate any performance under this Agreement to any third-party in its sole discretion.
13.7 Comments and Concerns
The Website is operated by Company. Any feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].