April 30, 2013
- User Agreement
- Place Agreement
- General Terms
1. User Agreement
1. User Registration Requirements
In order to use Dasdak, you must complete all required elements in the account registration process. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.
- 13 years old or older; and
- Capable of entering into a legally binding agreement.
You must be at least 18 years old to create a place page.
At Dasdak, we strive to maintain information security and to give users as much control as possible over how their information is viewed and used by other parties.
3. Your Account, Password, and Security
Dasdak is an account-based service. You (the individual user) are responsible for maintaining the privacy of your account and password. You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any breach of security or unauthorized use of your account. Dasdak is not liable for any loss that may occur due to the unauthorized, or authorized use of your account or password with or without your knowledge. You also agree not to use anyone else's account at any time, unless you have received direct written consent from the account holder to do so.
Dasdak will make every effort to provide appropriate security for your account information, but the security of your account is not guaranteed. If you are not comfortable with our security measures then please do not use our site. We make no guarantees of information or account security and you agree not to hold us liable for any reason related to the security of your content or information.
4. Transactions and Dasdak Service Fees
Dasdak allows users to order products, services, and deals from participating Place Pages on the Dasdak system. When a user places an order, Dasdak may charge a Dasdak Service Fee of $1, which entitles that user to place additional orders from that same Place Page for up to 5 hours after the original order without paying additional Dasdak Service Fees. Place Pages may choose to pay the Dasdak Service Fee on behalf of the user at the Place's discretion.
Dasdak also charges a Dasdak Service Fee whenever a User purchases a deal on Dasdak. Place Pages may also choose to pay this Dasdak Service Fee on behalf of the User at the Place's discretion. If the User fails to redeem the deal before it expires, then the purchase price will be credited to the User's Account.
5. Refunds and Credit Cards
The Dasdak Fee is charged to give users the ability to place unlimited orders for 2 hours. This service is rendered as soon as the original order is placed, and as a result, the Dasdak Fee is non-refundable.
All purchases and orders are performed online. Buyers are usually billed directly by Place Page owners. Dasdak shall not, in any manner, be considered the seller of the product or service. Please assume there are no refunds for purchases and orders made on Dasdak.com. Dasdak provides software to many businesses, which allows them to offer e-commerce and mobile commerce. We cannot force businesses to provide refunds. You agree to indemnify and hold Dasdak, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, damage, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Web site, including your use of this Web site to provide a link to another Web site or to upload content or other information to the Web site.
Should there be any error in your purchase or order, Dasdak will offer reasonable assistance to help you reach the Place Page owner to correct the error. However, the risk of loss and title for such items pass to you upon our delivery of your purchase or order. You must file any such claims directly with the Place Page owner.
A Place Page, at the discretion of the Place Page owner, may offer refunds for the purchase price of products, services, or deals. To learn more about the refund policy for a specific Place Page, please contact the Place Page owner directly. When doing business with a Place Page on Dasdak, you assume all risks of doing business with them. Dasdak recommends that you only do business with Place Pages that you know and trust, and that you are able to validate and confirm in person. Make sure you understand the refund policy of the Place Page where you are doing business. You agree not to hold Dasdak responsible for any non-conforming goods, service failures, and/or other refund issues.
Dasdak also allows users to pay for purchases and orders with their credit card at participating Place Pages. Dasdak does not store your credit card information. All credit card information is held by our credit card processing provider in accordance with PCI compliance regulations.
6. No Unlawful or Prohibited Use
You agree that you will NOT use Dasdak for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of Dasdak. You agree that you will not falsify any information provided to Dasdak, and that all information given to Dasdak is true and correct to the best of your knowledge. Any unauthorized attempts to gain access to the Dasdak website, other individual's accounts, or any computer systems or networks connected to Dasdak, through any means, including: hacking, password mining, or other means, is strictly prohibited. Further, you may not in any way attempt to obtain materials or information not intentionally made public/available through Dasdak.
You may NOT use Dasdak in a manner which could/may damage, disable, overburden, or impair any aspect of the Dasdak website, the network or networks connected to the Dasdak website, or interfere with any other party's ability to use or enjoy the Dasdak website.Dasdak reserves the right to investigate and take appropriate legal action against anyone who, in Dasdak's sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity to law enforcement authorities. The following are examples of the kind of activity that is illegal or prohibited on the Dasdak Website and through your use of the Dasdak Services:
- Criminal or tortuous activity, including, but not limited to, child pornography, fraud, misrepresentation, trafficking in obscene material, rug dealing, gambling, harassment, defamation, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Dasdak Services;
- Activity that involves the use of viruses, bots, worms, spyware, malware or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Dasdak Services on behalf of that person.
7. Sharing Your Content and Information
Dasdak allows you to share content and information about yourself with other Dasdak users. You own all of the content and information you post on Dasdak, and you have control over it through your privacy and access control settings. Dasdak does not claim ownership or responsibility for any of the information you provide or post on the Dasdak website. By posting or providing any files, links, or information with Dasdak you agree that you control or own the rights to said files, links, or information, and thus take sole responsibility for the content of the files, links, or information, therefore eliminating Dasdak of any responsibility for said files, links, or information. However, by providing information or files to Dasdak you grant to Dasdak, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your files or information; and to publish your name, and anyone else's name associated/connected with said documents. You (the user) will receive no compensation (payment) from Dasdak for the posting of said files or links. Dasdak reserves the right to delete or remove any files, links or information that violate law, decency, or any of the terms, conditions, notices, and policies of Dasdak.
Dasdak is not responsible for the content of the information you provide when you make a comment or review a place on Dasdak. You agree to take full responsibility for the consequences of your comments and reviews and their contents, and you agree not to hold Dasdak responsible for your comments and reviews.
For content that is covered by intellectual property rights ("IP content"), like photos and videos, you specifically give us the following permission, subject to your privacy and module settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Dasdak ("IP License"). This IP License may continue even after you delete your IP content or close your account, particularly where your content has been shared with other users.
When you delete IP content, it is deleted in a manner similar to emptying the recycling bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). Dasdak reserves the right to maintain copies of user content and information, as well as any information we collect about a user's activity on Dasdak.Dasdak prohibits the use of certain types of content on the Dasdak Website. Dasdak reserves the right to delete or remove any prohibited content. Prohibited content includes, but is not limited to, content that, in the sole discretion of Dasdak:
- Is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group, individual, or property;
- Harasses or advocates harassment of another person;
- Exploits people in a sexual or violent manner;
- Contains nudity, excessive violence, or offensive subject matter or contains a link to a website promoting such content;
- Solicits or is designed to solicit personal information from anyone under 18 years of age, or is harmful to minors in any way;
- Publicly posts information that poses or creates a privacy or security risk to any person;
- Constitutes or promotes information that you know is false, fraudulent, or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- Constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing passwords, access codes, pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices;
- Constitutes or promotes an illegal or unauthorized use of another person's trademark, trade dress, trade name, trade secret, or other proprietary right.
- Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Includes a photograph, video, or other personal or identifying information about another person that you have posted without that person's consent;
- Uses sexually suggestive imagery or any unfair, misleading or deceptive content intended to draw traffic to the profile;
- Impersonates any person or entity, including, but not limited to a Dasdak employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- Constitutes or contains "affiliate marketing," "link referral code," junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
8. Products, Services, Food, and Drinks Sold on Dasdak.com
Dasdak is a software company and does not produce any products, services, food, drinks, or any other items for sale on Dasdak.com. Therefore, Dasdak does not have any control over the products, services, food, drinks, or any other items that are offered for sale on Dasdak, or that are paid for with Dasdak Services. Dasdak will not be held liable for any damages and/or illness caused by trying, handling, and/or consuming any products, services, food, drinks, or any other items sold on Dasdak.
2. Place Agreement
1. Creating a Place
2. URL Registration
When you register a Place you must select an available Dasdak URL for your new Place page. The fee for registering a Dasdak URL is $10 per year. When it is time to renew your URL registration you may be sent a renewal reminder email in advance of the URL's expiration. If you fail to renew your URL on time, the ability to conduct commerce may be suspended. If you have not renewed your URL registration within 90 days after expiration, Dasdak may reclaim the URL and release it to another party via auction or sale.
3. Relationship with Business Owner
To conduct commerce on a Dasdak Place Page you must either be the owner of the business or you must have an agreement in place with the owner before attempting to conduct commerce. We recommend that you seek a written agreement with a business owner. You may set up a preliminary page and account for the purpose of seeking permission from the business owner, but you may not conduct commerce of any kind until an agreement is in place and has been submitted to Dasdak.
For your convenience, we may provide sample agreements on our website. These sample documents are only an example of the type of agreement that partners and business owners may reach, and do not constitute legal advice. We recommend that both partners and business owners consult their attorneys before entering such an agreement.
Dasdak is not responsible for any disputes that take place between Place page creators and business owners that are unable to reach an agreement. You (the Place page creator) recognize that a business owner may seek civil and criminal charges against you for attempting to conduct commerce on their behalf without proper consent. By creating a Place page, you (the Place page creator) agree not to defame, slander, or otherwise misrepresent the business that is represented by the Place page you create. You (the Place page creator) also recognize that a business owner may seek civil and criminal charges against you for attempting to conduct commerce on their behalf without proper consent.
Dasdak reserves the right to suspend or deactivate your Dasdak account or your Place page account if a Place Page or a page owner is reported to Dasdak, or if a business owner does not want to be represented by a particular partner or place page. Dasdak is not responsible to the place page creator for the actions of business owners, including any unexpected, unintended, or negligent actions. Dasdak is not responsible to business owners for the actions of place page creators, including any misrepresentation of the owner or the business. Business owners should exercise extreme caution and be very careful when choosing which partners to work with, and Place Page creators should make sure that business owners fully understand the relationship and the responsibilities of both parties.
4. Fake or Fraudulent Accounts
You agree that you will not create a Place Page that does not represent an actual place or business, or create a Place Page using a fake or fraudulent user account. Place Pages may not be used to launder money, commit fraud, or commit any other crime. Dasdak reserves the rights to remove, delete, or disable any place pages that are deemed fraudulent or misleading at the discretion of Dasdak, as well as any personal accounts associated with such place pages. Dasdak also reserves the right to prosecute users who violate these terms to the fullest extent of the law.
By creating a place page, you agree that Dasdak is not responsible for any civil or criminal charges that may be brought against you by other individuals or organizations as a result of creating a place page on Dasdak.
5. Unauthorized Transactions
Dasdak users and place pages that enter into transactions on Dasdak assert that each party has the legal right to enter the transaction. Dasdak is not responsible for ensuring that either party is licensed, eligible, or of age to enter into the transaction, and Dasdak does not warrant or guarantee the eligibility of any party. Verifying a customer's age or legal authorization is the responsibility of the business owner or the person who is actually delivering the product or service and Dasdak will not be held liable for any improper or unauthorized delivery of a product or service.
Dasdak is not responsible for ensuring that either party is legally authorized to enter into transactions involving regulated products or services, including, but not limited to, transactions involving: alcohol, tobacco, firearms, weapons, movies, video games, pornography, controlled substances, radioactive materials, securities, insurance products, financial instruments, financial services, legal services, medical services, or any other regulated product or service.
6. Place Page Validation
Until a Place Page is validated, transactions on that page are limited to $100 or less. This rule is intended to limit the risks associated with fraudulent activity, while still making it quick and easy to begin doing commerce on Dasdak. To conduct transactions of more than $100, a Place Page must be validated. The process for validating a place page will be explained in detail once it is available to the public.
7. Module Subscriptions
When you register a Place Page you will also have the ability to subscribe to various software modules that add functionality to your Place Page. Each subscription module has a separate monthly subscription fee (see Summary below). You may choose to subscribe for several months ahead of time at a discount. You will be sent a renewal email one week before your module subscription expires. If your subscription does expire, you may lose access to that module, but any content that you added to that module will be kept for at least 90 days. Once you have renewed your module subscription within 90 days of expiration, your access to that module will be restored and your content will remain intact. If you fail to renew your module subscription within 90 days of expiration then we can no longer guarantee that your module information will still be available.
Dasdak may provide a free trial period for some or all of these modules, but at the end of the trial period the place page or page owner will be responsible for renewing the subscription at the then current monthly charge (see Fee Summary below).
If you choose to subscribe to a module your subscription will only be active for the period that your URL registration is active. If you renew your URL registration then your subscriptions will become active again, but you cannot access the subscription modules if your URL registration is not renewed. Dasdak will not refund any module subscription payments that have been paid for a place page whose registration has expired.
8. Braintree Payment Processing Services
Dasdak uses Braintree Payment Solutions LLC (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at http://www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Dasdak is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank and the three parties to the MSA and that Dasdak has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Dasdak at email@example.com.
9. Dasdak Fees for Transactions, URLs, Subscription Modules, and Other ServicesSummary of Fees and Revenue Sharing:
|Category||Type of Fee||Amount of Fee||Paid By||% to Partner|
|Purchases:||Order Processing||$1 for 5 hours||Customer or Place||50% of fee|
|Deals||$1 per deal||Place||50% of fee|
|Subscriptions:||Place Page URL||$10 per URL per year||Place Page Owner||N/A|
|Employee/Hiring Module||$10 per month||Place Page Owner||N/A|
|Galileo Module||$20 per month||Place Page Owner||N/A|
When a user places an order for a product or service at a place page on Dasdak, Dasdak charges a $1 Dasdak Service Fee for that transaction. This initial $1 fee enables the user to make additional transactions at the same place page without paying additional Dasdak Transaction fees for up to two hours from the time of the first purchase. The Place page may choose to pay this fee for the customer if they prefer not to pass the cost on to the customer. If the Place Page is owned by a licensed Dasdak Partner, then that partner will receive 50 cents ($0.50) for each transaction that is made on a page that partner owns. When a place page order refunds an order, only the purchase price will be refunded and not the $1 Dasdak fee. As a result, the user will still be able to make additional orders at the same place page for up to 5 hours after the original order was made.b. Deals
There is no cost to post a deal on Dasdak. When a user purchases a deal on Dasdak, Dasdak collects the price of the deal, plus a $1 Dasdak fee. Whenever these fees are paid, 50% of the fee will go to the Partner that controls the Place Page that hosted the deal, while the remaining 50% will go to Dasdak. Place Pages that offer Deals for purchase may also choose to pay the $1 Dasdak Service Fee on behalf of the user. If the Place page does pay the Service Fee on behalf of the user and the user fails to redeem the deal, then the Place page will still be responsible for that Service Fee.c. Module Subscription Refunds
Dasdak services will be charged to your credit card. When you register a Dasdak Place Page URL you will have seven (7) days from the date of registration to close your account for a full refund. After creating a Dasdak Place Page you will automatically begin a three-month free trial period for several Dasdak Subscription Modules. If you are not happy with the subscription modules then simply let them expire after three months. At the end of the module free trial period you may subscribe to each module on a monthly basis. These monthly subscription payments are final and non-refundable, even if your page is later deactivated by Dasdak.d. Dasdak Fees for Cash Payments
If a Place Page chooses to allow Users to order products or services to be paid for in cash at a physical location, then Dasdak will charge any applicable Dasdak Service Fees to the Place Page. These fees will be charged to a credit card on the Place Page's Account on a daily, weekly, or monthly basis depending on the volume of business the particular Place Page conducts.e. Place Page Merchant Account Details
If a Place Page wishes to accept credit card payments directly to their bank account, then they must work with Dasdak and our partners to create their own merchant account through our payments gateway. To learn more about this option, please contact us at: firstname.lastname@example.org.
10.Place Page Modules
All information provided on the Dasdak place page must be truthful and accurate. Dasdak is not responsible for any inaccurate or misleading information, descriptions, or pictures that are included in the place profile. Any content or information provided in the place profile is a representation of the place page creator, and does not reflect the views, opinions, or understanding of Dasdak.b. Place Accounts and Funds
Each Dasdak place page also has an associated Dasdak Account balance. This Dasdak Account balance will be credited whenever the place receives funds via sale or transfer. Funds will be subtracted from the Place Page account balance whenever the place withdraws funds, issues a refund, or purchases or renews a URL or subscription module using the Place Page's account. Dasdak is not responsible for any voids or comps.c. Galileo
Dasdak allows you to share files, images, and videos with private groups or with all Dasdak users by using the Galileo software module. By adding content to the Galileo software module, you assert that you have the right to use, upload, and share that content. To share a Youtube video on Dasdak you must also agree to Youtube's Terms of Service (http://www.youtube.com/t/terms).
Each Place page is limited to 1GB of storage within the Galileo software module. This limit is subject to change at any time. If the Galileo storage limit is reached, then the ability to upload files may be disabled until your account is under the limit.
Dasdak does not claim ownership or responsibility for any of the materials provided or posted in the Galileo module on the Dasdak website, including but not limited to any files or links that are: posted, imputed, uploaded, added, submitted, or shared. However, by submitting files or links to Dasdak you grant to Dasdak, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your files or links; and to publish your name, and anyone else's name associated/connected with said documents. You (the user) will receive no compensation (payment) from Dasdak for the posting of said files or links. Dasdak has no obligation to post or use any files or links you provide, and has the right to remove any files or links at our discretion. By posting or providing any files, links, or information with Dasdak you agree that you control or own the rights to said files, links, or information, and thus take sole responsibility for the content of the files, therefore eliminating Dasdak of any responsibility for said files.d. Reviews and Ratings
Dasdak allows users who spend at least $20 at a place to write a review of the place and rate their experience. Place page owners have the ability to respond to user reviews, but places may not have the ability to censor or delete user reviews. Owners, employees, and partners may not submit reviews of their own place unless they have actually conducted a transaction with the place as an independent customer and the review they submit is truthful and accurate to the best of their knowledge.
Place page owners or employees may respond to a customer review to attempt to explain what happened or to reassure the customer that their experience was not typical. If this response is effective in changing the reviewer's assessment of the place, then the reviewer may change their review. However, customer reviews may only be improved or revised upward, and may not be downgraded as a result of the place representative's attempt to reassure the customer.e. Reports
Dasdak may allow a Place to generate various reports about operations. These reports are offered as a convenience and Dasdak is not responsible for any errors, omissions, or misunderstandings that result from any use of or reliance on these reports, regardless of whether they result from user error or software malfunction.f. Access Controls
Each Place Page contains an access control module, which allows the Place Page creator to control which employees have access to various portions of the Place Page account. Dasdak is not responsible for the actions of employees that are given access to the various features and modules of the place page.g. Notifications and Settings
Dasdak allows Place Page owners and employees to receive notifications related to the business. These notifications are offered as a convenience to Dasdak users. Dasdak is not responsible for any errors, omissions, or misunderstandings related to Dasdak Notifications.
Dasdak also allows users to receive Dasdak Notifications via text (SMS) or email. SMS messages will be subject to normal rates and fees, so please consult your mobile service provider before opting into our SMS notification options.h. Employee/Hiring Module
The Employee/Hiring Module is offered as an optional part of the Dasdak Services. It allows you to add ("hire") new me"mbers ("employees") to your business and control their access to other areas of the Place Page. Despite the terminology of "hiring" and "employee", these Dasdak Services do NOT establish or sever any formal employment relationship and Dasdak is not responsible for any disputes relating to any employment relationship or any other type of contractual relationship. Users who "apply" for a "job" on Dasdak are merely applying for employee access to that Dasdak Place Page.i. Employee Scheduling
The Dasdak Employee Scheduling module allows Place Page owners and managers to schedule employees for shifts and also allows employees to request leave and trade shifts with other employees. Dasdak is not responsible for any errors or misunderstandings that result from the use of the scheduling module. It is the responsibility of each owner and employee to ensure that employees know when they are scheduled to work.j. Inventory
The Dasdak Inventory module allows the place to log inventory levels, create inventory reports, and order additional inventory from other vendors and suppliers. Dasdak is not responsible for any errors, omissions, or misunderstandings that result from problems with this module or its use.k. Table Management
The Dasdak Table Management module allows the place to manage reservations, waiting lists, walk-ins, and table assignments. The Table Management module also allows the place to seat parties, notify users that their table is ready, and keep track of where each customer is seated. It is the responsibility of the place page owners and employees to make sure that information entered into the table management module accurately reflects the timing, location, and identity of the employees and customers in the actual place area. Dasdak is not responsible for any errors, omissions, or misunderstandings that result from the use of the table management module.l. Deals, Events, Bulletins, Photos, Etc.
The Dasdak Deals, Events, and Bulletins modules allow a place to advertise deals, events and bulletins on their Dasdak page and also allow users to share those deals, events, and bulletins with their friends and watchers. Dasdak is not responsible for the content, pricing, or time period of any deal, event, or bulletin that is posted on Dasdak using these modules or any other method.m. Product Menu and Order Processing
The Dasdak Product Menu and Order Processing modules allow a Dasdak Place page to create and display a product menu and process customer orders through their Dasdak place page. Dasdak is not responsible for the content, pricing, or availability of any product that is displayed in the menu or processed through the Order Processing module.
11. Refund Policy
The following will be displayed in the "Refund Policy" tab in the "Help/Refund" screen of your place page.
[Your Place Page Name] Refund Policy
We are serious about customer satisfaction. If there are any problems with your purchase, service, or an incorrect charge on your credit card, call us at [your business phone number] during business hours or email [your business email].
Credits and/or adjustments can take up to 7–10 days to appear in your statement or bank account.
- Provide an accurate phone number (with voicemail capability) that your business can be reached during business hours. You must return all phone calls and messages within 5 business days to address customer issues.
- Provide an accurate email address for your business where customers can communicate with your company in a timely manner. You must return all emails within 5 business days to address customer issues.
- If you change your phone number and/or email address for your business, you must immediately update your Place Page profile in the "Contacts" tab with the new phone number and/or email address.
- You must be accessible and provide good customer service.
- You must accurately represent your product and/or service on your Place Page.
- You must provide reasonable refunds and/or compensation for errors and/or incorrect charges.
If a Place Page does not follow all of the above requirements and/or we repeatedly receive customer complaints about the Place Page, Dasdak may, with or without cause, shut down the Place Page.
If your Place Page is shut down, or is unavailable for any reason including but not exclusive to scheduled or unscheduled website down time, you agree to indemnify and hold Dasdak, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, damage, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of unavailability of your Place Page or your use of this Web site, including your use of this Web site to provide a link to another Web site or to upload content or other information to the Web site.
3. General Terms
1. Software Malfunction or Website Interruption
Dasdak will make its best efforts to maintain its products and services as operational at all times. We are not liable for any known or unknown interruptions in our products, the website, or its services. You agree to defend, indemnify, and hold harmless Dasdak, its employees, directors, shareholders, members, officers, agents, partners, parents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities, and expenses (including reasonable attorney's fees) related to or arising out of any software malfunctions or website service interruption, including without limitation claims made by third parties related to your use of Dasdak.
Dasdak is not liable for disruptions caused by Acts of God (including fire, flood, earthquake, storm, hurricane, volcanic eruption, or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, terrorist activities, nationalization, government sanction, labor dispute, strike, lockout or interruption or failure of electricity, telephone, or internet service.
Dasdak reserves the right to make changes to the Dasdak Services, which may cause a disruption to services previously available on the Dasdak Website. Dasdak is not liable for such disruptions, and Dasdak is not required to notify users or businesses of these changes before they occur.
Dasdak may provide a dispute center as a convenience to help control the dispute process, but we recommend that users, place page owners, business owners, and employees attempt to contact each other directly and resolve potential disputes amicably before resorting to the formal dispute process.
All Dasdak Users and Place Page Creators are solely responsible for their interactions with Dasdak users, places, businesses, business owners, employees, third party developers, or any other parties with whom they interact through the Dasdak Services. By creating a Place Page you agree to participate in the Dasdak dispute resolution system to resolve any disputes that customers or suppliers may have. In the case of a dispute, Dasdak reserves the right, but has no obligation, to become involved in any way to help resolve the dispute, including but not limited to suspending or deactivating your user account or your place page account or suspending transactions. If Dasdak decides to become involved in a dispute and renders a decision, then that decision is final and you agree to comply with that decision.
3. Reporting Users or Place Pages
Any user may report any other user or place page to Dasdak if the reporting user believes that the user or place page should be brought to Dasdak's attention. Dasdak does not guarantee that reporting a user or place page will lead to any action by Dasdak. However, whenever a user or place page is reported, Dasdak reserves the right to review that user or place page's account information to investigate the report and take any action necessary to resolve the problem, including, but not limited to suspending or deactivating the offending user account or place page account.
4. Intellectual Property Infringement
Dasdak is not responsible for any content posted by our users, but we do respect the rights of Intellectual Property owners who feel that their Intellectual Property is being infringed.If you feel that your Intellectual Property is being infringed on Dasdak, please provide the following information to email@example.com:
- Identify the material on Dasdak that you claim is infringing, with enough detail so that we can locate it on the website;
- Identify the intellectual property that you claim is being infringed and provide a statement by you declaring under penalty of perjury that you are the owner of the intellectual property involved or that you are authorized to act on behalf of that owner;
- 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;
- Your address, telephone number, and email address;
- Your physical or electronic signature.
Dasdak will review your submission and remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA) or other applicable law.
Dasdak may allow you to receive notifications and other messages using SMS on your mobile device. SMS functionality is optional and is provided as an additional feature of the Dasdak service. Please be aware that you may incur additional charges from your mobile service provider. Dasdak is NOT responsible for these charges. Dasdak is NOT responsible for any errors or delays with SMS messaging, nor is Dasdak responsible for missed, deleted, or late received messages. Dasdak is also not responsible for any text messages that represent that they are from Dasdak, but are not in fact generated by the Dasdak system.
You can control whether or not you receive text messages, and what events trigger a text message notification by updating your Notification settings in the settings area under MyDasdak, and also in the settings area under each Job and Place that you are affiliated with.
By registering with Dasdak, you give Dasdak permission to contact you via Email at the supplied address. Dasdak also allows you to receive notifications and other messages using Email on your computer or mobile device. This Email notification functionality is optional and is provided as an additional feature of the Dasdak service. Dasdak is NOT responsible for any errors or delays with Email messaging, nor is Dasdak responsible for missed, deleted, or late received messages. Dasdak is also not responsible for any email messages that represent that they are from Dasdak, but are not in fact generated by the Dasdak system.
You can control whether or not you receive email messages, and what events trigger an email message notification by updating your Notification settings in the settings area under MyDasdak, and also in the settings area under each Job and Place that you are affiliated with.
Place Pages, Partners, and Users are all responsible for paying any applicable local, state or federal taxes, including but not limited to any sales, income, or other tax.
8. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, THE DASDAK SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
9. NO WARRANTY
DASDAK, OUR PARENT, EMPLOYEES, PARTNERS AND OUR SUPPLIERS PROVIDE THE DASDAK SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. DASDAK, OUR PARENT, EMPLOYEES, PARTNERS AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Dasdak does not have any control over the products or services that are paid for with the Dasdak Services and Dasdak cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. Dasdak does not guarantee continuous, uninterrupted or secure access to any part of the Dasdak Services, and operation of our site may be interfered with by numerous factors outside of our control. Dasdak will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Dasdak makes no representations or warranties regarding the amount of time needed to complete processing because the Dasdak Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
Dasdak may terminate your access to all or any part of the Dasdak Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to close your account voluntarily, you may do so by following the instructions on the site.You may not close your account if:
- You have a negative balance or owe money;
- You have a positive balance in your account that has not been transferred or withdrawn;
- You have a pending dispute against your account.
11. Jurisdiction and Governing Law
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and d) neither party has a conflict of interest, close personal relationship, or significant economic relationship (excluding relationships directly related to the arbitration process) with the arbitrator or ADR provider.
- By "Dasdak," "Dasdak Services," "Company" or "Dasdak Website" we mean the features and services we make available through our website at www.dasdak.com and any other Dasdak branded or co-branded websites (including sub-domains, mobile versions, testing versions, development versions, and international versions).
- By "us," "we" and "our" we mean Dasdak Inc.
- By "information" we mean facts and other information about you, including any actions you take on or off of Dasdak.
- By "content" we mean anything you post, upload, submit, or share on Dasdak that would not be included in the definition of "information."
- By "post" we mean post on Dasdak or other wise make available to us (such as by giving us access to information and content from another website or account that you control).
- By "commerce" we mean putting products or services up for sale on a Dasdak Business page, or attempting to receive funds by any means on behalf of a business via the Dasdak Services. This includes transactions, order processing, deals, social networking revenue, and advertising revenue.
- By "IP Content" we mean any content, link, or file that is covered by intellectual property rights, such as copyright, trademark, patent, trade secret, or any other form of legal protection.
- By "Parent" we mean any person or entity that owns, is associated with, or controls Dasdak or its employees or partners.
- By "Partner" we mean the place page creator. A partner is considered an independent contractor who creates, maintains, and supports a place page.
If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision, which shall remain in full force and effect.
15. Complete Agreement
16. Contact Information
If you have any questions or concerns regarding these terms, you should email us at firstname.lastname@example.org.
We appreciate your feedback and suggestions about Dasdak, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).