These terms of service (Terms) cover your use and access to our services, client software and websites (Services). Your agreement is with DWALL ONLINE Inc. By using our Services, you agree to be bound by these Terms. If you are using our Services for an organization, you agree to these Terms on behalf of the organization.
To use our services you provide us with your files, media content, locations, contacts, etc. (User Data). User Data is yours. These Terms do not give us any rights to User Data except the limited rights that enable us to offer the Services.
Your permission is required to host User Data, back it up, and deliver the User Data to your devices connected to our service when you direct us to do so. Our Services also provide you with photo thumbnails, video preview, text information, audio records, easy sorting, editing, broadcasting and searching. These and other features may require our systems to access, store and scan the User Data. You give us permission to perform above mentioned activities and this permission extends to our affiliates and trusted third parties we work with.
Our Services let you broadcast Your Media Content to your devices connected to our service, so please think carefully about what you broadcasting.
You are responsible for your conduct. User Data and you must comply with the copyrights of the content owners. Content in the Services may be protected by others' intellectual property rights. Do not copy, upload or broadcast content unless you have the right to do so.
We may review at our discretion your conduct and content for compliance with the Terms, however we have no obligation to do so. We are not responsible for the content users upload and broadcast via the Services.
Help us keep you informed and User Data protected. Safeguard your password to the Services, and keep your account information current. Do not share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations.
Some of our Services allow you to download client software (Software) which may update automatically. As long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to use the Services. Any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so or assist anyone in doing so.
Periodically, we release products and features that are still in testing and evaluating phase. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as DWALL.ONLINE other services.
The Services are protected by Copyright and various Canadian and International laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, DWALL.ONLINE logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Contact our designated agent for notice of alleged copyright infringement on the Services at: email@example.com
No Refunds. You may cancel your DWALL.ONLINE service (subscription) at any time, however refunds are only issued where required by law.
Downgrades. You can decrease number of devices you are using. Your bill will be automatically adjusted in the following billing cycle. Your Account will remain active until it's cancelled or terminated under these Terms. If you do not pay for your Account on time, we reserve the right to suspend it or limit access to the service.
You're free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
a. you're in breach of these Terms,
b. you're using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
c. you have not paid for service by due date stated in the invoice.
We'll provide you with 30 calendar days notice via the email to the address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to renew our Services. If after such notice you fail to bring account to the good standing we will suspend your access to the Services and delete all media content, device profiles and the account.
Notice will not be provided prior to suspension:
a. you're in material breach of these Terms,
b. The way you are using the Service would cause us legal liability or compromise our ability to provide the Services to our other users, or
c. we're prohibited from doing so by law.
We may decide to discontinue the Services in response to unforeseen circumstances beyond DWALL ONLINE Inc. control or to comply with a legal requirement. If we do so, we'll give you reasonable prior notice so you can take reasonable action. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we'll refund the portion of the fees you have pre-paid but haven't received Services for.
We strive to provide reliable Services, however there are certain occurrences that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, DWALL ONLINE INC. AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR DWALL ONLINE INC OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, DWALL ONLINE INC., ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT DWALL ONLINE INC OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS PURPOSE, DWALL ONLINE INC, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. DWALL ONLINE INC. AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $5 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH DWALL ONLINE INC.
We will do our best to address your concerns without needing a formal legal proceeding. Before filing a claim against DWALL ONLINE Inc., you agree to attempt to resolve the dispute informally by contacting our Customer Care Team firstname.lastname@example.org. We'll do our best to resolve the dispute by investigating and addressing the issue, collaborating with you and find mutually satisfied solution. However, if the issue is not resolved within 15 days of submission, any party. may begin a legal proceeding.
Judicial forum for disputes. You and DWALL ONLINE Inc. agree that any judicial proceeding to resolve disputes relating to these Terms or the Services will be brought to the Ontario Provincial courts (Canada), subject to the mandatory arbitration provisions below. Both you and DWALL ONLINE Inc. consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements.
These Terms constitute the entire agreement between you and DWALL ONLINE Inc. with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
DWALL ONLINE Inc. failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. DWALL ONLINE Inc. may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
a. changes to the law,
b. new regulatory requirements, or
с. improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify you prior to the update's effective date by email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from the notification date.
If you don't agree to the updates we make, please cancel your account before they become effective. Where applicable, we'll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
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