- "you" and "your" means you, the person entering into this agreement with us;
- "101 9898", "we" or "us" means Dar Communications Corporation and its affiliates, successors and assigns.
- User Obligations
- You will not directly or indirectly act or omit to act in any way which may infringe, damage or endanger any intellectual property or similar rights (or any goodwill attaching thereto), which may now or in the future exist in any part of the world, of us or any third party and will not knowingly permit or assist any other person to do so.
- You will provide 101 9898 with full, accurate and up-to-date personal details as requested by us where necessary, including your full name and address, and will notify us when any such information changes.
- You may not in any circumstances do any of the following on or in relation to any Site:
- act in any manner contrary to applicable law or regulation, or in any way that may in our opinion have an adverse effect on the Site or knowingly or recklessly transmit or distribute a virus, Trojan horse or other malicious code or corrupt data;
- use any domain name or mailbox name so as to infringe upon the rights of any other person whether in statute or common law, in a corresponding trade mark or name;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- hold or attempt to hold 101 9898 or any of our third party contractors liable in relation to the accuracy, reliability, availability and/or performance of resources accessed through the Internet which, you acknowledge, are beyond our control; or
- permit or assist any third party to do any of the above.
- Intellectual property
- The design of the Sites (including text, graphics and any other material appearing on the Sites), their content and software are protected by copyright, trademarks, service marks and other intellectual property rights which are owned or controlled by us or our licensees. You agree to comply with all copyright notices, information or restrictions contained in any information accessed through the Sites.
- You may use the Sites solely for your own personal use. In no event are you permitted to publish, re-transmit, re-distribute or otherwise re-produce any of the content supplied to you or which appears on the Sites in any format to anyone and you may not use any such content in connection with any business or commercial enterprise.
- Other than any service you decide to accept on separate terms and conditions from 101 9898 or a third party, each Site is provided as a free service available to Internet users and therefore no legal relations are created between you and 101 9898 as a result of such use.
- We may include information or resources or provide links, including hypertext links, from our Site to other websites, resources, advertisements or sponsorships, either directly or indirectly through the contractual partners, which are not under our control. Information contained on the Sites which has been provided by third parties and/or information on any other Website which is accessed via the Site has not been independently verified by us. We accept no responsibility for these links and do not endorse their contents and we shall have no liability to you for any failure on the part of the operator of the linked site or any of its suppliers to fulfil any obligation owed to you or for any defective or deficient product or service any of them might supply to you. If you decide to access other Websites, you do so completely at your own risk.
- While we take commercially reasonable care to ensure that the standard of each Site remains high, the Internet is not a stable medium and errors, omissions and interruptions may occur at any time. Neither 101 9898, nor any of its officers, agents and/or employees give any representation or warranty as to the accuracy, completeness and/or reliability of any content on the Sites, or as to any information contained on any Website whatsoever which is accessed via the Sites or as to the fitness of each Site for any particular purpose. 101 9898, its officers, agents and employees disclaim and exclude, to the fullest extent permitted by law, all liability for any loss or damage whatsoever arising out of or in relation to your use of or inability to use a Site.
- All warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.
- Except in respect of liability for death or personal injury arising out of gross negligence or for fraud or fraudulent misrepresentation, 101 9898 and all contributors to the Sites hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any direct, indirect, consequential, special or secondary loss or damage including any damage to goodwill or property or with respect to loss of data, income or profits or any loss of anticipated savings incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use the Sites, or any software or content supplied to you in connection with the Sites, or any services we provide or make available to you through or in relation to our Site (other than as may be expressly set out in any separate terms and conditions relating to such services), or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if 101 9898 or its employees or agents are advised of the possibility of such damages, losses or expenses.
- Any dealings you have with third parties via a Site are your responsibility. Should a dispute arise between yourself and any third party due to use of the Site we will use commercially reasonable endeavours to the extent consistent with our own business interests to assist its resolution but we will not be responsible for any loss or damage suffered as a result.
- Variation of content
101 9898 reserves the right in its absolute discretion at any time and without notice to remove, amend or vary any of the content which appears on any page of the Sites.
The information, text, graphics and/or links provided in this Website are provided by 101 9898, as a convenience to current and potential customers. While all reasonable attempts have been made to ensure the accuracy and completeness of the information, text, graphics, links and other items provided in this web site may contain technical inaccuracies, typographical errors, or incomplete information. 101 9898, makes no warranty as to the accuracy, completeness or currency of the content. 101 9898, may make improvements and/or changes in the product(s), service(s), and/or program(s) described in this Website at any time without prior notice. It is your responsibility as a consumer and/or visitor to the Website to verify any information contained herein before relying upon it. This Website does not constitute an offer or contract.
All products referenced herein are subject to service availability and the rates are not inclusive of governmental taxes and fees, including the Universal Service Fund and similar state or federal funds.
- Data Protection
The privacy of your information is very important to us and our Terms and Conditions covers our use of any information you provide. By agreeing to use the Sites, you accept the terms of our Terms and Conditions.
All information and material submitted to and accepted by 101 9898 via the Sites by way of contributions to chats, discussions and user reviews may be used by us in any manner that we determine, in the exercise of our sole discretion, to be appropriate. We shall be free to use, edit, copy, republish and distribute (for any purpose) any such information and material. 101 9898 shall not be subject to any obligations of confidence regarding such information or materials except as required by law. The fact that information you transmit or cause to be stored on our media and communications facilities without our direct and knowing participation is so stored or transmitted shall not be deemed to evidence our control of or consent to such transmission or storage.
- Termination of Access
We reserve the right in our sole discretion to deny you access to any of our Sites or any part of our Sites without notice if you are in breach of these terms and conditions.
If any part of our terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- Governing law
This Agreement, to the extent not covered by applicable state and federal laws, regulations and tariffs, shall be governed under the laws of the State of California without reference to its choice of laws principles. The Parties further agree that to the fullest extent permitted under this Agreement, Washington D.C. will be the exclusive venue for any claim, dispute or other difference (collectively, the "disputes") that may arise between them and that the Parties are subject and consent to the exercise of jurisdiction by courts and administrative agencies located in Washington D.C.
- Entire Agreement
Save in case of fraudulent misrepresentation or fraudulent concealment, these terms and conditions set out the whole of our agreement relating to use of and access to the Sites. They may not be varied by you at any time. Nothing said by any salesperson on behalf of 101 9898 should be understood as a variation of these terms and conditions or an authorized representation about the Sites or the nature and quality of items displayed thereon. 101 9898 shall have no liability for any such representation being untrue or misleading.