DB8 Inc. Terms of Use
DB8 LABS INC. (“DB8”) OWNS AND OPERATES THIS WEBSITE LOCATED AT WWW.DB8.COM (THE “WEBSITE”). THESE TERMS OF USE APPLY TO USERS OF THIS WEBSITE (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE), INCLUDING USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ACCESS ANY OF ITS CONTENT. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY DB8 FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE WEBSITE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.
1. THE SERVICE. The DB8 service allows users to access the DB8 platform, access content through the Website and receive email correspondence from DB8 (the “Service”). In order to access the Service and start contributing with other users, you must be a registered user and you can use the Service via the Website.
1.1. Not to be used by minors. The Services are not intended for persons under 13 years of age. Users of the Services must be 13 or older. We do not knowingly collect personal information from persons under 13. If you are under 13, do not use or provide any information on the Website or on or through any of its features/register on the Website, make any purchases through the Website or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.
1.3. Your Account. You may need to register for a DB8 account in order to access or use certain Services. Your account may automatically provide you with access and means to use new Services that we create. When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices. If you create an account, you are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and you must notify us away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
1.4. Service Updates, Changes and Limitations. The Service may change frequently, and their form and functionality may change without prior notice to you. We may also impose limits on certain Service or restrict your access to part or all of the Service without notice or liability. We may also from time to time, as we see fit, develop and provide updates for certain Services. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. These Updates may include updated versions of our applications, which may automatically electronically upgrade the versions used on your device, as well as updates to wearables and other connected products. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.
1.5. Service Monitoring and Suspension. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, or content. We may also deactivate, terminate or suspend your account at any time: (1) if we, in our sole discretion, determine that you are or have been in violation of these Terms or the spirit thereof (as highlighted in our community guidelines as applicable pursuant to section 1.9 herein), (2) if we, in our sole discretion, determine that you have created risk to any other User, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuance or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or at the next time you attempt to access your account after any such deactivation, termination or suspension.
We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services (including inviting a fellow user into a network of friends).
1.6. Security. We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, as defined below, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any actual or suspected breach or unauthorized access or use of your account.
1.7. Consent to Receive Communications. After signing up for an account, you may receive periodic email communications as part our Services. You cannot opt out of receiving these communications while you continue to use our Services. You may also receive periodic promotions and other offers or materials that we believe might be of interest to you. You can opt out of receiving these promotional messages at any time by following the unsubscribe instructions contained in the message footer, or changing the email preferences in your account. By finding and connecting with your friends and other users in our community, you may receive electronic communications, including messages from them (depending on your preferences, you may receive notification of other User comments via email, in the website/application, and/or as a push notification). You can manage the messages you receive from other users in our Services by changing the preferences in your account.
1.8 Conduct. You shall not (a) copy or distribute any part of this Website or Service (including all of the contents of the website), (b) alter or modify any part of the Website, (c) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (d) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (e) collect or store personal data about other users or viewers; or (f) resell the content of the website, the use of the website or access to the website or the content of the website. You also agree not to access the Website or Service in a manner that utilizes the resources more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
1.9 Community Guidelines. Our Services are intended to be a safe and supportive community for all users. To help everyone feel safe and to maintain that positive environment, we require everyone to agree to, and follow, these rules (the “Community Guidelines”) when posting User-Generated Content, as defined below, and using the Services. By using the Services you agree that your User-Generated Content will not violate these Community Guidelines. If you violate the Community Guidelines, we reserve the right to terminate your access to the Services.
No Discriminatory or Abusive Content, or Personal Attacks or Insults.
Stay positive – don’t spread hate messages, and don’t post Content that is threatening, hurtful, harassing, embarrassing, or annoying to other members of the community.
No derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group, even if couched in humor, will be permitted. This includes expressing stereotypes about any group or community.
You can respectfully disagree with a message, post or topic, but please do not attack other users by mocking or insulting them. If you are attacked by another user, and you reciprocate, you may also be subject to the same consequences.
No Hijacking, Trolling, or Flame-baiting. If you are participating in our forums, please stay on-topic in an existing thread, and post new threads in the appropriate forum. Taking a thread off-topic is considered hijacking. Please either contribute politely and constructively to a topic, or move on without posting. This includes posts that encourage the drama in a topic to escalate, or posts intended to incite an uproar from the community.
No Explicit Content. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or promoting sexually explicit material.
No Harm to Minors. Don’t use the Services in a way that harms minors (or anyone, really).
No Sending Spam and Junk Mail. Don’t spam people via posts, replies, or messages.
No Illegal Content. Don’t advocate, promote, or assist any fraudulent or illegal act (e.g., violence, impersonation and computer misuse).
No Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the Interactive Areas.
No Public Posting of Private Conversations. Don’t publicly post an email or private message from any other user, moderator or administrator.
No Breach of Legal Duty. Don’t post Content that is in breach of any contractual or other legal duty owed to a third party.
No Deceptive or Fraudulent Links. Don't post deceptive or fraudulent links. This includes giving links misleading descriptions, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads.
No Intellectual Property Infringement. Respect the intellectual property of others. If you aren’t allowed to use someone else's proprietary work or likeness (either by license or by legal exceptions and limitations such as fair use), please don’t post it. In particular, if you have any reason to believe that User-Generated Content you see on our Services is infringing your copyrights or the copyrights of others, please see the Copyright/DMCA section of our Terms.
No Impersonating DB8. or Others. Don’t post Content that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person, including with DB8. Creating an account for the purposes of deceiving other users or to work around a Services suspension is not permitted and will be grounds for a permanent ban from the Services.
Other. Don’t post Content that contains anything that, in DB8’s sole determination, is objectionable or inhibits any other person from using or enjoying the Services, or that may expose DB8. or our users to any harm or liability of any kind.
If we determine that you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.
Objectionable or infringing User-Generated Content: While we require all of our users to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee they will comply with the Community Guidelines or these Terms. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect that someone is misusing your User-Generated Content or is otherwise infringing on your intellectual property rights, please report it to us at contact@db8.com and we may take appropriate action, which may include removing or disabling access to such Content.
By using the Service, you understand and acknowledge that when you access or otherwise use the Services:
You may be exposed to User-Generated Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Generated Content.
You may be exposed to User-Generated Content shared by other users that is offensive, indecent, or otherwise objectionable.
We cannot be held responsible for any injury or harm to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Community Guidelines.
2. Intellectual Property Rights. DB8 and its licensors and clients reserve all rights, including without limitation all intellectual property rights, to the Website and all content published on the Website, via email correspondence between you and DB8 via the Service.
2.1 Definitions For the purposes of these terms ‘Content’ applies to any creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, text, ideas, communications, replies, “likes,” comments, information, data, software, scripts, executable files, graphics, interactive features, designs, copyrights, trademarks, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on the Website or through the Service. The term ‘User-Generated Content’ means any Content that a User submits, transfers, or otherwise provides to or through the use of the Service and Website. Content includes, without limitation, all User-Generated Content; and the term “DB8 Content” means all Content that is not User-Generated Content.
2.2 Ownership: All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in the Website, Service and the DB8 Content belong to DB8 and/or its partners or applicable third parties. Users have the right to post comments, answer polls, and interact with the Website and the Service. However, DB8 retains the ability to use all User-Generated Content provided by the User through the use of the Service or the Website.
The User retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that they create, and DB8 and/or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all DB8 Content. Except as expressly provided in the Terms, nothing in the Terms grants you the right or license to use any DB8 Content, including any content owned or controlled by any of our partners or other third parties. You agree that you will respect the intellectual property rights of others and represent and warrant that you have all of the necessary rights to grant DB8 a license (described further in part 2.4 below) for all User-Generated Content you submit in connection with the Services.
2.3 Our License to You: You acknowledge and agree that the Service, any necessary software used in connection with the Service (if any), the Website and the DB8 Content contains proprietary information that is protected by applicable intellectual property and other laws. We grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Service, Website and DB8 Content for your own personal use and benefit, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right of DB8 Content, Website or Services to anyone else, or exploit DB8 Content, Website or Services for your own or anyone else’s commercial benefit. This license is subject to the Terms, including the following:
DB8 Content: Except as expressly permitted by applicable law or authorized by DB8 you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website or Services, the Services’ software, or any other elements related to the DB8 platform.
Confusion or Impersonation: Do not impersonate any person or entity, and/or falsely claim an affiliation with any person or entity.
Disruptions, Exploits, or Resource Abuse: Do not interfere with or damage operation of the Website or the Service, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources.
Unlawful Uses: You may only use the Website and Service for legally permitted purposes. You may not use the Service, Website or any DB8 Content or other information displayed on or made available by the Services to stalk, harass, abuse, defame, threaten, or defraud others.
2.4 Your License to Us: When you provide User-Generated Content to DB8 through the Services, you grant DB8 and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit such User-Generated Content. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; and (b) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.
We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content that we believe violates these Terms, any community guidelines published by us as applicable, and/or our policies.
2.5 Content Retention: If an account is terminated or if you, the user, removes any User-Generated Content from the Services, DB8 may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore, Db8. and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Service. Accordingly, note that the above license to your User-Generated Content continues even if you stop using the Service or the Website. When you post something publicly, others may choose to comment on it, making your User-Generated Content part of a social conversation. For more information, please review our Privacy Policy.
2.6 Feedback: If you provide DB8 with any suggestions, comments or other feedback to DB8 ("Feedback"), DB8 may use such Feedback in the Website, in the Service or other DB8 products. Accordingly, you agree that: (a) DB8 is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and You have all of the necessary rights to disclose the Feedback to DB8, (c) DB8 (including all of its successors and assigns and any successors and assigns of any of the DB8 Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in the Service or Website, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from DB8 or any of the other users of the Website or Service.
3. Use of the Website. DB8 does not guarantee the accuracy, integrity, or quality of content on the Website. Users acknowledge that by using the website, they may be exposed to materials that are offensive, indecent, or objectionable. Under no circumstances will DB8 be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available on the website. DB8 makes no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any content available through the Services, and we make no commitment to update such content.
The information and materials on this Website may contain technical inaccuracies or typographical errors. Certain materials on this website may have been submitted by viewers or other participants in the various forums on this website. User-Generated Content available in connection with the Service, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. DB8 does not endorse any opinions or recommendations contained in User-Generated Content. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
DB8 may alter, suspend, or discontinue this website at any time and for any reason or no reason, without notice. The website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. DB8 may periodically add or update the information and materials on this website without notice.
4. DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, DB8 DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DB8 SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. DB8 DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND DB8 SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL DB8 BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF XYZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
6. Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by DB8. DB8 is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non- DB8 websites does not imply that DB8 endorses or accepts any responsibility for the content or use of such websites, and You hereby release DB8 from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
While DB8 encourages links to the Website, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of DB8 for which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. DB8 reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of DB8.
7. No Implied Endorsements. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by DB8 of that third party, third party product or service.
8. No Advice. The information contained on the Website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
9. Termination. DB8 may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the terms of use or any other agreement that You may have with DB8 (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to DB8), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by DB8 in its sole discretion and that DB8 shall not be liable to You or any third-party for any termination of Your access to this website or for the removal of any of the materials uploaded by You to the website. Any termination of these terms of use by DB8 shall be in addition to any and all other rights and remedies that DB8 may have.
10. Security. Information sent or received over the Internet is generally unsecure and DB8 cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
11. Enforcement of Terms and Conditions. If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of DB8 to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by DB8 must be in writing and shall only apply to the specific instance identified in such writing. No waiver by DB8 of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
12. Copyright and Trademark Information. This Website, and the information and materials that it contains, are the property of DB8 and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All DB8 product names and logos are trademarks or registered trademarks of DB8. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any materials displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of DB8. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
This website is Copyright © 2023 DB8 Inc. All rights reserved.
13. Assignment. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without DB8’s prior written consent. DB8 may assign the terms of use, or any rights or licenses granted hereunder, at any time without notice.
14 Survival. In addition to Sections 5, 6 and 7, all representations, warranties and conditions made by You in these terms of use shall survive the termination of these terms of use. Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by You in these terms of use shall survive their termination. All payment obligations incurred by You prior to the termination of these terms of use shall survive their termination.
15. Entire Agreement. These terms of use, together with our Privacy Policy available at: www.DB8.com/privacy that may be published on the website, constitutes the entire agreement between the parties relating to the website and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by DB8.
Effective Date: June 18, 2023