Terms and Conditions
Terms and Conditions for using DUBLICOM LIMITED Online Services
Effective Date: May 1, 2013.
IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, ARBITRATION OF DISPUTES AND YOUR INDEMNITY TO US. BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
These “Terms” govern your use of this site and all services, features, widgets, applications, content or downloads available through the Site or that post these Terms (the “Site”) regardless of how you access or use it. DUBLICOM LIMITED or its subsidiaries and/or affiliates (collectively, “DubLi”, “us”or “we”) operate this Site.
You are obligated to gain a complete understanding of the Terms and the functions and operation of the Site. The DubLi ‘Help’ comments, as well as the ‘Fees’ section, can be an aid in this purpose. In the event any ‘Help’ comments, content, or any statements by our customer services personnel conflict with these Terms, these Terms will govern.
§ 1 Validity, Compliancy and Changes to Terms
(1) These Terms serve to regulate the contractual and operational relationship between you and DubLi. They apply to every user, whether they are natural persons or legal entities. By using the Site, you declare your consent with these Terms. In addition, you will be requested to expressly accept the currently valid Terms at various points of the Site. However, if you access and use the Site other than to read these Terms, you are bound by them.
(2) DubLi reserves the right to change these Terms prospectively, at any time and without any reason, including, but not limited to, changing the prices (“Updated Terms”). You may be notified of Updated Terms by email; however, you agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page of the Site, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms each time before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
§ 2 Contract, Eligibility, Registration
(1) Your contractual partner is DUBLICOM LIMITED, 17 Gr. Xenopoulou Street, 3106 Limassol, Cyprus
(2) Those eligible to use the Site and purchase products or services offered by us are natural persons the age of majority (i.e., old enough to enter a binding contract) in the jurisdiction in which they are located, and in no event younger than 18 years of age and legal entities duly incorporated and in good standing in the jurisdiction in which they are located. Consumers may participate within the scope of customary consumer use only. Companies may sign up for free and use all accessible products and services but may not purchase Optional Memberships (see section 11). Any other commercial use is strictly prohibited. The purchase of licenses, services or goods that are not available for free via the Site is governed by the purchase process described in Section 5 below and an agreement therefore occurs only through your offer and an acceptance by DubLi. You enter your offer by submitting an online order form, and DubLi declares its acceptance in a purchase confirmation email to you or by delivering the service or product. An order confirmation is not a purchase confirmation; it solely confirms that your order has been received.
§ 3 Expulsion of Users, Change of Offers, Cancellation and Refund
(1) DubLi has the discretion to expel or suspend users, terminate or suspend licenses and accounts, and discontinue the Site or any aspect of it at any time. DubLi may suspend or expel a user, or suspend or terminate a user’s account or licenses in its business judgment, including, without limitation, if the user has violated legal regulations, third-party rights, these Terms; or has violated, endangered, or infringed upon a legitimate interest of DubLi or the Site operator(s), particularly in case of outstanding payments or other matters for the protection of other users.
(2) DubLi is entitled to change (in particular to reduce or suspend) its services or offerings, and its fee schedule, in its sole discretion at any time and without prior notice.
§ 4 Use of Site Generally
If you comply with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, copy, display, view and use the Materials (defined in Section 18 below) publicly displayed on the Site for free to Site users (i.e., not premium content or activities for which we charge) for the purpose of viewing the Site so long as you do not do any of the following:
(a) remove, alter, or obfuscate any trademark, copyright and other proprietary notices contained in the Materials;
(b) without the prior written consent of DubLi, make derivative works of, or commercially distribute or otherwise exploit the Site or any of its Materials, or use the Site or any of its Materials in a manner that inaccurately suggests an association between you and us or our licensors;
(c) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site, or attempt to discover any source code that the Site uses to generate its content or any software or other products or processes accessible through the Site;
(d) insert or attach any code, device, technology or product to the Site or Materials including, without limitation, those that monitor the Site or its users, or negatively affect any user’s experience of the Site or otherwise negatively affect the Site, its users or us;
(e) use any meta tags or any other “hidden text” utilizing any DubLi trademarks or trade names;
(f) engage in any activities through or in connection with the Site that seek to attempt to, or do, harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to us;
(g) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, DubLi, or other users of the Site;
(h) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site or the Materials;
(i) monitor, gather, copy, or distribute such Materials (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Site by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
(j) frame or utilize framing techniques to enclose any such Materials (including any images, text, or page layout); or
(k) otherwise use or exploit the Site or any Materials in any way for any purpose except as specifically permitted by these Terms without the prior written consent of an officer of DubLi.
§ 5 Purchase Completion
(1) User acknowledges and agrees that DubLi is a global company, and as a global company, may have banking relationships in countries outside of the user's country. DubLi depending on several business factors may decide to process your transactions/payments with one of its banks located outside of your country which may result in international transaction fees or other fees which the user shall be subject to and responsible to pay.
You do not have the right to use a particular payment method and available methods may change without notice. A sales contract is deemed to be concluded within the context of the checkout process between the user and DubLi in compliance with Section 2(2) of these Terms. In the DubLi Store as well as for the monthly subscriptions, the purchase price is displayed next to the product/item. All prices are retail prices and include any applicable taxes (such as sales tax). In the DubLi Store, you initiate the purchase process by clicking the “Place Order” button. This button is located in the DubLi Store under "Checkout." To initiate the order process for a monthly or annual subscription, you must click the “Purchase a Subscription” button, which is located in your Control Center under "My Membership."
We reserve the right to ship goods and render services not until the purchase price (including associated costs, i.e. shipping), has been received. A further prerequisite for delivery is that your account is in good standing, meaning you have no outstanding balance with us. All incoming funds will first be credited toward the outstanding balance from prior purchases and, only thereafter, toward the purchase of new products/items.
§ 6 Cancellation Terms
(1) If you are a consumer, you may cancel your contract agreement, without reasons, within seven (7) days in writing. The time limit commences when receiving the goods or with purchase of the license or service, respectively. Cancellations must be sent to:
Attention: Legal Department
17 Gr. Xenopoulou Street
3106 Limassol, Cyprus
or may be submitted online by using our contact form at www.dubli.com.
(2) In the case of an effective cancellation, we will reimburse payments for products, services and licenses, provided that they have not yet been used. We will only reimburse in the case where goods have been returned to us in undamaged, unopened and in resalable condition. If you can return goods only in a damaged condition, the amount reimbursed shall be reduced proportionately. Shipping costs will only be reimbursed based on fault for which DubLi is responsible. Your right of withdrawal against the purchase of services or licenses is voided once they have been used proportionately or completely.
You may cancel an order in our DubLi Store (see § 9) at any time during the checkout process before we provide the download link. After you receive the download link and/or the product key (if applicable) online or via email, the service is delivered. Because of its delivery method, software is not suitable for a return or reimbursement of the purchase price, and we do not accept cancellations after service delivery.
§ 7 Shopping Mall, Cashback
(1) DubLi provides a free Shopping Mall that allows you to search for products and compare prices. DubLi is not the supplier of the products listed in the Shopping Mall. DubLi provides a link to the merchant’s online shop but you will conclude a purchase contract directly with the merchant (see discussion of third-party links below). The identity of the merchant as well as its terms and conditions can be found in the "About us" section (or similar) on the website of the selected shop. In certain countries, we additionally provide the BSP Point Mall in co-operation with BSP Rewards, Inc. (“BSP”), whose contact details you will find in the footer of the BSP Points Mall subpage. BSP terms and conditions additionally apply.
(2) DubLi does not guarantee the accuracy of details listed by third-party suppliers in the Shopping Mall, in particular for product descriptions, availability and prices, as these are listed completely by the third-party suppliers. Should you identify a violation, please notify our DubLi customer support. After examining the infringement, DubLi will ask the merchant for correction and, in the case of noncompliance, we will consider suspending the violating merchant.
(3) All registered users of the DubLi Shopping Mall earn Cashback on their purchases at participating merchants. If you shop in the DubLi Shopping Mall, whether you own a subscription membership (see Section 11) or not, you will earn Cashback payable monthly into your DubLi Cash Organizer. The amount of Cashback you earn is displayed in the Shopping Mall next to each merchant. You only earn Cashback on the actual (net) purchase price of the product. Discounts, shipping, taxes, VAT and/or GST do not earn Cashback. DubLi does not guarantee the Cashback feature; Cashback is only earned on purchases reported to DubLi by the merchant. If a user is not properly logged in to the DubLi Shopping Mall or bookmarks a link to a merchant in the DubLi Shopping Mall, Cashback may be forfeited.
§ 8 Entertainment
(1) In cooperation with Agaani Music, we provide a multitude of media content, in particular a search engine for music files, an online data storage, access to online radio stations and online games. DubLi itself is not the supplier of the provided content but simply provides a link to the third-party suppliers (see discussion of third-party links below).
(2) DubLi does not assume any guarantee for the continuous provision of third-party services, especially in the case of a system failure (see Section 12 of these Terms). In addition, DubLi does not assume any guarantee for the existence of any particular content in the available data sources.
(3) You may not use the provided content except as authorized by the respective licenser or provider. It is strictly prohibited to bypass technical security measures that limit the usage of offered content. This especially applies for security measures that are designed to prevent the download and permanent storage of offered contents on a data medium as well as their transfer and reproduction. In the case of violation, DubLi reserves the right to exclude you from using the Site and bring legal action.
§ 9 DubLi Store
(1) DubLi provides downloads of games and other computer software (“Software”) through its DubLi Store. Delivery is made by providing a download link and in some cases a code to activate the Software (“Product-Key”). Before you place your order, you must verify that the Software you are about to order matches your hardware specifications. Our Software offerings and prices are valid as long as they are visible on the Site, within the limits of available stocks. If the selected Software or the price is no longer available, we will inform you and reimburse any payments immediately. (2) Upon complete payment of the purchase price, DubLi grants you the license to use the Software according to the Software specific end-user license agreement. As a minimum, DubLi grants the simple, non-exclusive right to use the Software including to download it and run it. DubLi does not, in any case, transfer the rights of (including but not limited to) passing on, upload, making accessible or otherwise distribute or copy the Software or Product Key unless otherwise agreed or permitted by the end-user license agreement.
§ 10 Links
(1) The Site may contain links to or from third-party websites (“Linked Websites”), including websites operated by third parties who may have business relationships with us. We may have no control over the content, operations, policies, terms, or other elements of Linked Websites, and we do not assume any obligation to review any Linked Websites. We do not endorse, approve, or sponsor any Linked Websites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Websites. Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Linked Websites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Websites. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Websites) are solely between you and the third party and we disclaim all liability in connection with therewith.
(2) We grant you the revocable permission to link to the Site; provided, however, that your web site, or any third-party websites that link to the Site: (a) must not imply that we or the Site are endorsing or sponsoring it or its products or services, unless an officer of DubLi has given prior written consent; (b) must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm DubLi or its products or services; (c) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (d) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements and all applicable laws. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
§ 11 Optional Memberships
DubLi offers two optional service memberships with subscriptions that can be purchased individually or in combination. DubLi reserves the right to cancel existing subscriptions or withhold future use of the Site for violation of these Terms.
(1) The V.I.P. Membership offers the full range of DubLi online services, including an additional 6% monthly Cashback on all purchases in the DubLi Shopping Mall (assessment base: net price). Additional Cashback will be granted retrospectively on all purchases that have been made with participating merchants in the DubLi Shopping Mall, provided that you have been a consistent V.I.P. Membership holder within this period of time. In addition, the user has access to unlimited music and video search, free radio stations, free online games, unlimited saving of playlists, creation and exchange of playlists or single content via electronic communication and social networks, proposal function for similar content, unlimited access to our online data storage up to one hundred (100) gigabytes, the DubLi Customer Referral Program and DubLi eWallet. The user receives a free DubLi MasterCard branded debit card as well as access to DubLi Mail. V.I.P. Membership holders automatically participate in the Monthly Sweepstakes among all DubLi subscribers.
(2) The Premium Membership includes an additional 4% annual Cashback on all purchases in our Shopping Mall (assessment base: net price). The additional Cashback will be granted retroactively on all purchases that have been made with participating merchants in our Shopping Mall, provided that you have been a consistent Premium Membership holder within this period of time. In addition, the user has access to unlimited music and video search, free radio stations, free online games, unlimited saving of playlists, creation and exchange of playlists or single content via electronic communication and social networks, unlimited access to our online data storage up to one five (5) gigabytes and DubLi e-wallet. The user receives a free DubLi MasterCard branded debit card (subject to further conditions) as well as access to DubLi email. Premium Membership holders automatically participate in the Monthly Sweepstakes among all DubLi subscribers.
(3) With regard to Cashback, please note the following restrictions:
• Cashback on travel services will possibly not be granted until the travel is completed.
• Cashback on subscription-based products or purchases that are bundled to subscription-based products may only be granted in the first month of the subscription and only on the core component of the bundle. Setup fees, costs for included equipment and other additional costs may not be subject to a cashback.
• The purchase of stamps is not subject to Cashback.
• Cashback will not be calculated on proportionately included postage and/ or shipping costs and other fees respectively (e.g. handling fees).
• The assessment base for the Cashback is net, without VAT, sales tax, GST etc.
• Cashback may not be granted for the purchase of gift cards.
• DubLi reserves the right to deny Cashback if it was received in an improper or fraudulent way or in circumvention of our Terms. Please note that you must be logged in for the technical implementation of the Cashback to work properly. Despite the use of developed technology, it is not always possible to guarantee a loss-free allocation of all purchases to your Shopping Mall Cashback account. Should you miss any purchases, please report them by using the tab “Missing Purchase” for further investigation from the merchant.
• Additional restrictions not yet mentioned here may apply.
(4) The user must check if all purchases are listed in his/her Shopping Mall account and report all inquiries two weeks following the date of purchase at the soonest. Cashback is only granted for private purchases. The user is obligated to provide all purchase details, including the actual date of purchase and, if necessary, proof of purchase via merchant-generated receipts and present them upon request. All claims must be made within ninety (90) days from the date of purchase.
§ 12 System Failures, etc.
(1) In case of a system failure or interference, or if we suspect any manipulation, etc., our services may be (temporarily) interrupted and may continue after the removal of the error. We will exercise our discretion with respect to these matters.
(2) In all cases of system failure or interference, a claim to reimbursement does not apply. Neither DubLi nor the Site operator(s) guarantees the continuous operation of the system nor are they responsible for damage resulting from the use (or lack thereof) of DubLi services by a user or third party. Likewise, neither DubLi nor the Site operator(s) is responsible for damage resulting from technical defects or other issues.
(3) DubLi may, at its own discretion, cancel a transaction that has been affected by a system failure, or is otherwise, in our sole judgment, suspicious or compromised, and may finally reject such a transaction. Our determinations and judgments in connection with the operation of Site activities will be final and binding.
(4) You are solely responsible for your device and the services that connect your device to the Site and understand that all devices and services may not be compatible with our Site at some or all times.
§ 13 Legal Succession
DubLi may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of DubLi.
§ 14 Liability Limitation and Limitation of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS ON THE SITE, ARE PROVIDED ON AN “AS-IS”, “AS-AVAILABLE” AND “WITH-ALL-FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DUBLI AND EACH OF OUR EMPLOYEES, PARTNERS, OFFICERS, MEMBERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “DUBLI PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (D) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; AND/OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM THE DUBLI PARTIES OR VIA THE SITE. IN ADDITION, THE DUBLI PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE DUBLI PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE DUBLI PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE DUBLI PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE DUBLI PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
UNDER NO CIRCUMSTANCES WILL DUBLI PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF, THE SITES; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DUBLI PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SITES’ TECHNICAL OPERATION; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DUBLI PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE DUBLI PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DUBLI PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN EUROS.
YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE SITES’ MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR THE SITES’ MATERIALS.
BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW LIMITING THE WAIVER OF UNKNOWN CLAIMS.
§ 15 Legal Use of Site
BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
§ 16 Interference in Data Processing Activities
(1) You, either yourself, indirectly through third parties, or with the assistance of programs are prohibited from interfering in, influencing, disrupting, copying without permission, disseminating or otherwise manipulating data processing activities underlying the Site. This is also applicable with regard to the Site layout. You are not permitted to use automated generation of user accounts or otherwise try to game or manipulate our Site or services – such use may, in our discretion, result in expulsion.
(2) You are also prohibited from conducting or supporting any criminal and illegal activity in connection with the use of the Site including, but not limited to (i) violating intellectual property rights (e.g. brands, patents, trademarks) of a third party, (ii) sending out unsolicited communication (SPAM), (iii) developing and distributing computer viruses or (iv) violating third party privacy.
§ 17 Written Form, Applicable Law and Legal Jurisdiction
Notices and complaints related to these Terms and the Site must be in writing and sent to the address indicated in Section 2(1) of these Terms. Any modification or amendments to these Terms must be in writing signed by an officer of DubLi. Unless prohibited by applicable law, the law of the Republic of Cyprus, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, shall be applicable to these Terms and all disputes related to these Terms or the Site (without regard to its choice of law provisions) and, subject to Section 20 of these Terms, the place of jurisdiction and venue is agreed to be Limassol, Cyprus.
§ 18 Intellectual Property
(1) The brand DUBLI and all other brands, trademarks, logos and otherwise protected content of every online merchant that can be reached via our Shopping Mall, and of our licensors and advertisers, are the intellectual property of the respective owner and are protected by the United States and international law. They may not be used in any other way except for the named purpose, i.e., in particular viewing the page and using the offered services. Without our prior written permission, you agree not to display or use, in any manner, any such marks and all goodwill associated with any use by you thereof will inure exclusively to DubLi or their respective owners.
(2) The Site (including past, present and future versions) and all materials that are included in or are otherwise a part of the Site, including, without limitation: graphics, layout, text, content, instructions, images, audio, videos, designs, advertising copy, trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by DubLi and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by an officer of DubLi, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for DubLi.
(3) The entire contents of the Site (including the Materials) are copyrighted under the copyright laws and/or similar laws of various jurisdictions. Without limitation, DubLi owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Site. Third-party content providers own the copyright in content that is original to them. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of an officer of DubLi, unless and except as is expressly provided in these Terms.Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Site
§ 19 Promotion
I irrevocably authorize DubLi, and its successors, assigns and licensees, to use and publish my name, photo, likeness, personal history/career and/or similar personal data and information (or to have them published by a third party), including for advertising and promotional purposes and press releases. I hereby waive any and all remuneration and/or damage claims towards DubLi, or its successors, assigns and licensees, with regard to this use or publication.
§ 20 Binding Arbitration, Class Action Waiver
This Section 20 is a written agreement to arbitrate. You and DubLi agree that we intend that this Section 20 satisfies the “writing” requirement of the U.S. Federal Arbitration Act and any other laws regarding arbitration agreements.
(1) Agreement to Arbitrate. Unless prohibited by applicable law, any controversy, allegation, or claim arising out of or related to the Site or these Terms, including, without limitation, products and services offered on the Site and merchandise orders made through the Site (“Dispute”), will be resolved solely by binding arbitration in accordance with the then-current Rules of Arbitration of the International Chamber of Commerce (“ICC”), subject to these Terms. DubLi, in its sole discretion, will elect the site of arbitration, which will either be (i) located within one hundred miles of your residence or (ii) hosted online, with the arbitration conducted over the Internet. The arbitrator will apply law selected in Section 17 of these Terms and the other provisions of these Terms, will determine any Dispute according to the governing law and facts based upon the record and no other basis, and will issue a reasoned award. You accept the arbitrator’s (or arbitration panel’s) decision as binding.
You may obtain information about the International Chamber of Commerce and its current Rules of Arbitration at http://www.iccwbo.org/ICCDRSRules/
(2) No Class-Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.
(3) Commencing Arbitration. To commence arbitration you are required to send your complaint to the address provided at Section 2(1) of these Terms. The complaint must clearly state that you are requesting arbitration. The arbitration will be conducted by the ICC under its rules and regulations and pursuant to these Terms.
(4) Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
(5) Injunctive Relief. The foregoing provisions of this Section 20 will not apply to any legal action taken by DubLi to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site and/or DubLi’s intellectual-property rights, DubLi’s operations, and/or DubLi’s products or services.
§ 21 Indemnification
You agree to defend (if requested by us), indemnify and hold harmless the DubLi Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the Site or activities in connection with the Site; (b) your breach or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (c) information or material transmitted through your computer or other device used to access the Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (d) any misrepresentation made by you; or (e) the DubLi Parties’ use of your information. You will cooperate as fully required by the DubLi Parties in the defense of any claim. Notwithstanding the foregoing, the DubLi Parties retain the exclusive right to settle compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The DubLi Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of an officer of the DubLi Parties.
§ 22 Miscellaneous
These Terms cannot be changed or terminated orally and except as modified prospectively by Updated Terms. All provisions of these Terms, other than licenses to you and the continued ability to use this Site, shall survive the expiration or termination of your account or use of the Site. Any failure of DubLi to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by DubLi of any provision of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of DubLi. If any provision of these Terms is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against us by virtue of having drafted them. Any violation of these Terms may be referred to law enforcement authorities. These Terms constitute the entire understanding and agreement between you and us and supersede any and all prior or inconsistent understandings relating to the Site and your use of the Site and services provided by the Site.