TERMS OF USE

 

      1.   SCOPE OF AGREEMENT

The following Terms of Use (“Agreement”) governs your use of the website located at Dobai.com (the “Site”), which includes the website of the Dobai, LLC.  By accessing the Site, you agree to be bound by and comply with the terms and conditions of this Agreement.  If, at any time, you choose not to accept the terms and conditions of this Agreement, do not access or use the Site in any manner.


 

Please take a few minutes to read this Agreement carefully.


 

Please note: Dobai, LLC makes no representations or guarantees that information on the Site is accurate.  Dobai, LLC asks users who submit content to affirm that any information in the content is accurate, but Dobai, LLC does not verify the accuracy of the information submitted by users.  All content on the Site is provided solely to assist users in exercising their own best judgment and at their own risk.


 

      2.   INFORMATION AND PASSWORDS

You may register and create a personal account to access certain features and functions of the Site.  You are solely responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your account.  Dobai, LLC does not retain liability or responsibility for such use.


 

      3.   USER SUBMISSIONS

User Content includes but is not limited to, any text, images, photos, audio, video, location data, ratings, reviews, compilations, messages or other information that is publicly displayed by you.  Dobai, LLC asks users who submit User Content to affirm that any information in the content is accurate, but Dobai, LLC does not verify the accuracy of the information submitted by users.

By submitting User Content to any part of the Site, you represent and warrant that:

  • You are the sole author and owner of any intellectual property protected User Content you submit;
  • You are solely responsible for any contributions, comments or postings you submit, including any feedback or questions;
  • All User Content that you post is accurate;
  • You are at least 18 years old;
  • Your use of the User Content does not violate this Agreement and will not cause injury to any person or entity;
  • You have not been offered, have not accepted, and are not entitled to receive any compensation in any form and from any party in connection with submitted User Content; and
  • You will indemnify, defend and hold harmless Dobai, LLC, its officers, directors, employees and agents from any third party claim(s) and any damages, losses or injuries resulting from the display of your User Content.

You further agree and warrant that you will not: 

  • Submit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • Submit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  • Submit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Submit any User Content that is false or misleading;
  • Use the Site for sales and marketing purposes;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Invade another’s privacy in any way, including posting another’s personal details without their prior permission;
  • Manipulate identifiers in order to disguise the origin of any User Content submitted;
  • Act in a manner that affects other users’ ability to engage in real time exchanges;
  • Intentionally or unintentionally violate any applicable local, state, provincial, national or international law.

You acknowledge that Dobai, LLC and its affiliates have the right in their sole discretion, to remove, refuse, move, edit or delete any User Content submitted, regardless of whether such content violates this Agreement. 

Any submission to the Site will be deemed and remain the property of Dobai, LLC.  By submitting User Content to the Site you hereby grant Dobai, LLC and its affiliates a royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the User Content in any media or medium, form, format or forum.

Dobai, LLC shall not be subject to any obligations of confidentiality regarding User Content except as expressly agreed by Dobai, LLC, or as otherwise required by applicable law. Nothing contained in this Agreement shall be construed as limiting Dobai, LLC’s rights, responsibilities and obligations under its privacy policy located at 

https://dobai.com/privacy.




 

      4.   Dobai, LLC INTELLECTUAL PROPERTY

Dobai, LLC retains all right, title and interest, including all intellectual property rights, in and to the information and content on the Site, including, without limitation, any text, graphics, logos, buttons, icons, images and audio clips (“Dobai, LLC Content”).  In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by Dobai, LLC, including Dobai, LLC’s registered trademarks, service marks, logos, brand names, trade dress and trade names (“Trademarks”). 

You have no rights in or to such Dobai, LLC Content or Trademarks and you will not use any Dobai, LLC Content or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the Dobai, LLC Content or Trademarks which is not specifically permitted under this Agreement.  You may not use or display Dobai, LLC’s Trademarks in any manner without Dobai, LLC’s prior written consent.  Unless we specifically consent in writing, Dobai, LLC’s Trademarks may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Dobai, LLC.

Unless otherwise specifically set forth on the Site or unless written consent is provided, you may only use and access, download and copy the Dobai, LLC Content for your personal, non-commercial use, and you will not alter, erase or otherwise obscure our copyright, trademark, proprietary or other notices on the Dobai, LLC Content. You acknowledge and agree that the Dobai, LLC Content is made available for informational and educational purposes only, and is provided to assist you in exercising your own judgment. Dobai, LLC Content is not a substitute for legal advice or your best judgment. The accuracy of Dobai, LLC Content is not guaranteed, and Dobai, LLC makes no representation or warranty of any kind. Unless otherwise specifically specified on the Site, Dobai, LLC Content should not be construed as a representation of the opinions of Dobai, LLC. Dobai, LLC does not give legal advice. Your reliance upon Dobai, LLC Content obtained through the Site is solely at your own risk. All rights not expressly granted in this Agreement are reserved to us.


 

      5.   NOTIFICATION OF INFRINGING COPYRIGHT-PROTECTED CONTENT

Material may be made available on the Site by third parties not within our control. We are under no obligation to, and do not, scan material used in connection with the Site for the inclusion of illegal or impermissible Content. However, we respect the copyright interests of others. It is our policy not to permit material known by us to infringe upon another party's copyright to remain on the Site.

To notify Dobai, LLC of alleged copyright or trademark infringement on the Site, in accordance with 17 U.S.C. §512(C)(3), you should provide us with written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dobai, LLC to locate the material;
  • Information reasonably sufficient to permit Dobai, LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All Notifications of Claimed Copyright Infringement should be sent to our designated agent as follows:


 

Copyright Contact

Dobai, LLC.

10 Primrose St., Suite 1456

Palmer Lake, CO 80133

Attila@Dobai.com

(720) 641-1113


 

Upon receipt of the above information, Dobai, LLC will promptly investigate and take appropriate action, then notify you of that action at the contact address provided.


 

      6.   COMPLIANCE

You expressly agree that the Site may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use the Site in any way that could result in criminal or civil liability. Use of the Site from outside of the United States shall be in compliance with the laws of the jurisdiction from which you access the Site.

 

      7.   LINKS

Inbound Links 

Dobai, LLC, welcomes the opportunity for third parties to link to Dobai.com, so long as the links are used in accordance with the terms and conditions of this Policy. 

 

Terms and Conditions 

Third parties may link to our home page, publications, educational or consumer information,  and/ or to other website information so long as the link: 

(a) is not in any way misleading; 

(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products, services or membership; 

(c)  appears without the use of any confusingly similar logo or border around the content; 

(d)  correctly uses the name “Dobai, LLC”, “Attila Dobai”, or “Dobai.com”; 

(e) uses the uniform resource locator (“URL”) being linked to or any other description of the Dobai, LLC website or material being linked to that makes sense within the context and format of content on the linking party’s site; and 

(f) does not reflect unfavorably on Dobai, LLC (organizations representing inherently suspect types of businesses, such as work-at-home opportunities, are considered unfavorable and shall not be allowed to link). 


Outbound Links

From time to time, Dobai, LLC may, with permission from the site owner, decide to link to webSite that we determine may be of interest to our visitors. These webSite may offer educational, governmental or other resources or may be owned or controlled by other third parties.

Dobai, LLC is not responsible for the content of any linked site, any link(s) contained in any linked site, or any changes or updates to the information contained in such Site. We provide links to third party Site only as a convenience and the inclusion of any such link on our site does not imply our endorsement of either the site, the organization operating such site, or any products or services of that organization. A visit to any site or page from our website via any such link is done entirely at your own risk.

Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on any site not under the direct control of Dobai, LLC.

 

      8.   DISCLAIMER OF WARRANTY

Dobai, LLC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE SITE AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE. THE SITE ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. Dobai, LLC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACQUIRED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


 

      9.   INDEMNIFICATION

You agree to indemnify and hold harmless Dobai, LLC and its respective officers, directors, employees, agents, independent contractors or licensors (collectively the " Dobai, LLC Parties") from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Dobai, LLC Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of the Site and any material you access using the Site or by any other means; (ii) a third party's use of such material that you access using the Site and make available to such third party; or (iii) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Dobai, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of the relevant Dobai, LLC Parties.


 

      10.   LIMITATION OF LIABILITY

Under no circumstances shall Dobai, LLC be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for lost profits, business interruption, goodwill or other intangible losses of any kind arising from or relating in any way to (i) your use of, or inability to use, the Site or the information contained in the Site; (ii) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and (iii) any other matter relating to the Site, even if advised of the possibility of such damages.


 

      11.   TERMINATION

Dobai, LLC may immediately suspend access to the Site and remove and discard any Content you submitted to the Site for any reason if Dobai, LLC believes you have violated or acted inconsistently with the terms of this Agreement.  Termination of your access to the Site may be effected without prior notice. Dobai, LLC will not be liable to you or any third-party for termination of your access to the Site. 


 

      12.   RELATIONSHIP

Your use of the Site does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and Dobai, LLC. Use of the Site does not provide you with the authority to enter into any agreements for or on behalf of Dobai, LLC. Moreover, use of the Site does not grant you the authority, either express or implied, to incur obligations or liability on behalf of Dobai, LLC. By using the Site, you agree that no attempts to subject Dobai, LLC to any such obligations or liability will be made.  


 

      13.   WAIVER

Failure by Dobai, LLC to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.


 

      14.   CHOICE OF LAW AND DISPUTE RESOLUTION

This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of Colorado, U.S.A., without regard to its conflict of laws rules. You agree that you will notify Dobai, LLC in writing of any claim or dispute concerning or relating to your use of the Site and give Dobai, LLC a reasonable period of time to address it before bringing any legal action, either individually or as a class member against Dobai, LLC. You agree to submit to the personal jurisdiction of the state and federal courts located in the City Colorado Springs and County of El Paso, Colorado, U.S.A.


 

      15.   OTHER AGREEMENTS

This Agreement shall be subject to any other agreements you have entered into with Dobai, LLC.  If any such agreements conflict with the terms of the instant Agreement, the other agreements shall control.


 

      16.   ADDITIONAL TERMS

Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.


 

      17.   SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.


 

      18.   MODIFICATION

Dobai, LLC reserves the right to modify this Agreement at any time, with or without notice to you.  Thus, you should check the Agreement periodically for changes.  You agree that Dobai, LLC will not be liable to you or any third party for any modifications to the Agreement.


 

      19.   SECTION HEADINGS

The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.


 

      20.   EFFECT

This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.