Dakota Network TERMS OF SERVICE
Application and Acceptance of the Terms
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract, or (b) you are not permitted to receive any Services under the laws of the state or jurisdiction where you are located, the United States of America, or other countries and regions including those in which you are resident or from which you use the Services.
In addition, the use of the Services is subject to certain qualification and standards. To qualify for use of the Services, you must be an employee or representative of a business entity that qualifies for certain investment activities under applicable law. The Service is not available to individual investors or members of the public. Upon enrolling for use of the Services, you will be asked to provide certain information to verify your qualification to use the Services. You agree that all such information will be accurate and complete at the time it is submitted and that you will update your account with the Dakota Network in the event any such information changes. If you fail to qualify at any time, you may not use or access the Services.
You acknowledge and agree that we may amend any Terms at any time by posting the relevant amended and restated Terms at http://dakota.network. By continuing to use the Services, you agree that the amended Terms will apply to you.
You may be required to enter into a separate agreement, whether online or offline, with Dakota Network for any Service (“Separate Agreements”). If there is any conflict or inconsistency between the Terms and a Separate Agreement, the Separate Agreement shall take precedence over the Terms only in relation to that Service concerned. The Terms may not otherwise be modified except in writing by an authorized officer of Dakota Network.
Provision of Services
You must register as a subscriber and create an account in order to access and use the Services. Further, Dakota Network reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to certain categories or types of users or subject to other conditions that Dakota Network may impose in our discretion. Subject to you qualifying to use the Services and your compliance with the other terms and conditions of these Terms and any Separate Agreements, you are hereby granted the non-exclusive right to access and use the Services for your own internal business purposes.
Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for users. Dakota Network may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different users.
Dakota Network may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, users shall be notified no less than fourteen (14) days prior to any change in such Service. Some Services may be provided by Dakota Network’s affiliates on behalf of Dakota Network.
As a condition of your access to and use of or Services, you agree that you will comply with all applicable laws and regulations when using the Services.
You agree to use the Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, re-publish, sell, rent, lease, sublicense, distribute, resell or create derivative works of, or permit any third party to access, use or display, any portion of the Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc., available on or through the Services (the “Services Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Services Content for the purposes of operating a business that competes with Dakota Network, or otherwise commercially exploiting the Services Content. Systematic retrieval of Services Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Dakota Network is prohibited. Use of any content or materials on the Services for any purpose not expressly permitted in the Terms is prohibited.
You agree not to undertake any action to undermine the integrity of the computer systems or networks of Dakota Network or any other user nor to gain unauthorized access to such computer systems or networks.
A User must be registered to access or use some Services. In order to register, Users must submit certain information regarding themselves and the business entity that they represent. Such information may include a valid email address, firm or company name, and central registry deposit number for FINRA. You agree to maintain and update such information so that it remains accurate and complete at all times during your use of the Services. Dakota Network reserves the right to modify such required information from time to time.
Upon registration, Dakota Network shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
A User ID and password is unique to a single account. Each User shall be solely responsible for maintaining the confidentiality and security of your User ID and password and for all activities that occur under your account. No User may share, assign, or permit the use of your User account, ID or password by any other person. User agrees to notify Dakota Network immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
User agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Separate Agreements or rules, subscribing to or making any payment for any services, or sending emails or SMS messages from your account) will be deemed to have been authorized by the User. User acknowledges that sharing of your account with other persons or allowing other persons to use your account (collectively, “multiple use”) may cause irreparable harm to Dakota Network or other Users of the Services. User shall indemnify Dakota Network, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. User also agrees that in case of the multiple use of your account or User’s failure to maintain the security of your account, Dakota Network shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s account without liability to User or otherwise.
Each User represents, warrants and agrees that (a) you have full power and authority to accept the Terms on behalf of yourself and the entity or company that you represent, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
As described above, each User will be required to provide information or material about your entity, business or products and services as part of the registration process or your use of any Services or the user account. Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Each User represents, warrants and agrees that you shall:
carry on your activities on the Services in compliance with any applicable laws and regulations;
conduct your business transactions with other Users of the Services in good faith;
carry on your activities in accordance with the Terms and any applicable Separate Agreements;
not use the Services or Services to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit or debit cards or bank account information);
not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
not engage in spamming or phishing;
not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
not attempt to copy, reproduce, exploit or expropriate Dakota Network’s various proprietary directories, databases and listings;
not submit any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
not engage in any scheme to undermine the integrity of the data, systems or networks used by Dakota Network and/or any User or in any scheme to gain unauthorized access to such data, systems or networks;
not engage in any activities that would otherwise create any liability for Dakota Network or our affiliates.
User agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Dakota Network’s provision of the Services, evaluating whether User has breached the Terms or handling of any complaint against any User. If User’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Dakota Network shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
User acknowledges and agrees that Dakota Network shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services. Dakota Network does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
User acknowledges and agrees that the Services may only be used by businesses and their representatives and customers for business use and not for individual consumers or for personal use.
User acknowledges and agrees that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions and to ensure that all use of the Services are in compliance with the same.
Breaches by Users
If any User breaches any Terms or if Dakota Network has reasonable grounds to believe that any User is in breach of any the Terms, Dakota Network shall have the right to impose a penalty against the User, or suspend or terminate the User’s account or subscription of any Service without any liability to the User. Dakota Network shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Dakota Network. The penalties that Dakota Network may impose include, among others, warning, removing any product listing or other User Content that the User has submitted, posted or displayed, imposing restrictions on the number of product listings that the User may post or display, or imposing restrictions on the User’s use of any features or functions of any Service for such period as Dakota Network may consider appropriate in our sole discretion.
Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:
upon complaint or claim from any third party, Dakota Network has reasonable grounds to believe that such User has willfully or materially failed to perform your contract with such third party,
Dakota Network has reasonable grounds to suspect that such User has used any false or misleading information in the use of the Services or with any other user,
Dakota Network has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or
Dakota Network believes that the User’s actions may cause financial loss or legal liability to Dakota Network or our affiliates or any other Users.
Dakota Network reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Dakota Network may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Dakota Network shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against Dakota Network for such disclosure.
Dakota Network may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the User’s use of any Service or the Services without being liable to the User if Dakota Network has received notice that the User is in breach of any agreement or undertaking with any affiliate of Dakota Network and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Dakota Network shall have the right to publish the records of such breach on the Services. Dakota Network shall not be required to investigate such breach or request confirmation from the User.
Each User agrees to indemnify Dakota Network, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Services, or from your breach of the Terms.
Each User further agrees that Dakota Network is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. Dakota Network reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with Dakota Network in asserting any available defenses.
Transactions Made Through The Services
Dakota Network provides electronic web-based platforms for exchanging information between investment managers, analysts and other qualified market participants. As such, Dakota Network does not represent any User in any specific activity through the Services. However, in certain, limited circumstances, certain of Dakota Network’s affiliates may have relationships with and provide other services to certain Users of the Services. Such services are separate from the Services and the Dakota Network does not provide or bear any responsibility for any such services. Dakota Network does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products offered for sale or described through the Services.
Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Dakota Network uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Services. However, because user verification on the Internet is difficult, Dakota Network cannot and does not confirm each User's purported identity (including, without limitation, paying Users). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
Each User acknowledges that it is fully assuming the risks of conducting any communications or transactions in connection with using the Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Services. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unlawful products, and breach of contract. Such risks also include the risks that the distribution, display, and use of User Content displayed on the Services may violate or may be asserted to violate any Third Party Rights (as defined below), and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by claimants of Third Party Rights. All of the foregoing risks are hereafter referred to as "Transaction Risks." Each User agrees that Dakota Network shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Services, including, without limitation, terms regarding payment, fees, and taxes.
Each User agrees to provide all information and materials as may be reasonably required by Dakota Network in connection with its transactions conducted on, through or as a result of use of the Services. Dakota Network has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Dakota Network (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY DAKOTA NETWORK ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND DAKOTA NETWORK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAKOTA NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICES; DAKOTA NETWORK DOES NOT REPRESENT OR WARRANT THAT THE DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OFFERED OR PRODUCTS OR USER CONTENT DISPLAYED ON THE SERVICES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND DAKOTA NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SERVICES.
Any material downloaded or otherwise obtained through the Services is done at each User's sole discretion and risk and each User is solely responsible for any damage to Dakota Network’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Dakota Network or through or from the Services shall create any warranty not expressly stated herein. Although Dakota Network may make User Content available through the Services, you should not construe such information as advice, and Dakota Network assumes no responsibility for any such User Content made available on or submitted to the Services. Dakota Network does not make recommendations or offer investment advice of any kind. You bear the sole responsibility of evaluating the merits and risks associated with the use of any Content that is made available through the Services. You further acknowledge and agree that any investment decisions that you make, whether or not in connection with Content made available through the Services, are entirely at your election and the Services solely provide additional sources of information that you may or may not elect to use in making such determinations.
Each User hereby agrees to indemnify and hold Dakota Network, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Services (including but not limited to the display of such User's information on the Services) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and hold Dakota Network, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Dakota Network.
Each User hereby further agrees to indemnify and hold Dakota Network, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by any claimants of Third Party Rights or other third parties relating to products offered or displayed on the Services. Each User hereby further agrees that Dakota Network is not responsible and shall have no liability to you, for any material posted by others or made available by or through links available through the Services, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Dakota Network reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Dakota Network in asserting any available defenses.
Although the Services may contain links to third party sites, Dakota Network is not responsible for the Content or privacy policies displayed or employed by any linked sites. Dakota Network provides these links as a convenience and does not endorse the companies or contents of any linked sites. Dakota Network bears no liability for the content appearing on any linked sites; for the use or reliance upon the information that appears upon the linked sites; or for the products or services offered therein.
Dakota Network shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
the use or the inability to use the Services, including loss of data or downtime;
any malfunction on the Internet with the Services, including failure to deliver notifications to Users;
violation of Third Party Rights or claims or demands that User's distribution, offer, display, purchase, sale or use of products or services offered or displayed on the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by claimants of Third Party Rights;
unauthorized access by third parties to data or private information of any User;
statements or conduct of any User of the Services or any information made available by or through links available through the Services, including misleading, malicious, or criminal use of the Service by a User; and
any matters relating to Services however arising, including negligence.
Notwithstanding any of the foregoing provisions, the aggregate liability of Dakota Network, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid, if any, to Dakota Network or our affiliates during the calendar year and (b) US$100.00. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Services must be filed within one (1) year from the date the cause of action arose.
Users — not Dakota Network — are solely responsible for compliance with any and all privacy laws in such User’s jurisdiction.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Dakota Network has been advised of or should have been aware of the possibility of any such losses arising.
Under no circumstances shall Dakota Network be held liable for any delay or failure or disruption of the content or services delivered through the Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Intellectual Property Rights
The Services and its original content, features and functionality are owned by Dakota Network and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Services itself.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
Each User represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights; and (d) all User Consent submitted or uploaded to the Services has been reviewed and approved for use in connection with the Services by the User’s compliance officer or personnel and will be used in connection with the Services at all times in compliance with all policies and procedures of the business entity that you represent.
Each User further represents, warrants and agrees that the User Content that you submit, post or display shall:
be true, accurate, complete and lawful;
not be false, misleading or deceptive;
not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
not promote sexually explicit or obscene material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
not violate other Terms or any applicable Separate Agreements
not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service;
not promote any illegal activity, or advocate, promote or assist any unlawful act; or
not contain any link directly or indirectly to any other web Services which includes any content that may violate the Terms.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by Users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. We do not endorse or approve any User Content and make all User Content available to you only as a service and for convenience. The User Content has been prepared without reference to any particular person’s interests, requirements or circumstances and you therefore are solely responsible for evaluating such content’s appropriateness for and application to you. Any User Content posted or submitted to the Services may become unreliable for various reasons, including, for example, changes in market conditions or economic circumstances, among other matters. Neither we nor any third party has any obligation to update any such information or opinions set forth in any Content.
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party Services and feeds). You also hereby do and shall grant each User of the Services a non-exclusive, perpetual license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content in connection with our operation and maintenance of the Services. For clarity, the foregoing license grants to us and our Users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
You are permitted to use the Services for legitimate business purposes by you, your representatives and customers, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Services in any manner, or violating the Content Standards set below. No right, title or interest in or to any content on the Services is transferred to you, and all rights not expressly granted are reserved. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
Dakota Network may have independent third parties involved in the provision of the Services (e.g., third party hosting providers and payment processors). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
All legal notices or demands to or upon Dakota Network shall be made in writing and sent to Dakota Network by courier, certified mail, or email to the following address: Dakota Network, 925 W. Lancaster Ave., Suite 220, Bryn Mawr, PA 19010, Attention: Legal, [email protected]. The notices shall be effective when they are received by Dakota Network in any of the above-mentioned manner.
All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Dakota Network, or by posting such notice or demand on an area of the Services that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (a) Dakota Network is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon Dakota Network posting such notice on an area of the Services that is publicly accessible without charge.
You agree that all agreements, notices, demands, disclosures and other communications that Dakota Network sends to you electronically satisfy the legal requirement that such communication should be in writing.
Specific Copyright Infringement Notices
Dakota Network does not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose User identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless Dakota Network from any claims resulting from any action taken by Dakota Network during or as a result of its investigations and from any actions taken as a consequence of investigations by either Dakota Network or law enforcement authorities.
If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:
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 at a single online Service is covered by a single notification, a representative list of such works at that Service.
Identification of the material 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 us to locate the material.
Information reasonably sufficient for us to contact you, such as email, address, telephone number.
A statement that you 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice should be addressed via certified mail to the address listed above under Notices.
Dakota Network and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
Depending on the nature of your use of our Services additional terms or requirements may apply. Such additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us. These Terms of Service supersede any prior versions of the Terms of Service. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Dakota Network’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Dakota Network’s right to act with respect to subsequent or similar breaches.
Dakota Network shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Dakota Network). You may not assign, in whole or part, the Terms to any person or entity.
The Terms shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. Except as otherwise required by applicable law or regulation or in connection with any disputes relating to a party’s intellectual property rights or for equitable remedies, any legal action or proceeding arising under these Terms will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association then in effect. Such arbitration shall be conducted exclusively in Philadelphia, Pennsylvania, and the parties irrevocably consent to such arbitration in such location. Judgment upon the award or decision rendered by the arbitrator may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial recognition of the arbitration award or an order of enforcement thereof, as the case may be. This agreement to arbitrate shall be specifically enforceable by the parties, and, except as provided herein, they confirm that they intend that all disputes, controversies or claims of any kind shall be arbitrated.