Please read these Terms of Use ("Terms") carefully as they govern your use of (which includes access to) Dinasty Technologies LLC's personalized services for playing music and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "Services"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Dinasty Technologies, LLC. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Dinasty Technologies, LLC may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. By signing up for, or otherwise using, the Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Services or access any Content. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. Dinasty Technologies, LLC may amend the Terms related to the Services from time to time. Amendments will be effective upon Dinasty Technologies, LLC's posting of such updated Terms or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Service provider These Terms are between you and Dinasty Technologies, LLC, having its office at 200 E Verona Ave #47, Verona, WI 53593 (Dinasty). Age and eligibility requirements BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, to use the Dinasty Service and access any Content, you represent that: any registration and account information that you submit to Dinasty is true, accurate, and complete, and you agree to keep it that way at all times.
Dinasty Service options The Services constitute a technology platform that enables users of Dinasty's applications or websites provided as part of the Services (each, an “Application”) to access, play and enjoy their music library, and publicly available music on free platforms. We provide numerous Dinasty Service options. Certain Dinasty Service options are provided free of charge, while other options require payment before they can be accessed ("Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties. Third-party applications, devices and open source software The Dinasty Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Dinasty does not guarantee that Third-Party Applications and Devices will be compatible with the Dinasty Service. Service limitations and modifications We use reasonable efforts to keep the Dinasty Service operational and to provide you with a personalized, immersive audio experience. However, Dinasty reserves the right to change our Dinasty Service offerings and their availability from time to time, without notice or liability to you. For example: • The Dinasty Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements. • We aim to evolve and improve the Dinasty Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the Dinasty Service (including particular functions, features, subscription plans, and promotional offerings). • Dinasty has no obligation to provide any specific content through the Dinasty Service. Dinasty has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other Dinasty Service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
Creating a Dinasty account You may need to create a Dinasty account to use all or part of the Dinasty Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Dinasty may reclaim, or require you to change, your username for any reason. Your rights to use the Dinasty Service Access to the Dinasty Service Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Dinasty Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Dinasty. You agree that you will not redistribute or transfer the Dinasty Service or the Content. The Dinasty software applications and the Content are licensed, not sold or transferred to you, and Dinasty and its licensors retain ownership of all copies of the Dinasty software applications and Content even after installation on your Devices. Dinasty's proprietary rights The Dinasty Service and the Content are the property of Dinasty or Dinasty's licensors. All Dinasty trademarks, service marks, trade names, logos, domain names, and any other features of the Dinasty brand ("Dinasty Brand Features") are the sole property of Dinasty or its licensors. These Terms do not grant you any rights to use any Dinasty Brand Features whether for commercial or non-commercial use. You agree to abide by the Dinasty User Guidelines and not to use the Dinasty Service, the Content, or any part thereof in any manner not expressly permitted by these Terms. Payments and cancellation Billing You may purchase a Paid Subscription directly from Dinasty or through a third party either by: • paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or • prepayment giving you access to the Dinasty Service for a specific time period ("Prepaid Period"). Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge. If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Dinasty Service in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription. Price and tax changes Dinasty may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Prepaid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Dinasty Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect. Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide. Renewal and cancellation With the exception of Paid Subscriptions for a Prepaid Period, your payment to Dinasty or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Dinasty Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
Monitoring user content Dinasty may, but has no obligation to, monitor or review User Content. Dinasty reserves the right to remove or disable access to any User Content for any or no reason. Dinasty may take these actions without prior notification to you. User Content You retain ownership of your User Content when you post it to the Dinasty Service. However, in order for us to make your User Content available on the Dinasty Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to Dinasty a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Dinasty Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. Feedback If you provide ideas, suggestions, or other feedback in connection with your use of the Dinasty Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Dinasty without restriction and without payment to you. Feedback is considered a type of User Content under these Terms. Your Device You also grant to us the right (1) to allow the Dinasty Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Dinasty Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. Content experience In any part of the Dinasty Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Dinasty's agreements with third parties. Some Content licensed by, provided to, created by, or otherwise made available by Dinasty may incorporate advertising or other promotional messages. Infringement claims Dinasty respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please see the Dinasty Copyright Policy.
Suspending and terminating the Dinasty Service These Terms will continue to apply to you until terminated by either you or Dinasty. Dinasty may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Dinasty Service at any time if we believe you have breached any of these Terms, if we stop providing the Dinasty Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or Dinasty terminate these Terms, or if Dinasty suspends your access to the Dinasty Service, you agree that Dinasty shall have no liability or responsibility to you, and (except as expressly provided in these Terms) Dinasty will not refund any amounts that you have already paid.
THE DINASTY SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, DINASTY AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER DINASTY NOR ANY OWNER OF CONTENT WARRANTS THAT THE DINASTY SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, DINASTY MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DINASTY SERVICE OR ANY HYPERLINKED WEBSITE, AND DINASTY IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM DINASTY SHALL CREATE ANY WARRANTY ON BEHALF OF DINASTY. WHILE USING THE DINASTY SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE DINASTY SERVICE IS TO UNINSTALL ANY DINASTY SOFTWARE AND TO STOP USING THE DINASTY SERVICE. YOU AGREE THAT DINASTY HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE DINASTY SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO DINASTY, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRDPARTY APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DINASTY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE DINASTY SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER DINASTY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE DINASTY SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO DINASTY DURING THE TWELVE MONTHS PRIOR TO THE CLAIM. For clarification, these Terms do not limit Dinasty's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, (1) these Terms are not intended to grant rights to anyone except you and Dinasty; and (2) in no event shall these Terms create any third-party beneficiary rights. If you have downloaded any of our mobile software applications (each, an "App") from the any app store ("App Store") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding App Store. These Terms are between you and Dinasty only, not with App Store, and App Store is not responsible for the Dinasty Service and the content thereof. App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Dinasty Service. In the event of any failure of the Dinasty Service to conform to any applicable warranty, you may notify App Store and App Store will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, App Store has no other warranty obligation whatsoever with respect to the Dinasty Service. App Store is not responsible for addressing any claims by you or any third party relating to the Dinasty Service or your possession or use of the Dinasty Service, including: (1) product liability claims; (2) any claim that the Dinasty Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. App Store is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Dinasty Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Dinasty Service. App Store, and App Store's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You agree to indemnify and hold Dinasty harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Dinasty terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Dinasty Service; and (4) your violation of any law or the rights of a third party.
These Terms and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms or your relationship with Dinasty as a user of the Dinasty Service ("Dispute") are governed by and shall be construed in accordance with the laws of the state of Wisconsin, except to the extent preempted by or inconsistent with federal law. Further, you and Dinasty agree to the exclusive jurisdiction of the federal or state courts located in Madison, Wisconsin, to resolve any Dispute that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial.
This Arbitration Agreement section sets forth the terms and conditions pursuant to which Disputes between you and Dinasty will be resolved through individual arbitration ("Arbitration Agreement").
Subject to the exceptions set forth in the "Exceptions to arbitration" section below, you and Dinasty agree that any Dispute between you and Dinasty (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by binding individual (not class) arbitration. The arbitrator has the authority to rule on all issues except that a court has exclusive authority to: (1) decide arbitrability, as well as scope, validity, and enforceability of this Arbitration Agreement; (2) decide whether you and Dinasty have complied with the pre-arbitration filing requirements (including the requirements described in the "Pre-arbitration notice of dispute and informal resolution period" section below); (3) enforce the prohibition on class or representative actions; (4) enforce the provisions regarding mass arbitrations; and (5) enjoin an arbitration from proceeding if it does not comply with this Arbitration Agreement. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator can award the same damages and relief as a court (including attorneys' fees and costs where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
You and Dinasty both agree that any Dispute relating to any actual or alleged infringement of your or Dinasty's intellectual property rights shall be brought in the federal courts of Madison, Wisconsin, and that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of your or Dinasty's rights, at any time, to elect to have an individual action heard in: (1) a U.S. small claims court (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction); or (2) a court of law, in accordance with the jurisdiction and venue described in the "Governing law, jurisdiction, and jury trial waiver" section above, seeking only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
YOU AND DINASTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. Unless both you and Dinasty agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.
A party who intends to seek arbitration must first send a written notice of the Dispute ("Notice") to the other. Notices to Dinasty must be sent by email to info@dinasty.us, and Notices to you must be sent to the email address associated with your Dinasty account. All Notices must: (1) be personally signed by the party sending the Notice; (2) provide the relevant user's name, email address associated with the user's Dinasty account, and Dinasty username; (3) describe with specificity the nature and basis of the Dispute; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. After a Notice containing all of the information required above is received, the parties agree to engage in good faith for a period of sixty (60) days in an effort to resolve the Dispute (this time period may be extended by agreement of the parties) ("Informal Resolution Period"). The party receiving the Notice may request a telephone or video settlement conference during the Informal Resolution Period in an effort to facilitate resolution of the Dispute ("Informal Settlement Conference"). The Informal Settlement Conference, if any, will take place at a mutually agreeable time, which can be after the sixty (60) day Informal Resolution Period if needed to accommodate the parties' schedules. During the Informal Settlement Conference, you and a Dinasty representative must both personally participate in a good-faith effort to resolve the Dispute without the need to proceed with arbitration. Any counsel representing the parties also may participate. Personal participation in an Informal Settlement Conference will not be required if both you and Dinasty agree in writing. The Notice, Informal Resolution Period, and Informal Settlement Conference are intended to give the parties a meaningful opportunity to resolve Disputes informally. If any aspect of this "Pre-arbitration notice of dispute and informal resolution period" section has not been met, the parties agree that a court can enjoin the filing or prosecution of an arbitration and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration nor demand fees in connection with such an arbitration. Notwithstanding the foregoing, a party retains the right to raise non - compliance with the requirements of this section and seek appropriate relief in arbitration. Any applicable statute of limitations or contractual limitations period will be tolled for any claims and requests for relief set forth in a Notice from the date that either you or Dinasty sends the other a fully complete Notice until: (1) thirty (30) days after completion of the Informal Resolution Period, if no Informal Settlement Conference is held; or (2) thirty (30) days after completion of the Informal Settlement Conference if an Informal Settlement Conference is held ("Tolling Period"). Neither you nor Dinasty may commence an arbitration proceeding until after the Tolling Period has ended.
Either you or Dinasty may start arbitration proceedings. Any arbitration between you and Dinasty will be administered by National Arbitration and Mediation ("NAM") in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings ("NAM Rules"), as modified by this Arbitration Agreement. You and Dinasty agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this Arbitration Agreement (despite the choice of law provision above). The NAM Rules, as well as instructions on how to file a demand for arbitration ("Demand") with NAM, appear at www.namadr.com/resources/rules-feesforms/. The Demand must attach the relevant Notice and be personally signed by the party initiating the arbitration (and their counsel, if represented). If NAM is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with this Arbitration Agreement, then another administrator that will do so will be selected by agreement of the parties. If the parties cannot agree, then they will jointly petition a court to appoint an administrator that will do so. To start an arbitration, the claimant shall send a copy of the Demand to NAM and the other party. If you initiate arbitration, you shall serve the Demand on Dinasty via email at info@dinasty.us. If Dinasty initiates arbitration, Dinasty shall serve the Demand on you at the email address associated with your Dinasty account. The claimant must certify in the Demand that the requirements set forth in the "Pre-arbitration notice of dispute and informal resolution period" section above have been met and must attach a copy of the Notice to the Demand. Each party retains the right to request a hearing in arbitration from the arbitrator. Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be in the county or parish where you reside or at another agreed upon locale. As in court, any counsel participating in an arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel. Dinasty will pay all filing, administration, case-management, hearing, and arbitrator fees ("Arbitration Fees") if it initiates an arbitration. If you choose to file an arbitration proceeding, the allocation and payment of Arbitration Fees will be governed by the NAM Rules, unless a different allocation is required by court order or for this Arbitration Agreement to be enforced. You and Dinasty agree that arbitration should be cost effective for all parties. Either party may engage with the arbitration administrator regarding fee reductions and deferred payments. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may consider rulings in other arbitrations involving different users, but an arbitrator's ruling will not be binding in any proceeding involving different users. The arbitrator may make rulings and resolve any disagreements as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits. An arbitration award that has been satisfied may not be filed or entered in court.
If in the process of arbitrating or litigating a Dispute this Arbitration Agreement is invalidated in whole, the parties agree that they may seek to resolve the Dispute in a U.S. small claims court or in the federal or state courts of Madison, Wisconsin, consistent with the "Governing law, jurisdiction, and jury trial waiver" section above. To the fullest extent permitted by applicable law, each party may bring a Dispute against the other party only in an individual capacity and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. Notwithstanding the foregoing, either party may participate in a class-wide settlement.
Under applicable law, you may have certain rights that can't be limited by a contract. These Terms are in no way intended to restrict those rights.
We may make changes to these Terms (including any additional Dinasty terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Dinasty Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the Dinasty Service, or other means). Your use of the Dinasty Service following any changes to these Terms will constitute your acceptance of such changes. Premium Subscribers who do not wish to continue using the Dinasty Service under the updated Terms must close their Dinasty account prior to their renewal date or thirty (30) days after the Effective Date, whichever occurs first. If Dinasty makes any material change to the Arbitration Agreement (other than a change to the notice address), you may reject any such change by sending us a personally signed, written notice of your decision to opt out of those changes via email to info@dinasty.us. This opt-out notice must be sent within thirty (30) days of when we notify users of the change and include: (1) your name, address, email address associated with your Dinasty account, phone number, and Dinasty username. Such an opt-out must be sent by you personally from your personal email address, and not by your agent, attorney, or anyone else purporting to act on your behalf. The opt-out notice must include a statement that you wish to reject the change to the Arbitration Agreement. Opting out of a material change to the Arbitration Agreement is not an opt-out of arbitration altogether. Even if you opt out of a material change to the Arbitration Agreement, you and Dinasty agree that any Dispute will be determined by binding individual (not class) arbitration in accordance with the Arbitration Agreement in effect immediately before any such opt-out.
Other than as stated in this section or as explicitly agreed upon in writing between you and Dinasty, these Terms constitute all the terms and conditions agreed upon between you and Dinasty and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Dinasty or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Dinasty's or the applicable third-party beneficiary's right to do so.
Dinasty may assign any or all these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.
You agree to indemnify and hold Dinasty and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Dinasty, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Dinasty provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Dinasty nor any Dinasty's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of Dinasty are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might incur, the entire liability of Dinasty and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the app. To the maximum extent permitted by applicable law, in no event shall Dinasty or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if Dinasty or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This Agreement, together with the Privacy Policy and any other legal notices published by Dinasty on the Services, shall constitute the entire agreement between you and Dinasty concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Dinasty's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Dinasty AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. o failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Dinasty reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Dinasty.
The Agreement constitutes the entire agreement between you and Dinasty regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and Dinasty. You may be subject to additional terms and conditions that apply when you use or purchase other Dinasty's services, which Dinasty will provide to you at the time of such use or purchase.
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Dinasty, its licensors or other providers of such material and are protected by TR and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Dinasty, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.