Terms of Use
1 Contractual Relationship
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.
2 The Services
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.
3 Your Use of the Dinasty Service
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.
4 Content and Intellectual Property Rights
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.
5 Customer Support, Information, Questions, and
Complaints
Customer support, information, questions, and complaints
For customer support with account- and payment-related questions ("Customer
Support Queries"), please contact us at info@dinasty.us
- 6 Problems and Disputes
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.
Warranty disclaimers
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.
Limitation of liability and time for filing a claim
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.
Third-party rights
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.
Indemnification
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.
Governing law, jurisdiction, and jury trial waiver
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.
ARBITRATION AGREEMENT
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").
Dispute resolution and arbitration
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.
Exceptions to arbitration
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).
No class or representative proceedings and class action waiver
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.
Pre-arbitration notice of dispute and informal resolution period
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.
Arbitration rules and fees
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.
Enforceability
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.
7 About These Terms
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.
Changes
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.
Entire agreement
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.
Severability and waiver
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.
Assignment
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.
Indemnification
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.
No Warranties
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.
Limitation of Liability
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.
Severability
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.
Waiver
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.
Amendments to this Agreement
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.
Entire Agreement
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.
Updates to Our Terms
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.
Intellectual Property
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.