Dabster Entertainment

Terms of Service

Dabster Entertainment LLC

Terms of Service

Agreement to be Bound

These Terms of Service (these "Terms of Service” or these “Terms”), as amended from time to time, govern your use of any online or mobile product or service to which you have access, install or play as well as any Dabster Entertainment Account you use to access online or mobile products or services (together, the “Service“) offered by Dabster Entertainment LLC or any of its subsidiaries and affiliates (collectively, “We”,“Us” or“Dabster Entertainment“).


BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING DABSTER ENTERTAINMENT’S SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Dabster Entertainment Privacy Policy, or any other Dabster Entertainment policy, rule or code of conduct relating to your use of the Service, you must immediately stop using the Service in which event your license to use the Service will immediately terminate.

In some cases, a certain Service may require you to read and agree to specific terms and conditions. Your right to use that Service is subject to those specific terms and these Terms of Service. To the extent these Terms of Service or Dabster Entertainment Privacy Policy conflict with any other Dabster Entertainment terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Dabster Entertainment Privacy Policy will govern.

You agree that you are (and if you are under the age of 13, your legal guardian is) fully able and competent to agree to, and comply with, these Terms of Service.

Privacy Policy

Use of the Service is also governed by Dabster Entertainment’s Privacy Policy, which is incorporated herein by reference. Our Privacy Policy contains important information about how we collect and use your content and personal data and how you can use the Service to share such information with others. We encourage you to read the Privacy Policy carefully and use it to make informed decisions.

Updates to the Terms of Service and Dabster Entertainment Privacy Policy

Dabster Entertainment reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and our Privacy Policy at any time by posting the amended Terms on or within the Service or on our website. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective the day they are initially posted. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Dabster Entertainment had actual notice before the date of the amendment. You understand that the Service is an evolving one. Dabster Entertainment may require that you accept updates to the Service and products that you have installed on your device. You acknowledge and agree that Dabster Entertainment may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service.

Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Dabster Entertainment policies, Dabster Entertainment grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

You agree not to:

a) modify or copy the materials;

b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

c) attempt to decompile or reverse engineer any software contained on Dabster Entertainment’s web site;

d) remove any copyright or other proprietary notations from the materials; or

e) transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Dabster Entertainment at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Links to Third-Party Sites

The Service may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Dabster Entertainment does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER DABSTER ENTERTAINMENT NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE “DABSTER ENTERTAINMENT PARTIES“) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE DABSTER ENTERTAINMENT PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE DABSTER ENTERTAINMENT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DABSTER ENTERTAINMENT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF DABSTER ENTERTAINMENT.

Indemnification

You agree to indemnify, save, and hold the Dabster Entertainment Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Dabster Entertainment reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Dabster Entertainment, and you agree to cooperate with Dabster Entertainment’s defense of these claims. Dabster Entertainment will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of the Service.

General Provisions

Assignment

Dabster Entertainment may assign or delegate these Terms of Service and/or the Dabster Entertainment Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Dabster Entertainment’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Supplemental Policies

Dabster Entertainment may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including Dabster Entertainment’s Privacy Policy), contain the entire understanding of you and Dabster Entertainment, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.

Governing Law

Any claim relating to Dabster Entertainment’s web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.

Severability

You and Dabster Entertainment agree that if any portion of these Terms of Service or of the Dabster Entertainment Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

No Waiver

The failure of Dabster Entertainment to require or enforce strict performance by you of any provision of these Terms of Service or the Dabster Entertainment Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Dabster Entertainment’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Dabster Entertainment of any provision, condition, or requirement of these Terms of Service or the Dabster Entertainment Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Dabster Entertainment shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Dabster Entertainment.

Notices

We may notify you via postings on www.dabsterent.com, and via e-mail or by any other communication means using the contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Dabster Entertainment Privacy Policy shall be in writing and addressed to:

Dabster Entertainment LLC., info@dabsterent.com

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

This document was last updated on August 20, 2017

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