Last updated November 21, 2007
Welcome to the Dashwire service! Dashwire provides its service and related software (collectively, the “Service”) subject to these Terms of Service.
IMPORTANT—READ CAREFULLY: PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING THE SERVICE VIA THE WEB OR MOBILE PHONE. THESE TERMS OF SERVICE (THIS “AGREEMENT”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND DASHWIRE, INC. (“DASHWIRE”). BY COMPLETING THE DASHWIRE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR POSTING CONTENT ON THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE BUTTON BELOW ACCEPTING THIS AGREEMENT AND DO NOT USE THE SERVICE.
DATA USAGE: YOUR USE OF THE SERVICE INVOLVES THE TRANSMISSION OF DATA TO AND FROM YOUR MOBILE PHONE, WHICH MAY BE SUBJECT TO CARRIER DATA CHARGES. FOR THIS REASON DASHWIRE STRONGLY RECOMMENDS THAT YOU OBTAIN AN UNLIMITED DATA PLAN FROM YOUR WIRELESS SERVICE PROVIDER. REVIEW YOUR WIRELESS PLAN OR CONTACT OR CARRIER ABOUT PRICING BEFORE USING THE SERVICE. DASHWIRE WILL NOT BE RESPONSIBLE FOR ANY DATA CHARGES INCURRED IN CONNECTION WITH THE SERVICE.
BETA VERSION: You understand that the Service is still in the Beta stage of development and may contain errors, bugs and other problems that could cause system failures. The testing and quality assurances of the Service have not yet been completed and use of the Service and the Service content is at your sole risk.
MODIFICATIONS: Dashwire reserves the right, at is sole discretion, to change, modify, add or remove portions of this Agreement at any time. When this Agreement is modified, Dashwire will revise the “Last Updated” date above. It is your responsibility to check the terms in this Agreement periodically for changes. Your continued use of the Service following the posting of changes to the Agreement will be subject to the then current Terms of Service, which shall supersede all earlier versions.
You must be 13 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that your use of the Service will not violate any applicable law or regulation. You represent and warrant that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, and abide by the terms of this Agreement. The Service is not intended for children under the age of 13.
Use of the Service and downloading the Dashwire application to your mobile device require a data connection through your wireless carrier. You may incur data charges in connection with your use of the Service. You are solely responsible for any charges that you incur with your wireless carrier in connection with your use of the Service.
Dashwire does not provide you with the equipment to access the Service or use the Software. You are responsible for all fees charged by third parties to access the Service (e.g., data charges by wireless carriers).
Dashwire reserves the right to modify or discontinue, temporarily or permanently, all or part of the Service without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Subject to the terms of this Agreement, Dashwire will grant to you a limited, personal, non-exclusive, non-transferable license to use one copy of the Dashwire software provided to you by Dashwire (the “Software”) to create one account on a single wireless device solely to access the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement.
Except for this license granted to you, Dashwire retains all right, title, and interest in and to the Software, including all related intellectual property rights. The Software is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or disable any security or technological features or measures in the Software.
Your use of the Service is governed by the Dashwire Privacy Policy, which is available at http://www.dashwire.com/about/privacy and incorporated by reference into these terms.
You acknowledge that you are responsible for the information and material that you (or your representatives) submit to the Service or transmit through the Service (your “Content”), and that you, and not Dashwire, will have full responsibility for each of your Content, including its legality, reliability, appropriateness, and originality. Unless otherwise expressly stated in this Agreement or in the Dashwire Privacy Policy, you agree that any Submission provided by you in connection with your use of the Service is provided on a non-proprietary and non-confidential basis.
You will retain all ownership rights in Content that you create and upload to Dashwire. When you submit Content to Dashwire, in order to allow us to deliver our service of backing up and mirroring your mobile phone on the web, you hereby grant to Dashwire, a non-exclusive, royalty-free, worldwide license to use, copy, modify, sublicense, and distribute your Content on and through the Service (e.g., resizing your images to render for contact photos, organizing into folders, or sharing with friends). Content that is part of your private profile (e.g., your contacts, photos, videos, calls, SMS messages) are subject to the Dashwire Privacy Policy and will not be distributed to third parties unless directed by you (e.g., thru making your content accessible to friends or visitors to Dashwire, or via RSS feed) or as otherwise described in the Dashwire Privacy Policy. You represent and warrant that: (i) you own all right title and interest in your Content or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Content on or thru the service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owning any person by reason of any Content posted by you on or thru the Service. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any Content.
Dashwire does not actively monitor your postings to the Service. However, in our efforts to promote good citizenship within the Dashwire community, if Dashwire becomes aware of inappropriate use of the Service, Dashwire may respond in any way that Dashwire deems appropriate in its sole discretion. You acknowledge that Dashwire may report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Dashwire may cooperate with law enforcement agencies in any investigation of alleged illegal activity.
Dashwire may remove any Submission that Dashwire determines, in its sole discretion, violates the terms of this Agreement or are otherwise deemed by Dashwire to be inappropriate for posting.
Dashwire asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting Content to or otherwise using the Service, you agree not to:
You agree that your Dashwire profile (or other Content) will not include any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Notwithstanding the foregoing, you acknowledge that Dashwire does not, and can not, actively monitor cContentontent for content, and therefore you may be exposed to inaccurate, inappropriate, offensive or sexually explicit material posted by other users to the Service, and Dashwire assumes no responsibility or liability for this material. If you become aware of any inappropriate content posted to the Service, please notify Dashwire by email at content@dashwire.com. Dashwire does not endorse and has no control over profile information or other Content. Profile information and other Content are not necessarily reviewed by Dashwire prior to posting and do not necessarily reflect the opinions or policies of Dashwire.
Any materials on the Service that are provided by Dashwire or its licensors, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the “Materials”) are copyrighted materials owned by or licensed to Dashwire. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Dashwire and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Service, you are hereby authorized to view, download, cache, copy and print the Materials (exclusive of software code) solely for personal use and not for resale or further distribution, subject to the following conditions:
Any copy of the Materials or portion thereof must include the Dashwire copyright notice.
Dashwire reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Dashwire.
Nothing contained in the Service shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Dashwire, its affiliates, or any third party, and, except as expressly provided in this Agreement all such IP Rights in the Materials and the Service are expressly reserved to Dashwire, its affiliates, and any third party, as applicable.
Dashwire respects the intellectual property rights of others, and asks you to do the same. It is the policy of Dashwire to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Dashwire at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Dashwire’s designated agent for notice of copyright infringement can be reached at:
Dashwire Inc.
Attention: Copyright Compliance Officer
10708 Main Street #505
Bellevue, WA 98004 USA
[Phone:] +1 425-296-7590
[Facsimile:] +1 425-818-3712
[Email:] content@dashwire.com
You agree that you will only use the Service for personal use and not in connection with any commercial endeavors, including without limitation, advertisements, affiliate links, and other forms of solicitation, the posting of which may be removed from your profile without notice and may result in termination of your access to the Service.
You are granted a limited, nonexclusive right to create a “hypertext” link to the Dashwire website provided that such link does not portray Dashwire or any of its products, services or users in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Dashwire trademark, logo or trade name or other proprietary information including the images found at the Dashwire website, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Dashwire.
The Service may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Dashwire. If you use these links, you may leave the Dashwire Service. Dashwire has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Dashwire does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Service, you do so entirely at your own risk.
The Service may contain advertising and other mention or offers of third-party products and services. Dashwire makes no recommendations or endorsements about third-party products and services. Third-party products and services (and references thereto) are provided by Dashwire “as is,” without warranty of any kind, either express, implied or statutory, including, without limitation, the implied warranties of non-infringement of third party rights, merchantability, and fitness for a particular purpose.
Certain areas of the Service may be password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Dashwire if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Dashwire of any unauthorized use of your account or any other breach of security in relation to your password or the Service that is known to you by contacting support@dashwire.com.
Your use of the service is at your sole risk. the service is provided on an “as is” and “as availible” basis. Dashwire makes no, and hereby disclaims all warranties, express, implied and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, compliance with Federal, State and local regulations, the accuracy, timeliness, relevance or completeness of the Service or any other warranties regarding the Service, content, or the quality, suitability or truth of any content contained on the Service or included as part of the Service. You acknowledge and agree that Dashwire does not warrant that access to the Service will be uninterrupted or error-free. Dashwire specifically denies any responsibility for the accuracy or quality of information obtained through our Service. any material downloaded or otherwise obtained through the use of the SERVICE is done at your own discretion and risk and you will be solely responsible for any damage to your equipment or DEVICE, loss of data, or DATA OR SERVICE CHARGES that result from the download of any material through the service.
You agree that Dashwire shall not be liable to you or any third party claiming through you for any damages in connection with your inability to use the service or any content appearing on the Service. In no event will Dashwire be liable to you or any third party claiming through you for any Direct, indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Dashwire has been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Dashwire for damages under this Agreement exceed the amounts paid by you to Dashwire, if any, for the Service during the six months immediatly preceeding the event giving rise to such damages.
If you violate this Agreement, Dashwire reserves the right to terminate service to you without notice. You understand that Dashwire has the right to terminate any account for any reason that Dashwire interprets as abuse of the service.
You agree to defend, indemnify and hold harmless Dashwire, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs of debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content caused damage to a third party. This defense and indemnification obligation will survive the expiration or termination of this Agreement for any reason and your use of the Service.
Dashwire operates the Service from its facilities in the United States of America and makes no representation that the Service is appropriate or will be available for use in other locations. If you use the Service from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Service, your Content and any third party content.
Enforcement of this Agreement will be governed by the laws of the State of Washington, USA, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Service will lie in the Superior Court of King County in the State of Washington, or the United States District Court for the Western District of Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Dashwire to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Dashwire in writing. In the event that a court of competent jurisdiction finds any provision of this agreement to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or in part by Dashwire without restriction.
Dashwire can be reached using the following contact information:
Dashwire Inc.
Attn: Customer Service
10708 Main Street #505
Bellevue, WA 98004 USA
