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terms of service

let’s dabble, LLC

terms of service

July 29, 2009

1. Terms

This is a contract, please read this document carefully before accessing or using the www.letsdabble.com website (“the website”) or related Tutorial Services owned and operated by let’s dabble, LLC. By Accessing the website (which includes the Tutorial Services), you are agreeing to be bound by these Terms of Service (TOS). If you do not wish to be bound by these TOS, you may not Access or use the website and should exit immediately. Should you agree, you are agreeing to all applicable local laws and regulations. Furthermore, the materials contained in the website are protected by applicable copyright and trade mark law.

We reserve the right, at our discretion, to remove, add or modify any portion of the TOS at anytime. Modifications to the TOS will be notified to you via email. Continued use of the website is your conclusive acceptance to the updated TOS.

If you do not understand or agree to these TOS, please do not use the website. If you have any questions or concerns regarding the TOS, please contact us at inquiries@letsdabble.com. Do not use the website or its related Services until these questions have been answered and you agree to the TOS.

2. Overview

The website offers the Services of the website itself, the blog, and a membership option, which allows you to Access the let’s dabble Tutorial Services. Unless otherwise stated, the TOS apply to all Services associated with let’s dabble, LLC. All content, Services, and subsequent updates or modifications to the aforementioned content and Services that were not available as of the “last updated” date will be considered part of the “Services” when first made available through the website.

3. Definitions

  • “the website” refers to http://www.letsdabble.com, and all associated Services.
  • “Service” or “Services” refers to all Content available on the website, blog, and in the Tutorial Services.
  • “Content” refers to all information: typographic, photographic, video, or otherwise available through the let’s dabble Services.
  • “Access”, “Accessing”, or “Accesses” means accessing, viewing, using, or otherwise interacting with any Services on the website.
  • “www.letsdabble.com” and “let’s dabble” refers to let’s dabble, LLC., an Illinois company.
  • “Tutorial Services” refers to the subscription-based database of videos available through the website.
  • “Subscriber” refers to any person or entity that purchases a subscription(s) to the Tutorial Services.
  • “User” refers to any party who Accesses the website.
  • “you” or “your” refers to the User. If you Access the website as an employee or agent of another entity or party, “you” or “your” refers to the User and the User’s principal.

4. Use License

let’s dabble grants each Subscriber a limited, non-exclusive, non-sublicensable and nontransferable license to Access the Content made available in the Tutorial Services subject to valid payment of associated subscription fees and continued adherence to the TOS. A multi-user account only extends the Subscriber to their employees or agents. The multi-user Subscriber shall be responsible for management of the User accounts.

Use of the website is void where prohibited, Access of the website is acknowledgement, agreement, and warranty that the User has read, understands, and agrees to be legally bound and to abide by the TOS. As in a signed written agreement, you have the right and capacity to enter into this agreement and to abide by all TOS; if you are acting on behalf of any person or entity, you are authorized to act on behalf of said party.

Furthermore:

a. Permission is given to temporarily download one copy of the Content available on the website (information or software) for personal, non-commercial transitory viewing only, unless explicitly stated otherwise. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials in any way or for any purpose without explicit permission from let’s dabble;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial) without explicit permission from lets dabble;
  • attempt to decompile or reverse engineer any information, software, or content contained on the website;
  • remove any copyright or other proprietary notations used on the website, in the Content, or in any Service; or
  • transfer the materials to another person or "mirror" the materials on any other server without explicit permission from let’s dabble.

b. This license shall automatically terminate if you violate any of these restrictions and as such, given a violation of TOS, may be terminated by let's dabble at their discretion. Upon terminating your Access to the Services or upon the termination of this license, you must destroy any downloaded content in your possession whether in electronic or printed formats.

Termination of subscription is the sole discretion of let’s dabble. If you breach the TOS or take part in conduct let’s dabble deems inappropriate, let’s dabble may without notice revoke any and all Access to the Tutorial Services and/or the website.

5. Fees; Renewal; Refund Policies

The annual subscription plan renews yearly until cancelled by the Subscriber. Fees will be charged annually on the renewal date. If no corresponding date exists the date will fall on the last day of the corresponding month. (February 29, 2008 will renew on February 28, 2009.) Subscription fees are non-refundable; except that the Subscriber may cancel a renewed subscription in writing up to seven (7) calendar days after the renewal date and receive a full refund of the new subscription fees.

Discounts, rebates, or special offers apply only to the initial subscription year. All subsequent subscriptions will be at the current subscription rate when the subscription comes due. Given thirty (30) days notice from the expiration of the subscription, subscription fees for the subsequent term can be at any time and for any reason be increased. let’s dabble may terminate a subscription if unable to renew the subscription based upon the provided payment information. The right to Access the Tutorial Services is made effective only upon payment of subscription fees. Only subscriptions purchased after the effective date of these TOS shall be automatically renewed; if a Subscriber pays via cash or purchase order, automatic renewal does not apply. If a Subscriber fails to provide renewal payment prior to expiration, let’s dabble reserves the right to cancel the subscription.

6. Disclaimer

The materials on the website are provided "as is". let's dabble makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, let's dabble does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on the website or otherwise relating to such Content or on any sites linked to the website.

In no event will let’s dabble be liable for any damages in excess of the amount received from the Subscriber for a subscription (a single subscription paid for Access of one year to the Tutorial Services for the Subscriber in question). This disclaimer is applicable to any and all damages or injury resulting from the negligence or an omission by let’s dabble, computer virus or similar item, unauthorized access, or use of the User information through theft or any other means.

7. Limitations

let’s dabble provides no warranty that your hardware, software, other technology-related equipment, or internet service is compatible or sufficient to Access the website. A limited warranty to refund subscription fee’s, should the User encounter any problem with the Tutorial Services rendering them inoperable, will be enacted provided let’s dabble is notified of said problem within (30) calendar days of encountering the problem. If no reasonable solution is available, let’s dabble will refund the subscription fees at a pro-rated amount retroactive to the date of User contact to let’s dabble in regards to the problem.

In no event shall let’s dabble or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Content on the website, even if let's dabble or a let's dabble authorized representative has been notified orally or in writing of the possibility of such damage.

let’s dabble has attempted to provide accurate information on the website, it makes no guarantee or warranty, expressed or implied, as to the reliability, accuracy, or completeness of that information and assumes no responsibility for any errors or omissions contained therein. let’s dabble does not warrant any particular result from use of the website and does not warrant that the information on the website is accurate, complete, complies with any particular laws or regulations, will be uninterrupted, error-free, virus-free, or completely secure. Under no circumstances or legal theory (tort, contract, or otherwise) shall let’s dabble or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors, or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive, or consequential damages (including damages to character, loss of goodwill, interruptions to work, computer failure or functionality interruption, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.)

Use of the website is at the sole risk of the User. Content is downloaded at the discretion and risk of the User, you are solely responsible for any damage to your computer or computer system as well as any subsequent loss of data.

8. Revisions and Errata

The Content appearing on the website may contain errors, misrepresentations, inaccuracies, or be incorrect. let's dabble does not warrant that any of the Content on its website is accurate, complete, or current. let's dabble may make changes to the Content contained on the website at any time without notice. let's dabble does not, however, make any commitment to update the Content.

9. Links

let's dabble has not reviewed all of the sites linked to the website and is not responsible for the content of any such linked site. The inclusion of any link does not imply endorsement by let's dabble of the site. Use of any such linked web site is at the sole risk and discretion of the User.

Access of the website by the User is agreement, acknowledgment, and expressed understanding that let’s dabble does not pre-screen third party content. let’s dabble is not the publisher or author of any information on the website provided by third party content providers, and, as such, let’s dabble is not liable for any claims related to such information. Third party content is provided as a convenience to the User and is for informational purposes only, use of the content is neither an endorsement nor a recommendation by let’s dabble of or for the content. let’s dabble assumes no responsibility for these websites or associated content. let’s dabble does not endorse, recommend, or make any suggestions, expressed or implied, regarding the third party websites, products, services, or information offered therein. let’s dabble does not warrant the existence or functionality of any website which can be accessed through a link located on the website.

10. Site Terms of Service Modifications

let's dabble may revise the TOS for the website at any time. By using the website you are agreeing to be bound by the then current version of these TOS. Revisions, changes, or updates to the TOS will be notified to Subscribers via the email provided to let’s dabble by the Subscriber.

11. Access to the website

let’s dabble strives to provide Access to the website on a continuous basis and will take commercially reasonable efforts to provide uninterrupted Access for the Subscriber. On occasion, the Subscriber may not be able to Access the website due to conditions outside the control of let’s dabble. Such conditions include but are not limited to: force majeure, acts of God, power outages, acts by those acting outside the law, software issues, server downtime, increased internet traffic, programming errors, and regular maintenance of the system, server, or other related reasons. Any conditions encountered that limit Access of the website will be handled in a commercially reasonable way. In this context “commercially reasonable” is that which does not put undue burden or expense of time, money, resources, or personnel onto let’s dabble.

12. Governing Law

Any claim relating to the website shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions that would otherwise make the laws of another jurisdiction applicable.

13. Prohibited Conduct

The User hereby agrees, whether personally or indirectly through an agent, to conduct themselves in accordance to the following “Prohibited Conduct” (let’s dabble expressly prohibits the following conduct and as such it is not allowed):

  • Transfer, transmit, install, upload or send any virus, advertisement, communication, item or process to or through the website that in any way affects the use of the Services of the website, or adversely affects the let’s dabble computers, servers, databases, Subscribers, or Users.
  • Capture, download, save, print or otherwise keep any Content whether in digital or printed formats unless expressly allowed by let’s dabble.
  • Permit or provide others Access to the Tutorial Services using your subscription or the subscription information of another authorized Subscriber.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the photographs, videos, software, information, text, graphics, source code or HTML code, or other Content available on the website.
  • Remove, modify, erase, alter, or change any copyright, trademark, legal notices, or other proprietary notations from the Content available on the website.
  • Transfer, transmit, send, or otherwise make available the website Content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the website Content; or “deep link” to the website Content.
  • Violate or attempt to violate the website or let’s dabble security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the website or corrupt the website in any way.
  • Engage in any other conduct which violates the Copyright Act or other laws of the United States.
  • Use any device (such as a “web crawler” or other system, software, or process to enact an automatic retrieval mechanism) or other means to obtain information about other Users, the website, or let’s dabble.
  • Use the website to violate a third party’s intellectual property or distribute information or content in violation of a third party’s intellectual property rights.
  • Misrepresent your identity or personal information when Accessing the website; perform any action that results in the misrepresentation of any part, header, body, or content therein of an e-mail so that the e-mail appears to be generated by let’s dabble.
  • Advertise or otherwise solicit funds, goods, or services on the website.
  • Provide any commercial hosting service with Access to the website, the website Content, or the Services.

let’s dabble reserves the right to monitor use of the website to ensure Access is pursuant to the TOS. let’s dabble reserves the right to revoke or deny Access to the website should evidence suggest prohibited conduct has occurred. Access of the website is agreement that you will not violate any U.S., foreign, or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

You may not use the account, username, or password of a different Subscriber at any time. You agree to notify let’s dabble immediately should you lose or find unauthorized use of your account, username, password, and/or credit card information. let’s dabble will not be held liable for any losses, damages, or injury you incur as a result of someone using your subscription without your knowledge.

14. Copyrights, Trademarks and Other Proprietary Rights

let’s dabble shall retain all worldwide rights to the intellectual property in and on the website, including, and not limited to, trademarks, ideas, trade secrets, the source code, the HTML code, its color combinations, layout, all other graphical elements, and the copyrights to its original content. You acknowledge that the website contains information, software, photos, video, text, graphics, music, and sounds that should you see, read, download or otherwise gain Access to is copyrighted, trademarked, and otherwise protected and owned or licensed by let’s dabble. Unless otherwise specified, modification of the website, the Content, the Services, and/or the Tutorial Services for any purpose is strictly prohibited.

15. Privacy Policy

let’s dabble strives to protect your privacy and as such will by reasonable means safeguard the information against loss or theft as well as unauthorized access, copying, modification, or unauthorized use.