The latest update date: August 31, 2016
These Terms and Conditions (“Terms”) aim to define all matters and other relevant affairs between Dubuplus(“Dubuplus”) and Customer(“You”, “Your”, or ”User”) regarding the use of http://www.dubuplus.com(the “Site”, or the “Dubuplus site”) and Services(the “Service”) provided at http://www.dubuplus.com.
These Terms and Conditions are effective from August 31, 2016 and if any Terms are revised, it will be announced via the Dubuplus site’s notice board (or individual notice such as paper notice, fax, and email).
1. Legal Agreement
This Terms is an agreement between You and Dubuplus and govern Your use of Our website and all of the Services We offer. As such, please read these Terms carefully.
We provide You with access to certain Materials (as defined below) to help our customers create and manage websites by providing general and personalized content, website
hosting services, communication tools, and ecommerce tools and services (“Services”) directly and through the website and associated domains of http://www.dubuplus.com
BY ACCESSING THE SITE AND/OR USING THE SERVICES, YOU CONFIRM AND ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND ITS CONTENT, AND (3) THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED THIS AGREEMENT. THE AGREEMENT IS BETWEEN YOU AND DUBUPLUS. If You do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site or use any of the Services. Use of Our Site or Services is void where prohibited.
We provide various website solutions and products for Our customers, including but not limited to the following, each included as part of the Services that We offer: Dubuplus (conversion and creation of desktop, tablet and mobile websites). You may use the Services for Your personal use, commercial use or internal business use in the organization that You represent, so long as You are in compliance with all provisions of this Agreement.
To register as an Account Holder, You must provide us with a valid email address and other information ("Registration Data"). You will choose a password and account designation for Your web sites during the registration process and You will obtain a Dubuplus ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under Your account. In consideration of use of the Service, You agree to maintain and update true, accurate, current and complete Registration Data. If You provide any information that is untrue, inaccurate, not current or incomplete, or if Dubuplus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate Your account and refuse any and all current or future use of the Service or any portion thereof. Individuals under the age of 13 are prohibited from creating or using accounts through dubuplus.com.
5. Proprietary Rights
Subject to this Agreement, Dubuplus hereby grants You a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by Dubuplus (“User ID”) to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit You, and You agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
We will provide you one User ID for each account held by You, thereby permitting you access to the Materials on one computer at a time through the Site. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of Your account and loss of Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.
As part of the Services, we may provide You a sample website which may be populated with sample content provided by us to illustrate how Your final site might look (“Sample Content”). You agree that You will not make this Sample Content publicly available and that You will remove all Sample Content from your site before permitting any third party users to access or view Your site.
We do not own nor do We claim ownership of the content submitted to be included in and/or displayed on Your website, Dubuplus website, or included/displayed in any other Service (“Content”). Content includes, but is not limited to: information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials included on a site via the Service. This Content is Your Content and as such, You are responsible for all of the Content that You upload, post, transmit or otherwise make available via Our Services. We do not control the Content You post via Our Services.
You are responsible for any Content that may be lost or unrecoverable through use of the Services. You are encouraged to archive Your Content regularly and frequently. Dubuplus’s Services allow You to import or link certain Content hosted on third-party websites into the Services. This Content isn’t owned by Dubuplus, and thus if it is no longer available or accessible to a user, then those portions of Your creation that reference such Content will not work.
Through Our Services, We may provide certain Content that is subject to proprietary rights of third parties. Dubuplus shall have the right, at any time, at is sole and exclusive discretion to remove such Content from the Services and/or disable access to such Content.
By using the Services, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will We be liable for Your Content or the Content of any third party, including, but not limited to, for any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that We do not pre-screen Content, but that We shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in Our sole discretion. You bear all risks associated with the use of any Content. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect Our rights, property, or personal safety and those of Our users and the public.
7. Feedback and Suggestions
If You provide us with any suggestions, comments or other feedback relating to the Dubuplus Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Dubuplus. By providing such Feedback to Dubuplus, You (a) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (b) irrevocably assign to Dubuplus any right, title and interest You may have in such Feedback, (c) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
8. Conduct rules and obligations
You may access and use the Site and Services only for purposes as intended by the normal functionality of the Site and Services, and so long as You are in compliance with all provisions of this Agreement. In connection with Your use of the Site and the Services, You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Our policies or the operational or security mechanisms of the Services, and without limiting the foregoing, You may not:
• use (a) the Site, (b) the Services, or (c) any Content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, services marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on the Site or Services to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• interfere with the access, use or enjoyment of this Site or the Services by others (including without limitation causing greater demand on the Services than is deemed by Us reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people;
• harvest or otherwise collect non-public information about another user obtained through the Site or the Services (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
• add a Site member to Your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet;
• use any Content except for the intended purposes of the Services and Site, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Services without Our prior written consent;
• alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site, the Services, any Content, or features;
• access or attempt to access any of Our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services;
• decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Services except if and to the extent permitted by applicable law;
• copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Services, the Site or the Content;
• use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Services, or bypass any robot exclusion request (either on headers or anywhere else on the Site);
• fail to deliver timely payment for Your purchases;
• use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by Us;
• create or provide any other means through which the Services may be accessed, for example, through server emulators, whether for profit or not;
• 'deep-link', redistribute or facilitate the redistribution of Content; and
• abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services
We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, other than Content provided by Us.
If You cancel the Service, Your cancellation will take effect immediately. After cancellation, You will no longer have access to Your web site and we may delete all information on Your web site. We accept no liability for such deleted information or content.
For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow You to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for You or for all our users in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to You unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of Your account, with or without notice if deemed by us to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide You a copy of any Content that You or others provide when using the Service.
10. Third Party Services, Software, and Websites; No Implied Endorsement
The Dubuplus Services enable you to engage and procure certain third party services and tools for enhancing Your User Website and Your overall user experience, including domain registrars from which You may purchase a domain name for Your User Website, third party applications and widgets offered via the Dubuplus Website (including the Dubuplus App Market), third party Licensed Content, media distribution services, E-Commerce Service Providers, third party designers who may assist You with Your User Website, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to You (bundled with certain Dubuplus Services, offered separately by Dubuplus or persons certified or authorized by Dubuplus, or otherwise offered anywhere on the Dubuplus Services), Dubuplus merely acts as an intermediary platform between You and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Dubuplus will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between You and any Third party Services.
Any and all use of such Third Party Services shall be done solely at Your own risk and responsibility, and may be subject to such legal terms which govern such Third Party Services, which You are encouraged to review before engaging with them.
While we hope to avoid such instances, Dubuplus may, at any time and at its sole discretion, suspend, disable access to or remove from Your User Account, User Website(s) and/or the Dubuplus Services, any Third Party Services – whether or not incorporated with or made part of Your User Account and/or User Website(s) at such time – without any liability to You or to any End Users.
11. Disclaimer of Warranties
DUBUPLUS'S CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, (a) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (b) WE DO NO ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (c) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (a) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (b) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (c) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR ]SITE OR MOBILE WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed amount paid by You to Us pursuant to this Agreement.
You will indemnify and hold harmless Dubplus, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys' fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) Your use (or anyone using Your account/s) use of the Service, the Site or the Materials, (b) Your Content, (c) any Commercial Products You offer on or through the Site or using our Services, or (d) Your use of the Domain Services. This includes, but is not limited to, any breach or violation of these Terms by You or anyone utilizing Your account. You must fully cooperate at Your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
14. Governing Law & Jurisdiction
This Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Dubuplus Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Dubuplus Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Republic of Korea, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Seoul, Republic of Korea. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
15. Contact Us
If you have any concerns or questions about this Policy, please contact us at email@example.com