Terms of Service
This Agreement is a legal agreement between "YOU", the individual End-User, Microsoft Partner, or ISV and Plumbline Consulting dba DynamicsDownloads.
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SERVICE.
IF YOU DO NOT fully AGREE WITH THE FOLLOWING TERMS AND CONDITIONS, YOU MUST refrain from DOWNLOADING, REGISTERING FOR AND USING the SERVICE. BY SUBSCRIBING TO OR USING THE SERVICE, YOU ACCEPT TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
FURTHERMORE, IF YOU ARE RESIDING IN A JURISDICTION WHERE IT IS FORBIDDEN BY LAW TO USE THE SERVICE, YOU MAY NOT ENTER INTO THIS AGREEMENT.
DynamicsDownloads acts as a venue to allow users who comply with DynamicsDownloads's policies to offer, sell and buy certain Software Solutions. As a result, DynamicsDownloads has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth, or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. DynamicsDownloads does not pre-screen users or the content or information provided by users. DynamicsDownloads cannot ensure that a buyer or seller will actually complete a transaction. Consequently, DynamicsDownloads does not transfer legal ownership of items from the seller to the buyer.
USE OF DynamicsDownloads.COM:
You are only authorized to use DynamicsDownloads for the purposes related with using or gathering information about DynamicsDownloads services. You are not allowed to attempt to modify any information on this site, hack it in any way or try to deny service to others. All information on the site is copyrighted and you are not allowed to republish any information found on this site without written approval from DynamicsDownloads. If you have any questions as to the legitimate use of this website, please contact us. DynamicsDownloads will prosecute all violations of this policy to the full extent allowable under the Law.
DynamicsDownloads periodically may update or revise the contents of this Web Site or the legal notices and terms and conditions provided herein without prior notice, and therefore you are advised to frequently consult the Web Site to be informed of any changes.
For Client side software that you downloaded from DynamicsDownloads you agree to the following:
Only use the software as intended
Not to redistribute the software
Not to disassemble, decompile or otherwise reverse engineer the software
Not to try retrieve the source code for the software
You agree to indemnify, hold harmless and defend DynamicsDownloads at Your expense, against any and all third-party claims, actions, proceedings and costs, including but not limited to reasonable attorney's fees, incurred by DynamicsDownloads arising out of or relating to your violation of this Agreement, applicable law or rights of any third parties and/or the misuse of the Service.
You have no obligation to provide DynamicsDownloads with any data, suggestions, ideas, improvements, enhancement and written materials. If You wish to provide DynamicsDownloads with any Feedback, Feedback shall be disclosed to DynamicsDownloads electronically, such as by emails and/or on our web site in the "contact us".
If and when You provide DynamicsDownloads with Feedback, You shall disclose to DynamicsDownloads, in writing, the existence of any intellectual property rights that may cover the Feedback and that are known to You, if any; grant DynamicsDownloads an irrevocable, perpetual, non-exclusive, transferable, world-wide, royalty free, paid-up license under all Your intellectual property rights, to use, reproduce, display the Feedback, perform, prepare and have prepared improvements or modifications to the Service, including but not limited to hardware and/or software works or products, based upon the Feedback ("Derived Works") and distribute, market and/or sub-license such Feedback and Derived Works thereof. You understand and agree that DynamicsDownloads has no obligation to use or include any Feedback in the Service.
NO WARRANTIES: DynamicsDownloads expressly disclaims any warranty for the Solution Download. The Solution Download is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. DynamicsDownloads does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Solution Download. DynamicsDownloads makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. DynamicsDownloads further expressly disclaims any warranty or representation to Authorized Users or to any third party. In addition, DynamicsDownloads EXPRESSLY disclaims any guarantee or warranty, whether implied or otherwise, in particular but without limitation, that: (1) the service WILL BE error-free or fault-free or reliable; (2) the service WILL BE suitable for a particular purpose; (3) the service will meet Your requirements; (4) defects or problems in the service will be corrected; or (5) the servers that make it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY: In no event shall DynamicsDownloads be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Solution Download, even if DynamicsDownloads has been advised of the possibility of such damages. In no event will DynamicsDownloads be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. DynamicsDownloads shall have no liability with respect to the content of the Solution Download or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
USER ID, PASSWORD AND SERVICE ACCOUNT:
You will create a User Identification (User ID) which, in combination with a password that You also selected, will give You access to your service account.
You are solely responsible for giving Your own email address, keeping Your password secure, and for all activity that occurs under Your account, including all use of the Service and all charges incurred, if any (including if Your password is lost or stolen, until You have reported the loss or theft to DynamicsDownloads).
You understand and agree that DynamicsDownloads is not required to authenticate the identity of any person that uses Your account.
You agree to immediately notify DynamicsDownloads via e-mail to support@DynamicsDownloads of any unauthorized and/or fraudulent use of Your User ID, Password and/or Account. You agree to indemnify DynamicsDownloads against any and all third party claims and all related liabilities arising out of, or relating to, the use of Your User ID, Password and/or Account. DynamicsDownloads will not be liable for any damages resulting from the unauthorized and/or fraudulent use of Your User ID and/or Password and the unauthorized use of Your Account.
DynamicsDownloads reserves the right to change Your User ID or Password if this is in the interest of the functioning of the Service or to prevent fraudulent use of it.
Fees and Services:
Joining and setting up a shop on DynamicsDownloads is free. DynamicsDownloads charges fees for premium membership levels (see membership levels) as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to submit the pricing structure as well as listing any installation or maintenance fees that are applicable. In the event DynamicsDownloads introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and associated with using DynamicsDownloads. DynamicsDownloads At the beginning of the month, each vendor is emailed a detailed listing the payment due (# of solutions sold, who purchased the solutions, and if applicable, the partner of record).
Once you purchase a Download Solution you cannot receive a refund.
Once you sign up as a registered user You may cancel your membership but are not eligible for a refund.
INTELLECTUAL PROPERTY RIGHTS:
All intellectual property rights regarding the software and related documentation developed and/or owned by DynamicsDownloads shall be and shall remain the sole property of DynamicsDownloads. In addition, all intellectual property rights regarding the software and related documentation developed and/or owned by Vendors who are uploading software solutions to be offered on DynamicsDownloads.com shall be and shall remain the sole property of each Vendor.
You, shall only obtain a non-exclusive and non-transferable right for the use of the Software Solutions. You commit Yourself to adhere strictly to any conditions laid down in this Agreement or imposed in any other way.
DynamicsDownloads may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the Service. Our offering and providing You with Software Solutions for purchase does not give You any license to our intellectual property. Any rights not expressly granted herein are reserved.
TERM AND TERMINATION:
The Agreement will be effective as of the date of Your acceptance thereof, and will remain effective until terminated by either party as set forth in this Agreement. You may terminate the Agreement at any time by notifying support@DynamicsDownloads.com
DynamicsDownloads may terminate the Agreement at any time, with or without cause and without recourse to the courts, by providing notice to You and/or preventing Your access to Your Account and to the Service.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYNAMICSDOWNLOADS EXPRESSLY EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF USE, DATA OR PROFITS, DELAYS OR BUSINESS INTERRUPTIONS, AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, USE, MISUSE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE WHATSOEVER, WHETHER OR NOT DYNAMICSDOWNLOADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing, DynamicsDownloads shall under no circumstances be held liable for any delay or failure in performance resulting directly or indirectly from Force Majeure, such as acts of nature, forces, or causes beyond its reasonable control.
The direct damages as meant in this article shall be limited to the amount actually paid by You for the Service during the year in which such damages occur. In no event, however, shall the total compensation for any direct damages exceed one hundred dollars.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement constitutes the entire agreement between YOU and DynamicsDownloads and supersedes all prior and contemporaneous agreements and understandings, whether oral or written. In the event any provision of this Agreement would be found invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall in no way be affected or impaired.
This Agreement and all disputes arising out of or relating to this Agreement or the use of the Service, shall be governed by, and construed and interpreted in accordance with Laws of the State of Ohio.
The Courts of Ohio, USA shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement.
This Agreement shall be construed and interpreted under the laws of the state of Ohio and the United States, not including the conflict of laws principles. If any provision of this Agreement, or portion thereof, is found to be unenforceable, that provision shall be enforced to the maximum extent possible and the remainder of this Agreement shall continue in full force and effect. This is the entire agreement between You and Licensor with respect to the Solution Download and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter and may only be modified in writing executed by the parties.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND DYNAMICSDOWNLOADS THAT SUPERSEDE ANY PRIOR AGREEMENT ORAL OR WRITTEN, ANY PROPOSAL AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND DYNAMICSDOWNLOADS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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