Home Terms of Use

DBIX.com Terms of Use

Effective date: June 11, 2008

Welcome, and thank you for visiting DBIX.com. Please read these Terms of Use (“Terms”) carefully before using this Site. By using and or visiting this Site, you signify your assent to both these Terms and the terms and conditions of DBIXTM’s Privacy Policy, which are published at http://www.dbix.com/index.php/privacy-policy, and which are incorporated herein by reference. If you do not agree to these terms, do not use this Site.

 

General


This website (this “Site”) is owned and operated by DBIX Corporation (“DBIX” or “we”). DBIX reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Persons who visit this Site (“you”) thus should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes to the Terms are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of these changes.

 

Our Intellectual Property Rights


The content on this Site, including without limitation, any text, software, graphics, photos, sounds, music, videos, interactive features and any trademarks, service marks and logos contained therein (collectively “Materials”) are owned by or licensed to DBIX, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.

No Materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may use information (such as brochures) purposely made available by DBIX for downloading from this Site, provided that you (1) keep intact all copyright and other proprietary notices, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such information. You agree not to circumvent, disable, or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any Materials or content.


Modification of any Materials or use of any Materials for any other purpose is a violation of the copyrights and other proprietary rights of DBIX, or of other entities or persons where so indicated, unless DBIX or the owner has provided said Material for such express purpose. Permission for all other uses of Materials contained herein, including reproducing and distributing multiple copies or using Materials on any other website or networked computer or linking to any page at this Site except the “home page” (http://www.DBIX.com), must be obtained from DBIX or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from DBIX should be submitted via an email to This e-mail address is being protected from spambots, you need JavaScript enabled to view it . All design rights, databases and compilation and other intellectual property rights associated with this Site, in each case whether registered or unregistered, and related goodwill, are proprietary to DBIX.
Certain users of this Site are authorized to download and use DBIX’s proprietary software (the “Software”). Use of the Software is governed by a separate license agreement (the “License Agreement”) each user must enter into before using the Software. Nothing in these Terms supersedes any provisions in such License Agreement; provided, however, that if there is an irreconcilable conflict between the agreements, the terms of the License Agreement shall prevail.

 

User Submissions


This Site may now or in the future permit the submission of commentary, feedback or other communications or materials by you and other users ("User Submissions"). However, DBIX does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies or processes. You must not transmit any User Submissions to or through this Site or to us through email that you consider to be confidential or proprietary, and any User Submissions shall be deemed non-confidential. You are responsible and liable for any User Submissions. You agree, represent and warrant that any User Submission is a) truthful, accurate, and not misleading, b) offered in good faith, and c) that you have the right to transmit such information. Certain information submitted by you, or otherwise collected from you, is subject to DBIX’s Privacy Policy. http://www.dbix.com/index.php/privacy-policy

Except as expressly provided in DBIX’s Privacy Policy http://www.dbix.com/index.php/privacy-policy, you agree that by submitting User Submissions to this Site, including any concepts, know-how or ideas, you hereby grant DBIX a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Submissions in connection with this Site and DBIX’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others.

 

Registration


You are not obligated to register with DBIX in order to access this Site. However, certain sections and features of this Site are available only to investors in or clients of DBIX or other persons affiliated with DBIX who have been granted user IDs and passwords (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to DBIX. If you do not maintain such information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of this Site. You may only have one active Secure User account on this Site at any given time and only you may use your designated account to access the Site. You also agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this Site by emailing us at This e-mail address is being protected from spambots, you need JavaScript enabled to view it . In addition, you agree to exit from your Secure User account at the end of each session. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

 

Site Security

 

You must exercise caution, good sense and sound judgment in using this Site. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. DBIX will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

 

Other Prohibited Activities

 

In using this Site, you agree not to:

  • Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity or affiliation in any way;
  • Restrict, discourage or inhibit any person from using this Site, disclose personal information on this Site or obtained from this Site or collect information about users of this Site;
  • Reverse engineer, disassemble or decompile any section or technology on this Site, or attempt to do any of the foregoing;
  • Gain unauthorized access to this Site, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to this Site;
  • Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through this Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  • Violate any applicable laws or regulations or these Terms; or
  • Assist or permit any persons in engaging in any of the activities described above.

Links to Other Websites

 

As you view this Site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of DBIX proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from DBIX. DBIX is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by DBIX of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

 

Jurisdictional Issues

 

This Site is controlled and operated by DBIX from our offices within the State of California, United States of America. DBIX makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.

 

Termination

 

DBIX may terminate your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all Materials obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Site is terminated pursuant to these Terms, you will not attempt to use this Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.

 

Disclaimer

 

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DBIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DBIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DBIX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Limitation of Liability

 

TO THE EXTEN PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DBIX BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS ON IT, EVEN IF DBIX OR A DBIX AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnity

 

You agree to indemnify, defend and hold DBIX and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site.

 

Children

 

This Site is not intended for children under the age of 13. If you are under 13 years of age, please do not use or access this Site at any time or in any manner. By using this Site, you affirm that you are over the age of 13. DBIX does not seek through this website to gather personal information from or about persons under the age of 13.

 

Privacy

 

Use of this Site is also governed by DBIX’s Privacy Policy, available at http://www.dbix.com/index.php/privacy-policy and in the footer of this Site.

 

Other

 

By choosing to visit this Site or otherwise provide information to DBIX, you agree that any dispute over your use of this Site or these Terms will be governed by the laws of the State of California and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts of San Francisco County in the State of California. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.


If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.


If you have any questions or complaints regarding these Terms, please submit your questions or complaints to This e-mail address is being protected from spambots, you need JavaScript enabled to view it . We will endeavor to respond to you promptly.