Terms Of Use
By accessing or otherwise interacting with our servers, services, website, or any associated content/postings (together, “DNLM Directory”, you agree to these Terms of Use (“DNLM Directory”) (last updated February 06, 2021). You acknowledge and agree DNLM Directory is a private site owned and operated by CLS, LLC. If you are accessing or using DNLM Directory on behalf of a business, you represent and warrant to DNLM Directory that you have authority to accept the terms and conditions on behalf of that business and that that business agrees to the terms and conditions. If you do not agree to the terms and conditions, you are not authorized to use DNLM Directory or the web site and associated content. We may modify the terms and conditions at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use DNLM Directory. Our privacy policy, and all other policies, site rules, and agreements referenced below or on DNLM Directory, are fully incorporated into this terms and conditions, and you agree to them as well.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. Contact us if you have any questions about these Terms at dnlm@dnlmdirectory.com
Links to other web sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by DNLM Directory has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that DNLM Directory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Governing Law These Terms shall be governed and construed in accordance with international laws, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
License
If you agree to the terms and conditions (TOC) and 1) are of sufficient age and capacity to use DNLM Directory and be bound by the TOC, or 2) use DNLM Directory on behalf of a business, thereby binding that business to the TOC, we grant you a limited, revocable, non-exclusive, non-assignable license to use DNLM Directory in compliance with the TOC; unlicensed use is unauthorized. You agree not to display, “frame”, make derivative works, distribute, license, or sell, content from DNLM Directory, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
Use
Unless licensed by us in separate written or electronic agreement, you agree not to use or provide software (except our web site, genera purpose web browsers and email clients) or services that interact or interoperate with DNLM Directory, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect DNLM Directory content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g. by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of DNLM Directory’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse DNLM Directory’s flagging or reporting processes. You agree not to collect DNLM Directory users information or interfere with DNLM Directory. You agree we may moderate DNLM Directory access/use in our sole discretion. E.g. by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account/content/postings.
You agree 1) not to bypass said moderation 2) we are not liable for moderating or not moderating, and 3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to I) rent, lease, see, publish, distribute, license, sublicense, assign, transfer, or otherwise make available DNLM Directory or our application programming interface ("API"), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide DNLM Directory, (iii) combine or integrate DNLM Directory or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects DNLM Directory or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use DNLM Directory or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
Liquidated Damages
You further agree that if you violate the TOC, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting DNLM Directory users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of DNLM Directory without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of DNLM Directory - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of DNLM Directory - the price per post applicable to that section of DNLM Directory; (F) sending an unauthorized/unsolicited email to an email address obtained from DNLM Directory - $25 per violation; (G) using DNLM Directory user information to make/send an unauthorized/unsolicited text message, call, or communication to a DNLM Directory user - $500 per text/call/communication; (H) creating a misleading or unlawful DNLM Directory account or buying/selling a DNLM Directory account - $4 per violation; (I) abusing or attempting to abuse DNLM Directory flagging or reporting processes - $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting DNLM Directory content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of DNLM Directory in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
Disclaimers and liabilities
To the full extent permitted by law, Cls, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("DNLM Directory Entities") (1) make no promises, warranties, or representations as to DNLM Directory, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide DNLM Directory on an "AS IS" and "AS AVAILABLE" basis and any risk of using DNLM Directory is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with DNLM Directory. DNLM Directory Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to DNLM Directory, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you. CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to DNLM Directory ("Claims") will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in San Francisco, CA (except we may eek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in San Francisco, CA; (2) indemnify and hold DNLM Directory Entities harmless from any Claims, losses, liability, or xpenses (including attorneys' fees) that arise from a third party and relate to your use of DNLM Directory; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit. MISC. Unless you have entered into a separate written or electronic agreement with us that expressly references the TOC, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access DNLM Directory thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOC or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOC, and you will remain bound by those sections. If a TOC term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOC controls over any translations. If you reasonably believe content infringes your IP rights.
Privacy Policy (updated Feb 05 2021)
Our Privacy policy can be found here.
