General
(A) This DAMNFLY.COM End User Agreement (the "Agreement"), sets forth
the terms and conditions that apply to use of DAMNFLY.COM by each end user thereof
("End User"). By using DAMNFLY.COM (other than to read this Agreement
for the first time), End User agrees to comply with all of the terms and conditions
hereof. The right to use DAMNFLY.COM is personal to End User and is not transferable
to any other person or entity. End User shall be responsible for protecting
the confidentiality of End User's password(s), if any. End User shall be fully
responsible for the use of DAMNFLY.COM by any other person it permits to access
DAMNFLY.COM.
(B) DAMNFLY.COM shall have the right at any time to change or discontinue any
aspect or feature of DAMNFLY.COM, including, but not limited to, content, hours
of availability, and equipment needed for access or use.
Changed Terms
DAMNFLY.COM shall have the right at any time to change or modify the terms and
conditions applicable to End User's use of DAMNFLY.COM, or any part thereof,
or to impose new conditions, including, but not limited to, adding fees and
charges for use. Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by means including,
but not limited to, posting on DAMNFLY.COM, or by electronic or conventional
mail, or by any other means by which End User obtains notice thereof. Any use
of DAMNFLY.COM by End User after such notice shall be deemed to constitute acceptance
by End User of such changes, modifications or additions, unless the End User
notifies DAMNFLY.COM in writing that it has terminated this Agreement within
five (5) business days of receipt by the End User of such notice, in which case
the End User's conduct shall be deemed governed by the Agreement without such
changes, modifications or additions.
Equipment
End User shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of DAMNFLY.COM and
all charges related thereto.
End User Conduct
(A) End User shall use DAMNFLY.COM for non-commercial, lawful purposes only.
End User shall not post or transmit through DAMNFLY.COM any material which violates
or infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would constitute
a criminal offense, gives rise to civil liability or otherwise violates any
law, or which, without DAMNFLY.COM's express prior approval, contains advertising
or any solicitation with respect to products or services. Any conduct by an
End User that in DAMNFLY.COM's discretion restricts or inhibits any other End
User from using or enjoying DAMNFLY.COM will not be permitted. Without limiting
the foregoing, prohibited conduct includes, but is not limited to, (1) distribution
of unsolicited chain letters, (2) propagation of computer worms, viruses and
other such malicious code, (3) using (directly or indirectly) DAMNFLY.COM or
its computer network to make unauthorized entry to any other machine accessible
via DAMNFLY.COM or its computer network and (4) use of DAMNFLY.COM to advertise
or perform any commercial solicitation, including, but not limited to, the solicitation
of users of DAMNFLY.COM to become users of other on-line services competitive
with DAMNFLY.COM. Without limiting any other rights or remedies of DAMNFLY.COM,
violations of the foregoing may result in removal of violative communications
and/or early termination of the End User's access to DAMNFLY.COM.
(B) DAMNFLY.COM contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video, graphics,
music and sound, and the entire contents of DAMNFLY.COM are copyrighted as a
collective work under the United States copyright laws. DAMNFLY.COM owns a copyright
in the selection, coordination, arrangement and enhancement of such content,
as well as in the content original to it. End User may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in
any way exploit, any of the content, in whole or in part. Except as otherwise
expressly permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial or non-commercial exploitation of downloaded material
will be permitted without the express permission of DAMNFLY.COM and the copyright
owner. In the event of any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. End User acknowledges that it does
not acquire any ownership rights by accessing or otherwise using copyrighted
material.
(C) End User shall not upload, post or otherwise make available on DAMNFLY.COM
any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected by copyright
rests with End User. End User shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of DAMNFLY.COM,
End User automatically grants, or warrants that the owner of such material has
expressly granted DAMNFLY.COM the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, edit
and distribute such material (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such material. End User
also permits any other End User to access, view, store or reproduce the material
for that End User's personal use. Please note that DAMNFLY.COM does not want
to receive confidential information from any End User and any information received
will be deemed NOT to be confidential.
(D) The foregoing provisions of Section 5 are for the benefit of DAMNFLY.COM,
DAMNFLY.COM affiliated companies and its third party content providers and licensors
and each shall have the right to assert and enforce such provisions directly
or on its own behalf.
Disclaimer of Warranty; Limitation of Liability
(A) END USER EXPRESSLY AGREES THAT USE OF DAMNFLY.COM IS AT END USER'S SOLE
RISK. NEITHER DAMNFLY.COM, DAMNFLY.COM AFFILIATED COMPANIES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY
THE "DAMNFLY.COM PARTIES") WARRANT THAT DAMNFLY.COM WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF DAMNFLY.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH DAMNFLY.COM. (B) DAMNFLY.COM
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT DAMNFLY.COM IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH END USER.
(D) IN NO EVENT WILL DAMNFLY.COM, THE DAMNFLY.COM PARTIES, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING DAMNFLY.COM OR THE DAMNFLY.COM
SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE DAMNFLY.COM.
END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON DAMNFLY.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, DAMNFLY.COM, NOR THE DAMNFLY.COM
PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN DAMNFLY.COM, OR FOR ANY DELAY OR INTERRUPTION
IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE
FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL
LIABILITY OF THE DAMNFLY.COM PARTIES TO ANY END USER FOR ALL DAMAGES, INJURY,
LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING
FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE DAMNFLY.COM
SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER
OF: (A) THE AMOUNT, IF ANY, PAID BY THE END USER IN CONNECTION WITH THE END
USER'S USE OF DAMNFLY.COM AND RETAINED BY DAMNFLY.COM OR (B) ONE HUNDRED DOLLARS
($100).
(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY
OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such
jurisdictions, DAMNFLY.COM's liability is limited to the greatest extent permitted
by law.
Store Credit
All purchases are final, no refunds are given, store credit is given accordingly.
The only situation when store credit is given is if there are defects in the
products ordered. In order to file a claim for store credit, customers are required
to contact DAMNFLY.COM with pictures showing the defects. Claims for product
defects are only accepted if said product was manufactured poorly and the pictures
must reflect this claim. The claim must be received by DAMNFLY.COM via email
within two days of the package tracked as being delivered to the customer’s
billing address by the shipping courier. Upon DAMNFLY.COM receiving photographic
proof within the forty-eight hours of the customer receiving said order, the
customer will be given store credit, less a handling and restocking fee of 17%.
Store credit is only redeemable for purchases of $200 USD and above, while supplies
last. DAMNFLY.COM accepts no responsibility for claims made after forty-eight
hours of the customer receiving the package.
Product Damage Due to Shipping
If there are problems with the operation of the product, the resulting failure
is the responsibility of the shipping courier and will be covered by the courier
if the additional shipping insurance was purchased. Product failures due to
damage from shipping can then be claimed from the courier and if the insurance
has not been purchased, DAMNFLY.COM and the courier cannot be held liable.
Credit Card Payments
DAMNFLY.COM only ships to the billing address of the credit card holder. If
you are making a purchase by credit card, you hereby authorize DAMNFLY.COM to
charge your credit card for the total amount of your order. If you are an individual
other than the cardholder, you hereby assume full legal responsibility and financial
liability for having made this purchase. We accept no legal responsibility or
financial liability for the products ordered if a person other than the cardholder
signs and receives said package at the billing address. In the case that the
package is received and signed for by an individual other than the cardholder,
the cardholder cannot make a claim for chargeback with their credit card company
for not receiving the products ordered. In the case that a chargeback is claimed
under the circumstances outlined above, the fees incurred from the chargeback
will be the financial responsibility of the cardholder because the terms and
agreements outlined in these clauses have been breached. Legal responsibility
and financial liability rests upon the individual that has signed for receiving
the package. In all cases of said customer agreeing to all terms outlined on
this page and then filing a chargeback with the credit card company after breaching
any of the terms outlined on this page, the cardholder cannot seek any further
legal actions and automatically releases us of all legal responsibility and
financial liability.
Monitoring
DAMNFLY.COM shall have the right, but not the obligation, to monitor the content
of DAMNFLY.COM, including chat rooms and forums, to determine compliance with
this Agreement and any operating rules established by DAMNFLY.COM and to satisfy
any law, regulation or authorized government request. Without limiting the foregoing,
DAMNFLY.COM shall have the right to remove any material that DAMNFLY.COM, in
its sole discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
Customs
By submitting your registration, you hereby surrender all liability to DAMNFLY.COM
for any scenarios that may arise from your country’s customs department involving
themselves with the delivery of your package. In the scenario that that a customer's
package is held in customs and the declared value has been reevaluated or the
package has been deemed undeliverable, abandoned, or destroyed, DAMNFLY.COM
is not responsible. In these cases there are two options; the order can be resent,
or store credit can be given. For the whole order to be resent, the customer
will pay for half of the order value, as well as 15% of the total order value
to count towards the handling and restocking fees. The original payment will
not be refunded regardless of circumstance.
Indemnification
End User agrees to defend, indemnify and hold harmless DAMNFLY.COM, DAMNFLY.COM
affiliated companies and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys' fees,
arising out of the use of DAMNFLY.COM by End User, except to the extent such
claims and expenses arise directly out of the negligence of DAMNFLY.COM.
Termination
Either DAMNFLY.COM or End User may terminate this Agreement at any time. Without
limiting the foregoing, DAMNFLY.COM shall have the right to immediately terminate
any passwords or accounts of End User in the event of any conduct by End User
which DAMNFLY.COM, in its sole discretion, considers to be unacceptable, or
in the event of any breach by End User of this Agreement. The provisions of
Sections 5(B), 5(C), 5(D), 6, 8, 10, 12 and this Section 9 shall survive termination
of this Agreement.
Trademarks
DAMNFLY.COM is a trademark of DamnFly, LLC. All rights reserved. All other trademarks
appearing on DAMNFLY.COM are the property of DAMNFLY.COM or their respective
owners.
Third Party Content
DAMNFLY.COM is a distributor (and not a publisher) of content supplied by third
parties and End Users. Accordingly, DAMNFLY.COM has no more editorial control
over such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, End Users
or any other user of DAMNFLY.COM, are those of the respective author(s) or distributor(s)
and not of DAMNFLY.COM. Neither DAMNFLY.COM nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular purpose. (Refer to Section
6 above for the complete provisions governing limitation of liabilities and
disclaimers of warranty.)
In many instances, the content available through DAMNFLY.COM represents the
opinions and judgments of the respective information provider, End User, or
other user not under contract with DAMNFLY.COM. DAMNFLY.COM neither endorses
nor is responsible for the accuracy or reliability of any opinion, advice or
statement made on DAMNFLY.COM. Under no circumstances will DAMNFLY.COM be liable
for any loss or damage caused by an End User's reliance on information obtained
through DAMNFLY.COM. It is the responsibility of End User to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other content
available through DAMNFLY.COM.
Miscellaneous
This Agreement (which hereby incorporates by reference any other provisions
applicable to use of DAMNFLY.COM, including, but not limited to, any supplemental
terms governing the use of certain specific material contained in DAMNFLY.COM
and any operating rules for DAMNFLY.COM established by DAMNFLY.COM) constitutes
the entire agreement of the parties with respect to the subject matter hereof,
and supersede all previous written or oral agreements between the parties with
respect to such subject matter. The provisions of this Agreement will be deemed
severable, and the unenforceability of any one or more provisions will not affect
the enforceability of any other provisions. In addition, if any provision of
the Agreement, for any reason, is declared to be unenforceable, the parties
will substitute an enforceable provision that, to the maximum extent possible
under applicable law, preserves the original intentions and economic positions
of the parties. This Agreement shall be construed in accordance with the laws
of the People’s Republic of China, without regard to its conflict of laws rules.
No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any legal
import.
PRIVACY POLICY
DAMNFLY.COM knows that the privacy of your personal information is important
to you. Therefore, DAMNFLY.COM has established a Privacy Policy governing the
use of this information, which is located under the Help section and is part
of this Agreement.