DataHaven.NET Terms of Use

Table of contents

1. Your agreement with DataHaven.NET
2. Acceptance of the Terms
3. Changes to the Terms
4. Licence
5. Use of the software and products and DataHaven.NET websites
6. Your obligations
7. Proprietary rights
8. Ending Your relationship with DataHaven.NET
9. Exclusion of warranties, limitation of liability and indemnity
10. Third party websites products and services
11. How to contact DataHaven.NET
12. Miscellaneous

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S) OR DataHaven.NET WEBSITES

Key Points

It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasise:

CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.

1. YOUR AGREEMENT WITH DataHaven.NET

1.1 DataHaven.NET, other ‘DataHaven.NET’ branded software applications (together the “DataHaven.NET Software”), the and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) is licensed (not sold) to you by DataHaven.NET LTD.

1.2 The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) (“Free Products”) are provided to you by DataHaven.NET LTD.

1.3 Any additional products or features of the DataHaven.NET Software, or other “DataHaven.NET” branded products, that you pay for (including products or features which are available for free on a trial basis only) (“Paid For Products”) are provided to you by DataHaven.NET LTD.

1.4 DataHaven.NET’s websites www.DataHaven.NET (“DataHaven.NET Website(s)”) are operated by DataHaven.NET LTD.

1.5 “DataHaven.NET’’ means "DataHaven.NET Software", www.datahaven.net or DataHaven.NET LTD The Shoal Bay East, The Valley, Anguilla - as the context requires; “Products” means collectively the Free Products and Paid For Products; “you” or “your” means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.

1.6 Your agreement with DataHaven.NET is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document. To the extent of any inconsistency between the fair usage policies or any Additional Terms and this document, this document shall take precedence.

2. ACCEPTANCE OF THE TERMS

2.1 In order to download and/or use the Software, Products and/or DataHaven.NET Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you download and/or use the Software, Products and/or DataHaven.NET Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or DataHaven.NET in accordance with paragraph 8.

2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or DataHaven.NET Websites in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with DataHaven.NET.

3. CHANGES TO THE TERMS

3.1 DataHaven.NET may make changes to these Terms from time to time. DataHaven.NET will publish the changes at http://datahaven.net/license.txt . Changes to the fair usage policies and/or Additional Terms will be posted on the applicable DataHaven.NET Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or DataHaven.NET Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with DataHaven.NET in accordance with paragraph 8 below.

4. LICENCE

4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual DataHaven.NET user account (as applicable) (“User Account”). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the DataHaven.NET Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. DataHaven.NET reserves all rights not expressly granted to you under these Terms.

4.2 Restrictions. You may not and you agree not to.

(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;

(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);

(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;

(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to Section 4.1 above;

(e) other than for the purposes of download and installation, use the Software except through your User Account.

4.3 Third Party Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third Party Technology”), you agree and acknowledge that: (a) you may be required to enter into a separate licence agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (b) some Products and/or functionality may not be accessible through the Third Party Technology and (c) DataHaven.NET cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.

5. USE OF THE SOFTWARE AND PRODUCTS AND DataHaven.NET WEBSITES

5.1 Equipment: In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet.

5.2 Use of Your Equipment: The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your licence to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.

5.3 Updates to the Software: DataHaven.NET may automatically check your version of the DataHaven.NET Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. DataHaven.NET has no obligation to make available any Updates. However, DataHaven.NET may (a) require you to download and install Updates; or (b) download and install Updates from DataHaven.NET automatically from time to time unless you have chosen (through your DataHaven.NET client settings) not to receive automatic Updates. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from DataHaven.NET in order to continue using the DataHaven.NET Software and you agree to accept such Updates subject to these Terms.

5.4 Suspension, technical improvement and maintenance: From time to time, DataHaven.NET may need to perform maintenance on or upgrade the Software, Products or DataHaven.NET Websites or the underlying infrastructure that enables you to use the Software, Products or DataHaven.NET Websites. This may require DataHaven.NET to temporarily suspend or limit your use of some or all of the Software, Products or DataHaven.NET Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, DataHaven.NET will publish the time and date of such suspension or limitation on the DataHaven.NET Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or DataHaven.NET Website.

5.5 Quality: DataHaven.NET cannot guarantee that the Software, Products or DataHaven.NET Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or DataHaven.NET Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. DataHaven.NET takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

5.6 Changes to Products: DataHaven.NET is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on the DataHaven.NET Website. If you do not agree with any changes to Software and Products you may terminate your relationship with DataHaven.NET in accordance with paragraph 8. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the DataHaven.NET Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.

5.7 Unsolicited Ideas DataHaven.NET does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to DataHaven.NET through the DataHaven.NET Website or otherwise, you acknowledge and agree that DataHaven.NET shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.

6. YOUR OBLIGATIONS

6.1 User Account. Prior to your first use of the DataHaven.NET Software you will be asked to create a User Account and choose a user ID. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your private key confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your key, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. DataHaven.NET takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.

6.2 Lawful Use: You must use the Software, Products and DataHaven.NET Websites in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or DataHaven.NET Websites. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or DataHaven.NET Websites where you are located.

6.3 Prohibited Use: You may not:

(a) intercept or monitor, damage or modify any communication which is not intended for you;

(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, DataHaven.NET Websites, communication or protocols;

(c) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;

(d) use the Software, Products or DataHaven.NET Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or

(e) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights; or

(f) collect or harvest any personally identifiable information, including account names, from the Software, Products or DataHaven.NET Websites;

(g) impact or attempt to impact the availability of the Software, Products or DataHaven.NET Websites for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;

(h) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or DataHaven.NET Websites. Notwithstanding the foregoing, you agree that DataHaven.NET grants to the operators of public search engines permission to use spiders to copy materials from the DataHaven.NET Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DataHaven.NET reserves the right to revoke these exceptions at any time.

6.4 User Submissions Please exercise respect when participating in any features of the DataHaven.NET Websites or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the DataHaven.NET Websites or of the DataHaven.NET Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the DataHaven.NET Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and DataHaven.NET has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the DataHaven.NET Websites or through the Software; (iii) DataHaven.NET does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) DataHaven.NET is not responsible for any User Submissions that you may have access to through your use of the DataHaven.NET Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. DataHaven.NET does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.

In connection with your User Submissions, you represent and warrant that you

(i) own or have the necessary licenses, rights, consents, and permissions to use and authorize DataHaven.NET to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and

(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.

Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you choose to upload or post User Submissions to the DataHaven.NET Websites or through the Software (excluding Reports and excluding the content of your communications) you automatically grant DataHaven.NET a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trade marks associated therewith, in connection with the DataHaven.NET Websites and DataHaven.NET’s Software and Products including for the purpose of promoting or redistributing part or all of the DataHaven.NET Websites and/or the Software or Products, in any and all media now known or hereafter devised. You also hereby grant each user of the DataHaven.NET Website and/or DataHaven.NET’s Software or Products a non-exclusive license to access your User Submission through the DataHaven.NET Website and/or Software or Products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the DataHaven.NET Websites and/or Software or Products and pursuant to these Terms of Use. In addition, you waive any so-called “moral rights” in and to the User Submissions, to the extent permitted by applicable law.

You may not submit or publish through the DataHaven.NET Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or mispresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the DataHaven.NET Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the DataHaven.NET Website or Software or features that prevent or restrict the use of any content thereof.

6.5 Your Information: From time to time, DataHaven.NET may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.

6.6 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.

6.7 Export Restrictions: The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. In the US the Internet Communications Software is controlled under ECCN 5D992 of the Export Administration Regulations (“EAR”) under Encryption Registration Number (“ERN”) R100351and thus may not be exported or re exported from the US to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, the Internet Communications Software may not be exported or re exported from the US to or downloaded by any person or entity subject to US sanctions regardless of location. See www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. DataHaven.NET is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.

7. PROPRIETARY RIGHTS

7.1 The Software, Products and DataHaven.NET Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.

7.2 The content and compilation of content included on the DataHaven.NET Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of DataHaven.NET, its affiliates or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without DataHaven.NET’s express permission. You may download and make personal, non-commercial use of User Submissions on www.qik.com that are displayed with a “download” or similar link. DataHaven.NET reserves all rights not expressly granted in the DataHaven.NET Websites.

7.3 DataHaven.NET and/or its licensors retain exclusive ownership of the Software, Products and DataHaven.NET Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with DataHaven.NET’s intellectual property rights in the Software, Products and/or DataHaven.NET Websites.

7.4 “DataHaven.NET”, associated trademarks and logos and the “S” logo are trademarks of DataHaven.NET. DataHaven.NET has registered and filed applications to register its trademarks in many countries worldwide. DataHaven.NET’s trademarks and trade dress may not be used in connection with any product or service that is not DataHaven.NET’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DataHaven.NET. All other trademarks not owned by DataHaven.NET or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of DataHaven.NET’s intellectual property (in whole or part) or that is confusingly similar thereto. Please also see DataHaven.NET’s Trademark Guidelines for further details on use of its marks.

8. ENDING YOUR RELATIONSHIP WITH DataHaven.NET

8.1 You may terminate your relationship with DataHaven.NET at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or DataHaven.NET Websites and cancelling any recurring payments.

8.2 DataHaven.NET may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or DataHaven.NET Websites at any time and without recourse to the courts:

(a) if you are in breach of these Terms;

(b) if DataHaven.NET reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.

(c) if DataHaven.NET reasonably suspects that you are using our Products, Software and/or DataHaven.NET Websites fraudulently or that your User Account is being used by a third party fraudulently;

8.3 DataHaven.NET shall effect such termination by preventing your access to your User Account, the Software, Products and/or DataHaven.NET Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

8.4 Consequences of Termination: Upon termination of your relationship with DataHaven.NET: (a) all licenses and rights to use the Software, Products and/or DataHaven.NET Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or DataHaven.NET Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.

9. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

9.1 For the purposes of this paragraph 9, "DataHaven.NET" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

9.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND DataHaven.NET WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; DataHaven.NET DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR DataHaven.NET WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. DataHaven.NET FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR DataHaven.NET WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES DataHaven.NET WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.

9.3 Nothing in this these Terms shall exclude or restrict DataHaven.NET's liability for (a) death or personal injury, (b) loss resulting from DataHaven.NET's wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.

9.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT DataHaven.NET WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO DataHaven.NET, IN CONNECTION WITH OR ARISING FROM YOUR USE OF DataHaven.NET WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR DataHaven.NET WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR DataHaven.NET WEBSITES.

9.5 Limitation of Liability: Subject to paragraphs 9.3 and 9.4 above, DataHaven.NET shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to DataHaven.NET, for:

(a) any indirect, special, incidental or consequential damages; or

(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or

(c) any damage to or corruption of data (whether direct or indirect);

(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:

your inability to use the Software to contact Emergency Services; 
your failure to make additional arrangements to access Emergency Services in accordance with paragraph 5.5 above; 
the service limitations set out in paragraph 5.6; 
your failure to provide accurate physical location information to an Emergency Services operative; or 
conduct of third party Emergency Services operatives and calling centres to which you may be connected.

(e) any claim, damage or loss (whether direct or indirect) arising from or relating to: 
any product or service provided by a third party under their own terms of service, including without limitation, any Third Party Technology; 
any third party website.

9.6 Subject to paragraphs 9.3 - 9.5 above, DataHaven.NET’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF FIVE THOUSAND EUROS IN ALL CASES.

9.7 If any third party brings a claim against DataHaven.NET in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold DataHaven.NET harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

10. THIRD PARTY WEBSITES PRODUCTS AND SERVICES

10.1 Third parties may offer products or services via the Software and/or DataHaven.NET Websites, including games, applications, images, ring tones, or avatars. Whilst DataHaven.NET takes no responsibility for such products or services, if you encounter any problems with payment for or download, use of installation of such products or services, DataHaven.NET will use commercially reasonable endeavours to assist or resolve the problems. The third party products or services may be subject to the third party provider’s own terms and privacy policy that you may have to accept upon download or installation. You should review such terms before making any purchase or using any third party product or service and DataHaven.NET shall not be responsible for your failure to do so.

10.2 You acknowledge and agree that any third party product information and pricing that is shown on the DataHaven.NET Websites regarding third party products and services is given to DataHaven.NET by the applicable third party merchant (“Merchant”). The Merchant has the ability to change their pricing or terminate their product availability at anytime. DataHaven.NET is not involved in any transactions between you and any Merchant whose products and/or services are listed on the DataHaven.NET Websites. DataHaven.NET does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the DataHaven.NET Websites; (v) links to the Merchants’ websites that are featured on the DataHaven.NET Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.

10.3 The Software and DataHaven.NET Websites may include hyperlinks to other third party websites. DataHaven.NET is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.

11. HOW TO CONTACT DataHaven.NET

11.1 To contact DataHaven.NET in relation to the DataHaven.NET Software or “DataHaven.NET” branded Products, please submit a support request to to.datahaven@gmail.com.

11.2 If you contact DataHaven.NET by any means other than as set out in paragraphs 11.1, your request may not be acknowledged.

12. MISCELLANEOUS

12.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with DataHaven.NET.

12.2 For your convenience, DataHaven.NET may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with DataHaven.NET.

12.3 These Terms constitute the entire agreement between you and DataHaven.NET with respect to your use of the Software, Products and/or DataHaven.NET Websites and replace any prior agreements between you and DataHaven.NET with respect to the Software, Products and/or DataHaven.NET Websites.

12.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

12.5 The failure by DataHaven.NET to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of DataHaven.NET’s right or remedy. If DataHaven.NET waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.

12.6 You may not assign these Terms or any rights or obligations contained in them. DataHaven.NET may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.

12.7 This paragraph 12, along with paragraphs, 4.2, 9 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.

12.8 You acknowledge and agree that if DataHaven.NET is unable to provide the Software, Products and/or DataHaven.NET Websites as a result of a force majeure event, DataHaven.NET will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of DataHaven.NET.

12.9 These Terms shall be governed by and interpreted in accordance with the laws of Anguilla and shall be subject to the jurisdiction of the courts of the district of Anguilla.

DataHaven.NET reserves the right to change the fair usage policy at any time. Changes shall become effective when published on the DataHaven.NET Website. Your continued use of Qik Premium after publication on the DataHaven.NET Website shall constitute your acceptance to be bound by the terms and conditions of the revised fair usage policy.

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