Terms and Conditions

This website is owned and managed by KS Smart Solutions. By accessing and using the www.dablyu.com web site, (the “Web Site”), you are agreeing to be legally bound by these Terms & Conditions. The terms “you” and “User” refer to anyone who accesses the Web Site.

Dablyu may change these Terms & Conditions at any time without notice. Changes will be posted on the website under “Terms”.

Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms & Conditions and all of the changes. Therefore, you should read these Terms & Conditions from time to time for changes.

 

USE OF THE WEB SITE

Dablyu hereby grants you a non-exclusive, non-transferable, limited license to access and use the Web Site for the fees, if applicable, and under the terms set forth below.

The Web Site and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the Web Site, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms & Conditions, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of Dablyu (asldablyu@gmail.com)

The Content is the exclusive property of Dablyu or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Web Site may be registered or unregistered marks of Dablyu or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of Dablyu or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other Dablyu material, please contact Dablyu at askdablyu@gmail.com

You may not use the Web Site for any unlawful purpose. You shall honor all reasonable requests by the website to protect Dablyu’s proprietary interests in the website.

 

LIMITATION OF LIABILITY

You are entirely liable for activities conducted by you in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. The website  will not pay you any damages in connection with your browsing or use of the Web

Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. NEITHER THE WEBSITE NOR DABLYU MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE WEB SITE, THE WEB SITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEB SITE. THE WEBSITE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NEITHER THE WEBSITE NOR DABLYU SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE WEBSITE, DABLYU NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEB SITE. NEITHER THE WEBSITE NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL THE WEBSITE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.

The website assumes no responsibility for the use of third party software on the website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

 

LINKS TO OTHER WEB SITES

You may, through hypertext or other computer links, gain access to web sites operated by persons other than the website Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites’ owners. You agree that the website is not responsible for the content or operation of such web sites, and that the website shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that the website endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Web Site.

 

THE USER’S CONTENT

The User grants to Dablyu the non-exclusive right to use all material entered into the Web site by the User (other than third-party material transmitted through private electronic mail) in any of The Dablyu’s print or electronic publications (“Other Content”).

Users entering material into the Web site are responsible for the Other Content. Neither the website nor Dablyu has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Web Site. However, the website retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that the website deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through the Web Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of the website.

The User agrees to indemnify the website and Dablyu from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that the website, Dablyu, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User’s breach of this Agreement; or (ii) material entered into the Web site with the use of the User’s screen name or password.

 

PAYMENTS, CANCELLATION & REFUNDS

All information, reports, content and access rights purchased on the website are non refundable.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

 

INTELLECTUAL PROPERTY RIGHTS (“IPR”)

The Website and/or App and the processes, and their selection and arrangement, including but notlimited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Website and/or App is owned and controlled by Dablyu and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Dablyu owns all IPR to and into the trademark “DABLYU“, and the Website and/or App, including, without limitation, compilation of all content, software, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, images, audio clips, digital downloads, data compilations, and software, source code, meta tags, databases, text, content, graphics, icons, logos and hyperlinks.

Dablyu expressly reserves all IPR in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website and/or App. The compilation (meaning the collection, arrangement and assembly) of the content on the Website and/or App is the exclusive property of Dablyu. The mark “Dablyu” and the contents of the Website and/or App are the sole property of Dablyu. Reproduction in whole or in part of the same is strictly prohibited without the express written permission of Dablyu. All names, logos, and images on Dablyu constitute trademarks and/or copyrights of Dablyu or the respective content owners. Content shall not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of the respective author/owner of the content and Dablyu is expressly prohibited. You acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Website and/or App are the property of Dablyu and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Website and/or App. Use of the content and materials for any purpose not expressly permitted in these Terms of Use, is prohibited. We are not liable for any infringement of copyrights, trademarks, or other proprietary or IPR arising out of content posted on or transmitted through the Website and/or App, or items advertised on the Website and/or App, by our other users. Further, you agree not to download any material/Content/User Content (including the User Content submitted by you) from the Website and/or App.

Except as expressly provided herein, you acknowledge and agree that You shall not copy, republish, post, download, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Dablyu or thirty party owner of such Content.

Intellectual Property” for the purpose of the Terms of Use, shall mean all copyrights (including without limitation the exclusive right to reproduce, distribute copies of, display and perform the copyrighted work and to prepare derivative works), copyright registrations and applications, trademark rights (including, without limitation, registrations and applications), patent rights (whether registered or unregistered), trade names or business names, registered and unregistered design rights, mask-work rights, trade secrets, moral rights, author’s rights, rights in packaging, goodwill and other intellectual property rights, and all renewals and extension thereof and all rights or forms of protection of a similar nature or having an equivalent or similar effect to any of the above, which may subsist anywhere in the world, regardless of whether any of such rights arise under the laws of India or any other state, country or jurisdiction.

 

IPR IN USER CONTENT

You hereby understand and agree that any User Content created using the Services on our Website and/or App, shall be uploaded on our Website and/or App by the mechanism stated hereunder. Dablyu shall, in its sole discretion, upload the User Content, which is submitted to us by You.

You shall be free to create your Content using our Website and/or App in the form of videos, graphics, images etc. However, while doing this, the Users shall ensure that all the works done and published and/or submitted for uploading on our Website and/or App, in any form, shall be the User’s original work and/or the Users shall ensure that they have the legal right to use and/or submit for uploading such work and have the requisite approvals for using and/or permit the uploading such works by us. The Users by submitting such content for uploading imply that they are legally entitled to use and submit such content for uploading.

The User unconditionally agrees that any User Content developed using the Website and/or App and/or submitted to Dablyu for uploading, shall be the property of Dablyu and any IPR authorship rights and all other rights of whatsoever nature, in the User Content, in whatever form or medium, shall vest and remain vested in perpetuity and worldwide with Dablyu.

Incase the User has used any content owned by another party, the User shall obtain prior written consent for use of the same for creating User Consent. Further, the User shall give due credit to the owner of the rights in such content submitted to us to be uploaded by the Users, wherever required.

The Users hereby understand that Dablyu does not guarantee any confidentiality with respect to any content that the Users may submit for uploading or create using the App.

The User hereby agrees that by creating, submitting for uploading and/or uploading in any form, User Content created by using our Website and/or App or otherwise, the User hereby grants Dablyu all existing and future IPR including all copyrights, moral rights, language rights, and any other intellectual rights, of whatsoever nature, in the User Content, worldwide, in perpetuity, without limitation, exclusive, royalty-free, transferable without any material, financial or territorial limitation and without any payment and/or consideration due from Dablyu, the right to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the content in connection with Dablyu’s services and Dablyu’s business, including without limitation for promoting and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels, commercially or otherwise.
Notwithstanding anything contained elsewhere in this Terms of Use, it is hereby agreed that the IPR in Dablyu’s Confidential Information and the content contributed by Dablyu towards creation of the Website and/or App shall at all times remain the property of Dablyu. Dablyu does not extend any rights of any nature to the User, unless so granted in writing by Dablyu.

The User represents and undertakes that the User has the requisite IPR in relation to the User’s Content provided and/or submitted to Dablyu through the use of its Website and/or App and has the legal right and authority to provide and/or submit the same to Dablyu for its inclusion on its Website and/or App.

The User undertakes that there are no pending actions, suits or proceeding, existing, threatened, anticipated or pending against any User’s Content.

The User shall not acquire any rights in respect of Dablyu or its group companies’ names, trademarks, designs, patents, patent applications, copyrights or other IPR, including those obtained from third parties under license or otherwise, for inclusion on its Website and/or App.

 

ADDITIONAL LEGAL TERMS

This Agreement will continue until terminated by either the or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.

Dablyu may discontinue or change the Web Site or its availability to you, at any time.

This Agreement constitutes the entire agreement between the parties relating to Web site and supersedes any and all other agreements, oral or in writing, with respect to the Web Site. The failure of the website, to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of India and subject to jurisdiction of courts of Bangalore, as if the Agreement was a contract wholly entered into and wholly performed within Bangalore, and any litigation related to this Agreement shall be brought exclusively in the courts of Bangalore. All rights not expressly granted herein are reserved.

 

ANTI-HACKING PROVISION

You expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:

(1) use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;

(2) use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, proc-ess or methodology or manual process having similar processes or functionality, to access, ac-quire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Web Site without prior express written consent;

(3) obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;

(4) in any way bypass or circumvent any other measure employed to limit or pre-vent access to the Web Site or its content;

(5) violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any server associated with this Web Site, through hacking, password mining or any other means;

(6) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site;

(7) take or attempt any action that, in the sole discretion of this Web Site’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation’s infrastructure.

 

CONTACT US

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website and/or App. The contact details of the Grievance Officer are askdablyu@gmail.com

 

MISCELLANEOUS:

No waiver by us of any breach of these terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.

The rights and remedies of is under these terms are independent, cumulative and without prejudice to our rights under the law.

These terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party.

If any provision of this Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms of Use shall continue to be in full force and effect.

This Terms of Use, as may be updated from time to time and represents the complete agreement and understanding with respect to the Service and supersedes any other written or oral agreement.