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Effective date: October 6th, 2020
The following terms and conditions (the “Terms of Service”) govern all use of the www.datakin.com website (the “Site”). By using the Site, you agree to be bound by the Terms of Service. Datakin Inc. (“Datakin”) reserves the right to modify or replace the Terms of Service and all other operating rules, policies and procedures that may be published on the Site by Datakin from time to time without notice. Please review the Terms of Service periodically so that you will be apprised of any changes. Continued use of the Site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
You agree that all content and materials (collectively, “Content”) made available by Datakin on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Datakin in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from such Content. However, you may print or download a reasonable number of copies of the Content on the Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Datakin.
All Content on the Site, including but not limited to text, graphics, logos, icons, images, and video clips, is the exclusive property of Datakin or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of Content on the Site is the exclusive property of Datakin and is also protected by U.S. and international copyright laws. The Content on the Site may be used as a resource, provided that Datakin is cited as the source of such Content. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited.
Datakin and the Datakin logo are trademarks or registered trademarks of Datakin. All other trademarks mentioned on the Site are the property of their respective owners. The trademarks and logos displayed on the Site may not be used without the prior written consent of Datakin or their respective owners.
THE SITE AND CONTENT IS PROVIDED BY DATAKIN ON AN “AS IS” BASIS.
DATAKIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DATAKIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Although Datakin has attempted to provide accurate information on the Site, Datakin assumes no responsibility for the accuracy or completeness of the information. Datakin may change the programs or products mentioned on the Site at any time without notice, but Datakin makes no commitment to update the programs or products mentioned on the Site in any respect. Any mention of non-Datakin products or services on the Site is for information purposes only and constitutes neither an endorsement nor a recommendation unless otherwise stipulated by Datakin.
DATAKIN WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY DATAKIN PRODUCT OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF DATAKIN MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Site may contain links to third party websites. Access to any other Internet website linked to the Site is at your own risk and Datakin is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, Datakin is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. Datakin provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.
Datakin may terminate or suspend access to the Site immediately, without prior notice or liability, if you breach the Terms of Service or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service are not assignable, transferable or sublicensable by you except with Datakin’s prior written consent. The Terms of Service shall be governed by and construed in accordance with the laws of the state of New York, without regard to the conflict of laws provisions thereof, as if made within New York between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in New York County. Both parties agree that the Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Datakin in any respect whatsoever.
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