last modification: 04/07/2017
The DNA Crack Services are provided by DNA Crack LC (referred to herein together with its affiliates as “DNA Crack”, “us”, “we” or the “Company”), a Texas Limited Liability company, located in Austin, TX, United States. The DNA Crack Services are controlled by DNA Crack.
You may only use the DNA Crack Services according to the DNA Crack Code of Conduct (as defined below) and as permitted by law. We may suspend or stop providing the DNA Crack Services to you if you do not comply with our terms or the DNA Crack Code of Conduct or policies or if we are investigating suspected misconduct.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the DNA Crack Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
DNA Crack Code of Conduct
By agreeing to these Terms, you’re agreeing that, when using the DNA Crack Services, you will follow these rules:
i. Don’t do anything illegal or use DNA Crack Services to do anything illegal.
ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
iii. Don’t send or post spam. Spam includes but is not limited to unwanted or unsolicited email, postings and contact requests.
iv. Don’t publicly display or use the DNA Crack Services to share inappropriate Content or material (involving, for example, nudity, pornography, graphic violence, or criminal activity).
v. Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the DNA Crack Services to negatively affect others, ratings, or comments).
vi. Don’t circumvent any restrictions on access to or availability of the DNA Crack Services.
vii. Don’t engage in activity that is harmful to you, the DNA Crack Services, or others (e.g., transmitting viruses, hacking, stalking, communicating hate speech, terrorism, conspiracy or advocating violence against others).
viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted material).
ix. Don’t engage in activity that violates the privacy of others.
x. Don’t engage in activity that creates an unfriendly atmosphere for our users.
xi. Don’t engage in activities that are disruptive or that reduce the value of the DNA Crack Services to our customers or the community.
xii. Don’t help others break these rules.
Commonly Used Terms and their Definitions
All initial capitalized terms used in this Agreement shall have the meaning ascribed to such terms. In addition to the terms defined elsewhere in this Agreement, the following terms shall have the meaning listed below:
• “Intellectual Property Rights” means any writing, trade name, trademark, service mark, artwork, design or any other material registered or otherwise protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret or similar laws.
• “Person” means any individual, trust or legal entity.
• “Personally Identifiable Information” means information that can be reasonably linked to a specific User.
• “Proprietary Information” includes any scientific, technical, trade or business secrets of any person or entity and any scientific, technical, trade or business materials that a person or entity treats, or is obligated to treat, as confidential or proprietary, including, but not limited to, Inventions belonging to a person or entity and confidential information obtained by or given to a person or entity about or belonging to a third party.
• “User Content” includes all information that a User may generate or transmit to the DNA Crack Services and the Site and which may become available for use or display, including without limitation to all designs, text, graphics, pictures, video, animation, information, schematics, illustrations, diagrams, and other files and creative output, in whatever format.
• “User” is anyone that accesses the DNA Crack Services other than the Company.
• “Site Content” means all information on the Site and available through the DNA Crack Services, including without limitation designs, text, graphics, pictures, video, animation, information, music, sound, audio, illustrations, diagrams, data, and other files and creative output, in whatever format, and their selection and arrangement.
Control of the DNA Crack Services
You acknowledge that DNA Crack is a service provider that generally does not regulate the content of Users’ interactions with the DNA Crack Services. As a result, DNA Crack has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of User Content provided by Users. Nonetheless, DNA Crack reserves the right to monitor and/or limit any User Content provided by a User on the DNA Crack Services.
Other Parties Rights in Content
You acknowledge that: (i) by using the DNA Crack Services may have access to User Content provided by other Users, and (ii) User Content and Site Content may be provided under license by independent content providers, including contributions from other Users. The Company may not pre-screen User Content submitted by Users to the DNA Crack Services. You acknowledge that the Company and other Users have rights in their respective Site Content and User Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of or posting on the DNA Crack Services. You accept full responsibility and liability for your use of any DNA Crack Services or Site Content or User Content in violation of any such rights. You agree that your creation or submission of any User Content is not in any way based upon any expectation of compensation from the Company or any other Users.
Service Interruptions and Changes to the DNA Crack Services
DNA Crack reserves the right to interrupt the DNA Crack Services with or without prior notice for any reason or no reason. You agree that DNA Crack will not be liable for any interruption of the DNA Crack Services, delay or failure to perform. DNA Crack has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the DNA Crack Services as it sees fit in its sole discretion.
In consideration of your use of the DNA Crack Services, you agree to provide accurate, current and complete information about you as may be prompted by any forms on the DNA Crack Services or Site.
Proprietary Rights in Site Content; Limited License
You understand and agree that by submitting User Content to any area of the DNA Crack Services, you automatically grant (and you represent and warrant that you have the right to grant) to the Company: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce and distribute your User Content within the DNA Crack Services, as permitted by you through your interactions on the DNA Crack Services, (b) the perpetual and irrevocable right to delete any or all of your User Content from the DNA Crack Services, for any reason or no reason, whether intentional or unintentional, and, without any liability of any kind to you or any other party; and (c) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your User Content as the Company may deem necessary or desirable for the purposes of marketing or research in connection with the DNA Crack Services.
“DNA CRACK”, “crack the art of life” and other product names, brands, graphics, logos, designs, page headers, button icons, scripts and service names used by DNA Crack to identify the DNA Crack Services, Site and/or other services and/or products owned by DNA Crack or its affiliated companies are trademarks or trade dress (collectively, the “Marks”) of DNA Crack and its affiliated companies in the U.S. and/or other countries. The Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or association or affiliation with DNA Crack and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Conduct by Users; Prohibited Conduct
You agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit to or via the DNA Crack Services any User Content that infringes or violates any third party rights; (ii) impersonate any Person without their consent, including, but not limited to, a DNA Crack employee, or falsely state or otherwise misrepresent your affiliation with any Person; (iii) take any action or upload, post, e-mail or otherwise transmit to or via the DNA Crack Services any User Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit to or via the DNA Crack Services any User Content as determined by DNA Crack at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit to or via the DNA Crack Services any User Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personally Identifiable Information; (vi) take any action or upload, post, email or otherwise transmit to or via the DNA Crack Services any User Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit to or via the DNA Crack Services any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that the Company considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the DNA Crack Services or servers or networks connected to the DNA Crack Services, or disobey any requirements, procedures, policies or regulations of networks connected to the DNA Crack Services; (ix) attempt to gain access to any other User’s Personally Identifiable Information; or (x) “stalk”, abuse or attempt to abuse, or otherwise harass another user. Any violation by you of the terms of the foregoing may result in immediate and permanent suspension from accessing the DNA Crack Services.
Copyright Infringement Complaints
Any infringing materials posted by any User can be identified and removed pursuant to DNA Crack’s Digital Millennium Copyright Act (the “DMCA”) compliance process, provided herein, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. You can find out more about the DMCA HERE.
If you believe that any Site Content infringes a copyright, please send a notice of copyright infringement containing the following information to firstname.lastname@example.org.
• Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material;
• Identification of the Site Content claimed to be infringing including the specific location within the DNA Crack Services of the allegedly infringing Site Content;
• Your contact information, including address, telephone number and e-mail address, and if you are not the owner of the copyright that has been allegedly infringed, an explanation of your relationship to the copyright owner;
• A statement that you have a good faith belief that the allegedly infringing Site Content is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and
• Your signature.
DNA Crack will, upon receiving your notice of copyright infringement, if that notice complies with the foregoing five requirements, take one or more of the following actions: (a) reasonably determine that the allegedly infringing Site Content is not infringing, and allow the Site Content to remain, (b) contact the Person who posted the allegedly infringing Site Content concerning your notice of infringement, and (c) remove the allegedly infringing Site Content. By your use of the DNA Crack Services, you expressly agree to and accept the foregoing DMCA compliance process, acknowledge its compliance with U.S. copyright law, and waive any and all claims against DNA Crack directly relating to, or arising from, the foregoing DMCA compliance process.
Any amounts that may otherwise be or may become due from the Company to any User, who has submitted User Content that infringes any Intellectual Property Rights or discloses Proprietary Information of any other Person is subject to forfeiture, at the sole discretion of the Company.
DNA Crack is not responsible or liable in any manner for any User Content posted on the DNA Crack Services or in connection with the DNA Crack Services. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the DNA Crack Services and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content you may encounter on the DNA Crack Services or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or DNA Crack Services. DNA Crack is not responsible or liable in any manner for any content posted on the DNA Crack Services that may be inadvertently inaccurate or outdated. By your use of the DNA Crack Services, you expressly agree to accept responsibly for independently verifying information obtained on the DNA Crack Services. By your use of the DNA Crack Services, you expressly agree to accept all information obtained on the DNA Crack Services for your own recreational enjoyment and NOT for purposes of deducing advice and/or making decisions, including but not limited to advice and decisions relating to ones health.
Disputes Between Users
As a condition of access to the Site and the DNA Crack Services, you release DNA Crack (and DNA Crack’s affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the DNA Crack Services; including, without limitation, any claim that another User infringes upon your Intellectual Property Rights in any User Content that you may provide. You further understand and agree that: (a) DNA Crack will have the right but not the obligation to resolve disputes between Users relating to the DNA Crack Services, and DNA Crack’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent DNA Crack elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the DNA Crack Services and will not make judgments regarding legal issues or claims; (c) DNA Crack’s resolution of such disputes will be final with respect to the DNA Crack Services but will have no bearing on any real-world legal disputes in which Users of the DNA Crack Services may become involved; and (d) you hereby release DNA Crack (and DNA Crack’s affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with DNA Crack’s resolution of disputes relating to the Site or the DNA Crack Services.
YOU UNDERSTAND AND AGREE THAT DNA CRACK HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY SITE CONTENT (INCLUDING YOUR USER CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT ANY LIABILITY OF ANY KIND.
DNA Crack’s liability to you is expressly limited, to the extent allowable under applicable law.
IN NO EVENT SHALL DNA CRACK OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THE DNA CRACK SERVICES OR THE SITE (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION).
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE DNA CRACK SERVICES IS SOLELY AT YOUR OWN RISK, AND THAT YOU ACCEPT RESPONSIBILITY FOR ALL LOSSES, DAMAGES AND EXPENSES ARISING OUT OF SUCH USE.
Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that DNA Crack shall not be held responsible or liable for anything that occurs or results from accessing or participating in the DNA Crack Services.
DNA CRACK PROVIDES THE DNA CRACK SERVICES STRICTLY ON AN “AS IS” BASIS, Without Express or Implied Warranties, PROVIDED AND ACCEPTED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, the Company does not ensure continuous, error-free, secure or virus-free operation of the DNA Crack Services and you understand that you shall not be entitled to make any claim based on DNA Crack’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
All Sales Made on an “as is” basis
UNLESS OTHERWISE STATED BY THE COMPANY IN WRITING ON THIS SITE OR THE DNA CRACK SERVICES, ALL SALES MADE ON THE DNA CRACK SERVICES ARE STRICTLY ON AN “AS IS” BASIS, PROVIDED AND ACCEPTED AT YOUR OWN RISK, AND DNA CRACK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNLESS OTHERWISE STATED BY THE COMPANY IN WRITING ON THIS SITE or the DNA CRACK SERVICES, ALL SALES MADE BY THE COMPANY ARE REFUNDED ACCORDING TO OUR REFUND AND EXCHANGE POLICY.
We reserve the right to limit the quantities of any products or services that we offer. The sales of our products or Services to any geographic region or jurisdiction may be limited, on a case-by-case basis. All descriptions of products or product pricing are subject to change at anytime without notice. We reserve the right to discontinue any product at any time. We may refuse an order you place with us, on a case by case basis. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You hereby agree to defend, indemnify and hold harmless DNA Crack, its affiliates, directors, officers, subsidiaries, employees, agents, suppliers, distributors, successors and assigns and other Users of the DNA Crack Services, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the DNA Crack Services. You agree to defend, indemnify and hold harmless the Company, its affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any claims by third parties that your activity on the DNA Crack Services or your User Content infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.
Dispute Resolution; Governing Law; Venue and Jurisdiction
YOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE DNA CRACK SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE DNA CRACK SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that DNA Crack may seek injunctive relief in state or federal court located in Travis County, Texas concerning any violation by a User of any of the User Conduct Rules set forth above, and in such case, the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
The DNA Crack Services and The Site are controlled and operated by DNA Crack from its offices within the United States of America. DNA Crack makes no representation that any aspect of the DNA Crack Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the DNA Crack Services from other locations are responsible for compliance with applicable local laws. You agree to comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the DNA Crack Services and its use.
The Company’s failure to act with respect to a breach by you or others does not waive DNA Crack’s right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by DNA Crack under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of the Company. All or any of DNA Crack’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the DNA Crack Services in a merger, acquisition or sale of all or substantially all of DNA Crack’s assets. You may not assign or transfer this Agreement or any or all of your rights or obligations hereunder without the prior written consent of the Company, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of DNA Crack shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of DNA Crack.
This Agreement sets forth the entire understanding and agreement between you and DNA Crack with respect to the subject matter hereof. The section headings used herein, including descriptive headings, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
DNA Crack may give notice to you by means of a general notice through the DNA Crack Services, by electronic mail to your e-mail address in our records, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record. All notices given by you or required under this Agreement shall be electronically mailed to us at the contact information provided below, unless otherwise provided in this Agreement: