Terms and Conditions

This Terms and Conditions of Use Was Updated: 23 November 2018

  1. Introduction
  2. Copyright notice
  3. License to use website
  4. Acceptable use
  5. Registration and accounts
  6. User login details
  7. Cancellation and suspension of account
  8. Dating services
  9. Personal profiles
  10. Fees
  11. Distance contracts: cancellation right
  12. Your content: license
  13. Your content: rules
  14. Report abuse
  15. Warranty Disclaimer
  16. Limitations and exclusions of liability
  17. Indemnity
  18. Breaches of these terms and conditions
  19. Third party websites
  20. Trade marks
  21. Variation
  22. Assignment
  23. Severability
  24. Third party rights
  25. Entire agreement
  26. Law and jurisdiction
  27. Statutory and regulatory disclosures
  28. Digital Millennium Copyright Act
  29. Unsolicited Material and Ideas
  30. Our details

 

 

  1. Introduction

1.1     These terms and conditions shall govern your use of DaBliss.com.

1.2     By using DaBliss.com, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. In addition, when using a particular DaBliss.com service, you agree to abide by any applicable posted guidelines, which may change from time to time.

1.3     If you use the services of DaBliss.com, which includes DaBliss.com, operated by Personal Data Systems Inc., (the “Company”). By accessing DaBliss.com or another similar website operated, hosted or powered by the Company (each, and collectively where the context requires, the “Website”), and by using any services available on any Website (the “Service”), you agree to be bound by these Terms of Use (this “Agreement”). This Agreement governs the use of the Service and access to the Website; please read it carefully because, we will ask you to expressly agree to these terms and conditions.

1.4     You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5     Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

  1. Copyright notice

2.1     Copyright (c) 2018 Personal Data Systems Inc.

2.2     Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)      all the copyright and other intellectual property rights in our website and the material on our website are reserved.

2.3     All content on the DaBliss.com website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Personal Data Systems, Inc. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. All Content displayed on or through DaBliss.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions

  1. License to use website

3.1     You may:

(a)      view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)      print pages from our website;

(d)     stream audio and video files from our website; and

(e)      use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2     Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3     You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

3.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)      show any material from our website in public;

(d)     exploit material from our website for a commercial purpose; or

(e)      redistribute material from our website.

3.6     Notwithstanding Section 3.5, you may redistribute a full and complete copy of our newsletter in print and electronic form to any person.

3.7     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Acceptable use

4.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)      access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)      violate the directives set out in the robots.txt file for our website; or

(g)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2     You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

4.3     We will prosecute to the fullest extent of the law any fraudulent activities.

  1. Registration and accounts

5.1     To be eligible for an account on our website under this Section 5, you must be resident or situated in the United States or Canada.

5.2     You may register for an account with our website by completing and submitting the account sign up form on our website and clicking on the verification link in the email that the website will send to you.

5.3     You must not allow any other person to use your account to access the website.

5.4     You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.5     You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

  1. User login details

6.1     If you register for an account with our website, we will provide you with the option to enter your email address for your user ID and you will choose your password in accordance with our password requirements.

6.2     Your user ID must not be misleading and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3     You must keep your password confidential.

6.4     You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5     You are responsible for any activity on our website conducted with your user ID and may be held liable for any losses arising out any misuse of your user ID.

  1. Cancellation and suspension of account

7.1     We may:

(a)      edit your account details;

(b)      temporarily suspend your account; and/or

(c)      cancel your account,

at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 7.1.

7.2     You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 7.2.

  1. Dating services

8.1     To become a subscriber to our website services, you must pay the applicable subscription fees after you have registered for an account with our website. We will send you an acknowledgement of your order. The contract between us for the supply of the website services shall come into force upon your payment and the issue of the order acknowledgement.

8.2     You will have the opportunity to identify and correct input errors prior to making your order by ensuring that you enter your individual email address for your account ID and comply with the applicable password requirements.

8.3     Registered users with appropriate subscriptions will be able to access dating-related services on our website, which may include:

(a)      the publication of a personal profile on our website;

(b)      access to our searchable database of other users’ personal profiles;

(c)      live chat with other website users;

(d)     private messaging of other website users; and/or

(e)      our automated matching services.

8.4     We may from time to time vary the benefits associated with a subscription with updates to our Terms and Conditions by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

8.5     At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed, and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal.

8.6     Save where expressly requested or permitted by us to do so, you must not add any information to our website that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).

8.7     You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and you will not hold us liable in respect of any loss or damage arising out of any user behavior or user information.

8.8     Any subscription you purchase grants you a single right of access. This right of access is authorized for the sole use by one (1) subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any third party. Commercial use of any subscription or any material found therein is strictly prohibited. No material you access with a subscription may be transferred to any other person or entity, whether commercial or non-commercial. No material accessed through a subscription may be displayed publicly or shared. In addition, materials may not be modified, or altered.

  1. Personal profiles

9.1     All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.

9.2     You must keep your personal profile on our website up to date.

9.3     Personal profile information must also comply with the provisions of Section 4 and Section 13.

  1. Fees

10.1   The fees in respect of our website services will be as set out on the website from time to time.

10.2   All amounts stated in or in relation to these terms and conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.

10.3   You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

10.4   We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

10.5   If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

10.6   If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)      an amount equal to the amount of the charge-back;

(b)      all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)      an administration fee of $25.00; and

(d)     all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.

10.7   If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

10.8   We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

  1. Distance contracts: cancellation right

11.1   This Section 11 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

11.2   You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a)      beginning upon the submission of your offer; and

(b)      ending at the end of your monthly subscription policies that you agreed to at the time of your membership sign up contract you entered into,

subject to Section 11.3. You do not have to give any reason for your withdrawal or cancellation.

11.3   You agree that we may begin the provision of services before the expiry of the period referred to in Section 11.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a)      if the services are fully performed, you will lose the right to cancel referred to in Section 11.2;

(b)      if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 11.

11.4   In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 11, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

11.5   If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 11, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 11.

11.6   At the time of your membership cancellation you will not be charged for any further months of membership. Your current membership time will remain in place that you have already paid for and your membership will be canceled at the end of such period. No refunds will be given for membership periods that remain effective fir the time period paid for.

  1. Your content: license

12.1   In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

12.2   You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store and publish your content on and in relation to this website and related website or mobile application, and any successors thereto.

12.3   You grant to us the right to sub-license the rights licensed under Section 12.2.

12.4   You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.

12.5   You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

12.6   You may edit your content to the extent permitted using the editing functionality made available on our website.

12.7   Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

13.1   You warrant and represent that your content will comply with these terms and conditions.

13.2   Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

13.3   Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)      be libellous or maliciously false;

(b)      be obscene or indecent;

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)     infringe any right of confidence, right of privacy or right under data protection legislation;

(e)      constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)      be in contempt of any court, or in breach of any court order;

(h)      be in breach of racial or religious hatred or discrimination legislation;

(i)       be blasphemous;

(j)       be in breach of official secrets legislation;

(k)      be in breach of any contractual obligation owed to any person;

(l)       depict violence in an explicit, graphic or gratuitous manner;

(m)     be pornographic, lewd, suggestive or sexually explicit;

(n)      be untrue, false, inaccurate or misleading;

(o)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)      constitute spam;

(q)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)      cause annoyance, inconvenience or needless anxiety to any person.

13.4   Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

13.5   You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

13.6   You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

  1. Report abuse

14.1   If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

14.2   You can let us know about any such material or activity by email at Admin@DaBliss.com and we will take action at our earliest opportunity.

  1. Warranty Disclaimer

15.1   DABLISS.COM, INCLUDING ANY CONTENT, THIRD-PARTY CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERSONAL DATA SYSTEMS, INC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

15.2   PERSONAL DATA SYSTEMS, INC. MAKES NO WARRANTY THAT: (I) DABLISS.COM WILL MEET YOUR REQUIREMENTS, (II) DABLISS.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DABLISS.COM WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN DABLISS.COM WILL BE CORRECTED.

15.3   PERSONAL DATA SYSTEMS, INC. IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY AND PERSONAL DATA SYSTEMS, INC. WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.

15.4   YOU ACKNOWLEDGE THAT PERSONAL DATA SYSTEMS, INC. HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON DABLISS.COM, THE TRUTH OR ACCURACY OF ANY THIRD-PARTY CONTENT.

15.5   PERSONAL DATA SYSTEMS, INC., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO DABLISS.COM, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN DABLISS.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH DABLISS.COM AND/OR SITE-RELATED SERVICES IS TO STOP USING DABLISS.COM AND/OR THOSE SERVICES.

15.6   WE RESERVE THE RIGHT TO DISCONTINUE OR ALTER ANY OR ALL OF OUR WEBSITE SERVICES, AND TO STOP PUBLISHING OUR WEBSITE, AT ANY TIME IN OUR SOLE DISCRETION WITHOUT NOTICE OR EXPLANATION; AND SAVE TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS AND CONDITIONS, YOU WILL NOT BE ENTITLED TO ANY COMPENSATION OR OTHER PAYMENT UPON THE DISCONTINUANCE OR ALTERATION OF ANY WEBSITE SERVICES, OR IF WE STOP PUBLISHING THE WEBSITE.

  1. Limitations and exclusions of liability

16.1   The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

16.2   To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

16.3   We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

16.4   We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

16.5   We will not be liable to you in respect of any loss or corruption of any data, database or software.

16.6   We will not be liable to you in respect of any special, indirect or consequential loss or damage.

16.7   You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

16.8   Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

(a)      $19.95; and

(b)      the total amount paid and payable to us under the contract.

  1. Indemnity

17.1   You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

  1. Breaches of these terms and conditions

18.1   Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to our website;

(c)      permanently prohibit you from accessing our website;

(d)     block computers using your IP address from accessing our website;

(e)      contact any or all of your internet service providers and request that they block your access to our website;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)      suspend or delete your account on our website.

18.2   Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Third party websites

19.1   Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

19.2   We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Trade marks

20.1   DaBliss name and Logo have been trademarked and are owned by Personal Data Systems Inc., our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

20.2   The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

  1. Variation

21.1   We may revise these terms and conditions from time to time.

21.2   If we revise these terms and conditions, we will post the amended terms on this page and indicate at the top of the page the date the terms were last revised. The most current version of these terms of use will supersede all previous versions. Your continued use of DaBliss.com after any such changes constitutes your acceptance of the new terms of use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) DaBliss.com.

21.3   If you are a consumer and you have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes.  We will give you at least 10 days’ prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.

  1. Assignment

22.1   You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

22.2   You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

23.1   If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

23.2   If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

24.1   A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

24.2   The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

25.1   These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

26.1   You agree that the DaBliss.com website shall be deemed solely based in the State of Nevada.

26.2   The DaBliss.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Personal Data Systems, Inc., either specific or general, in jurisdictions other than Nevada.

26.3   Governing Law / Jurisdiction. These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. These Terms of Use are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Use, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.

26.4   Disputes. Any dispute, claim or controversy arising out of or relating to the DaBliss.com website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the DaBliss.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

26.5   Statute of Limitations.  You agree to file any claim regarding any aspect of DaBliss.com or these Terms of Use within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

26.6   Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND Personal Data Systems, Inc. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  1. Statutory and regulatory disclosures

27.1   We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

27.2   These terms and conditions are available in the English language only.

  1. Digital Millennium Copyright Act

28.1   Infringement Not Permitted. Personal Data Systems, Inc. does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Personal Data Systems, Inc. will remove any content if properly notified that such content infringes on another’s intellectual property rights. Personal Data Systems, Inc. reserves the right to remove any content without prior notice.

28.2   DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a)      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b)      Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c)      Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(d)     Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(e)      A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f)      A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Personal Data Systems, Inc.’s designated Copyright Agent to receive notifications of claimed infringement is:

Personal Data Systems, Inc.

Attn: Copyright Agent

2620 South Maryland Parkway, #14-891, Las Vegas, Nevada, 89109

Admin@DaBliss.com

 

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

 

28.3   Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:

(a)      Your physical or electronic signature;

(b)      Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

(c)      A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

(d)     Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

28.4   Effect of Counternotice. If a counter-notice is received by the Copyright Agent, DaBliss.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DaBliss.com sole discretion.

  1. Unsolicited Material and Ideas

29.1   We are happy to hear from users and welcome feedback regarding DaBliss.com. However, neither the DaBliss.com nor Personal Data Systems, Inc. are responsible for the similarity of any of its content in any media to materials or ideas you provide to DaBliss.com.

29.2   If you transmit unsolicited submissions to us through DaBliss.com or otherwise, you grant Personal Data Systems, Inc. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Personal Data Systems, Inc. sees fit.

29.3.  By using DaBliss.com and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against DaBliss.com, Personal Data Systems, Inc. and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.

  1. Our details

30.1   This website is owned and operated by Personal Data Systems Inc.

30.2   We are registered in the State of Nevada under registration number 20180456593-03, and our registered office is at 2620 South Maryland Parkway, #14-891, Las Vegas, Nevada, 89109.

30.3   Our principal place of business is at 2620 South Maryland Parkway, #14-891, Las Vegas, Nevada, 89109.

30.4   You can contact us:

(a)      by post, using the postal address 2620 South Maryland Parkway, #14-891, Las Vegas, Nevada, 89109;

(b)      using our website contact form;

(c)      by telephone, on 725-221-3955; or

(d)     by email, using Admin@DaBliss.com.