These Terms of Service are effective as of January 1, 2014, and were last updated on February 2, 2015.
Dashcube ("Dashcube") is a service of Dashcube, LLC ("Dashcube"), a limited liability corporation located at 1376 Kirby Road, McLean, VA, USA, 22101.
By using, visiting or accessing Dashcube’s websites, applications and services (“Dashcube”, “the Service”, “we”, “our”, the “Site”), and all services of Dashcube LLC, you, or the organization on behalf of which you are using Dashcube are agreeing to be bound by the following terms and conditions (“Terms”, “Terms of Service”). You can only use Dashcube if you can do so in compliance with all applicable laws and regulations, as well as these Terms of Service. Your access to and use of the Services is conditional upon your acceptance of, and compliance with, these Terms. By accessing or using the Services you agree to be bound by these Terms. If you are accessing the service on behalf of an organization, including an employer, you represent and warrant that you have the authority to bind the organization to these terms. “You” refers to you as an individual, or to the organization on behalf of which you are accessing Dashcube.
These Terms of Service govern not only your access to and use of Dashcube but also any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services ("Content").
Dashcube is based on a customer development model that involves the constant evolution of our design, features and services. Dashcube reserves the right to change the Service, and these Terms of Service, at any time, without prior notice. The most current version can be found at https://Dashcube.com/terms. If the revision, in Dashcube’s sole discretion, is material, Dashcube may attempt to notify you via email to the email address associated with your account. By continuing to access or use Dashcube after those revisions become effective, you agree to be bound by the revised terms. We may stop the Service at any time, either temporarily or permanently, also without prior notice.
We reserve all rights not expressly granted in these Terms in the Service.
Your Dashcube account (your “Account”) gives you access to all applicable Dashcube services, subject to changes to the Service or to your Account type and your status as a trial or paying customer of Dashcube.
When you create an Account or change your Account details, the information you provide must be accurate. It is your responsibility to ensure that this information is both accurate and up to date. To use Dashcube you must be at least nineteen (19) years of age, or the age of majority in the jurisdiction where you reside, if that age is greater than 19. You must not use Dashcube to do anything illegal. You must be a human person (this condition excludes automated “users”). You must not share your own user account with other people. You accept responsibility for any Content you post to Dashcube. You are responsible for keeping your password secure and for any loss or damage resulting from your failure to do so. If you become aware that your password security has been compromised, or of any unauthorized use of your account or other breach of security, you must notify Dashcube immediately.
We reserve the right to refuse or cancel service to anyone at any time for any reason or no reason.
Dashcube does not own your Content. To allow you to download Dashcube and/or to display the Service, we grant you a worldwide, royalty-free, non-exclusive, non-sublicensable and non-transferable license to any Content posted to Dashcube solely for the purposes of using the Service. We are not responsible for what happens to the Content you post to Dashcube including but not limited to its corruption and/or its deletion. Any publicly or privately posted Content is the sole responsibility of the person who originated it. You represent and warrant that you have all the rights necessary to grant the rights granted herein to any Content that you post to Dashcube. Any and all Content you post on Dashcube must comply with all applicable U.S. copyright laws and related regulations.
You grant us a a worldwide, royalty-free, non-exclusive, and non-transferable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute all Content used in connection with Dashcube to you and other users. We may modify or adapt any Content in order to transmit, display or distribute it over computer networks or other media.
We will sublicense your Content to make it available to other users of Dashcube in accordance with acceptable use, and compliance with these Terms of Service, and to permit a third-party hosted services provider to host the Service. We will not sublicense your Content for other purposes.
All Content, rights, title and interest in and to Dashcube excluding your Content, are and will remain the property of Dashcube. Our copyright, trademark, and all other property and intellectual property rights are protected by the laws of the United States and other countries, as well as international copyright, intellectual property and other treaties.
We reserve the right to remove or reject any Content posted to the Service. We also reserve the right to read, store, and disclose any information necessary for the following purposes:
We reserve the right to terminate these licenses at any time for any reason or for no reason.
You may not use, reproduce, modify, distribute or store any Dashcube Content for any purpose other than the authorized use of the Service. You agree not to use Dashcube in unacceptable ways, which include but are not limited to the following:
You may not send, receive, or download messages or any other Content or materials that are inappropriate or represent a violation of copyright, intellectual property, or other laws or rights.
You will not use Dashcube to do or promote anything illegal.
You will not attempt to breach, probe, or in any way damage or compromise the security and technical activity of Dashcube.
You will not disrupt the access of any network, host or user. This includes but is not limited to such activities as sending viruses, creating Content which can cause an undue burden on Dashcube or anything which may interfere with the Service.
You will not use Dashcube to send spam or any unsolicited communications.
You will not attempt to modify, copy, reverse engineer, edit or copy any Dashcube software.
You may not abuse any officer or employee of Dashcube or any of its users. If you do engage in abusive behavior we reserve the right to terminate your account at our sole discretion.
We are not liable in any way for any damage or losses incurred as a result of the use of any Content posted to Dashcube. You are responsible for your use of Dashcube and for any consequences of your use of Dashcube.
We reserve the right to disable your account temporarily or permanently if your usage is significantly greater than that of the average user. If you suspect your use may exceed the average, please contact us at firstname.lastname@example.org.
Dashcube is currently in private beta. As such, there are specific Private Beta Period Terms which apply to all Dashcube Users. You agree that your use of the Service is subject to these Private Beta Period Terms.
No Special Pilot Project Program: There is no special "pilot project" program separate from the Dashcube Private Beta Period. The terms of the Dashcube Private Beta Period apply to all users of Dashcube. No person or organization other than Dashcube has the legal authority to offer the Dashcube service. Dashcube only offers the Dashcube service at these Dashcube Private Beta Period terms.
Evaluation Only: Your use of the Service is only to perform a confidential evaluation of the Dashcube Service, and not to conduct critical business processes with sensitive information. During the Private Beta Period, do not use Dashcube for anything other than evaluating Dashcube.
Confidentiality: All product features and design of Dashcube is considered Confidential Information. Confidential Information shall not be divulged or made accessible to third parties without the written or emailed permission of Dashcube. Emailed or written permission can be obtained from only one of the following three people: Peter Armstrong (email@example.com), Len Epp (firstname.lastname@example.org) or Chris Carkhuff (email@example.com). This clause survives completion, cancellation or termination.
A Policy of No Data Retention: During the private beta period of Dashcube we reserve the right to delete any and all user account data at any time. This includes, but is not limited to, all "cubes", tasks, attachments, messages and user information.
No Service Level Agreement: There is no service level agreement during the private beta period. The Dashcube Service may be shut down temporarily or permanently at any time without notice. Also, your access to the Dashcube Service may be revoked at any time for any reason.
Billing information associated with your account must be current, complete and accurate. Unless you terminate your plan or notify Dashcube of a security concern regarding your billing information, you agree that we may continue charging you in accordance with the terms of your account. You are responsible for cancelling your account using the account cancellation feature in Dashcube in your Settings. There is no other way to cancel a Dashcube account. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination. We do not accept liability for the loss of any Content or features resulting from the downgrading of your account plan.
Account prices may be changed, subject to 35 days’ prior notice from us. Such notice may take the form of posted changes to our website. Payment for Dashcube accounts is billed in advance and is non-refundable. All fees are exclusive of all taxes or other fees that may be imposed upon you by taxing authorities, and you are responsible for payment of all such fees, excluding only taxes applicable in the United States.
If you wish to notify us of alleged copyright infringement, we will reply of you submit your notice in accordance with our DMCA Policy.
You shall indemnify and hold Dashcube harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), lawyer's fees and expenses that Dashcube may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of these Terms of Service, and for any act or omission by you which is in any way related thereto.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Dashcube AND ITS PARTNERS DISCLAIM ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. Dashcube will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Dashcube has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Dashcube or through the Services, will create any warranty not expressly made herein. Dashcube may also in its discretion modify the features, availability, operation and/or look and feel of Leanpub from time to time without notice to our users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DASHCUBE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (OTHER THAN CONTENT CONTRIBUTORS GRANTING LICENCES PURSUANT TO THESE TERMS) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, OPPORTUNITY, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DASHCUBE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree that the liability of Dashcube its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to Dashcube in connection with the transaction giving rise to such claim. Any action under these Terms must be commenced within one (1) year after such cause of action occurs.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Dashcube its officers, employees, affiliates and agents which, but for this provision, would give rise to the cause of action against Dashcube in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under these Terms are as expressly set out in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. Therefore, the limitations above may not apply to you.
The failure of Dashcube to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Every provision of these Terms is intended to be severable. If any section of these Terms is found to be invalid or unenforceable, then such section will be deemed amended and will be interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from these Terms and the rest of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of Virginia, United States, without regard to or application of the conflict of law provisions of your state or country of residence. All claims, legal proceedings or litigation arising in connection with Dashcube will be brought solely in Richmond, Virginia, United States, and you consent to the jurisdiction of such courts and waive any objection as to inconvenient forum. Notwithstanding the foregoing, Dashcube reserves the right to seek injunctive, specific performance or any other equitable remedy from any court of competent jurisdiction.
These Terms are binding. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Dashcube makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Content in violation of United States export regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable local laws and any local taxes that may be payable.
Dashcube may include links to third-party websites, services or other parties. The presence of a link to a third-party website does not represent an endorsement or the assumption of any responsibility for the Content of the third-party website, including but not limited to its products and services. We are not responsible for any damage, loss, or otherwise negative consequence to you arising from your use of third-party websites, services or other parties.
We may reassign the licences and rights granted under these Terms of Service without restriction. However, any licenses and rights and granted to you under these Terms of Service may not be reassigned or transferred by you.
Our failure to assert any of these Terms or any associated rights shall not constitute a waiver of any of our rights or any of these Terms. These Terms of Service constitute the entire agreement between you and Dashcube. If a court of competent jursidiction deems any of these Terms invalid, that will not affect the validity of any other of these Terms. Any waiver of any of these Terms will apply to any other of these terms.
Dashcube’s design is copyright @2013-2015 Dashcube LLC. You may not copy or reuse any HTML, CSS or design elements without permission.
We intend to offer great support to every user, but we cannot guarantee that any issue will be resolved, or that it will be resolved within any particular period of time.
You may contact us at firstname.lastname@example.org with any questions about these Terms.