Terms of Service

Your Acceptance

1. These terms of service, as may be amended from time to time, (“Terms of Service”) govern your use of the Custom Codex application, Custom Codex website at customcodex.com (the “Site”) and related services (together, the “Service”), owned and operated by Dadavan Systems, Inc. (“Dadavan”, “Us”, “We”, or “Our”). By accessing or using the Service you signify your agreement to be bound by these Terms of Service and Dadavan’s Custom Codex Privacy Policy, found at customcodex.com/privacy and incorporated herein by reference. If you do not agree to be bound by these Terms of Service, do not access or use the Service.
2. Although Dadavan may attempt to notify you when major changes are made to the Terms of Service, we are under no obligation to do so and you should periodically review the most up-to-date version at http://www.customcodex.com/terms. Dadavan may, in its sole discretion, modify or revise the Terms of Service at any time, and your continued use of the Service constitutes your agreement to be bound by such modifications or revisions.

Service

1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
2. You are solely responsible for your use of the Service, your interaction with other users of the Service and any Content you post (or posted through your account) to the Service, and for any consequences thereof. You agree that Dadavan is not responsible or liable for the conduct of any user.
3. The Service may contain links to third party websites that are not owned or controlled by Dadavan. Dadavan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Dadavan will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly relieve Dadavan from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

Community Guidelines

1. You may not post violent, nude, unlawful, pornographic, obscene or sexually suggestive photos, videos or other Content via the Service.
2. You may not use the Service to (i) attack or demean individuals or groups, (ii) engage in predatory behavior, stalking, harassment, bullying, abuse or intimidation, (iii) defame or impersonate people or entities, (iv) incite violence in any way, (v) harm minors in any way, or (vi) engage in other hostile, harmful, discriminatory, hateful or offensive speech.
3. You may not disclose personal, confidential or any non-public information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers or non-public addresses, phone numbers or email addresses.
4. You may not use the Service for any illegal activity or unauthorized purposes and must comply with all laws, rules, and regulations, including federal, provincial/state, and local, applicable to your use of the Service and your Content, including but not limited to copyright and trademark laws.

Custom Codex Accounts

1. In order to access some features of the Service, you will have to create a Custom Codex account. If you choose to register for an account, you agree to provide and maintain true, accurate and complete information about yourself as prompted by the Service’s form. You must not use domain names or web URLs in your username without Dadavan’s prior written consent. You may not use another user’s account without permission. You are solely responsible for maintaining the confidentiality of your username and password. You are responsible for all activity that occurs on or through your account. You must notify Dadavan immediately upon becoming aware of any breach of security or unauthorized use of your password or account.
2. Dadavan will not be liable for any losses to you or any other party caused by any unauthorized use of your account.

General Use of the Service

1. You agree not to alter or modify any part of the Service.
2. You agree not to interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You agree not to inject content or code or otherwise alter or interfere with the way any Custom Codex content is rendered or displayed in a user’s browser or device. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
3. You agree not to use the Service for any of the following commercial uses unless you obtain Dadavan’s prior written approval: (i) the sale of access to the Service; or (ii) the sale of advertising, sponsorships, or promotions placed on or within the Service, including any Content shared on the Service.
4. Prohibited commercial uses do not include uploading original Content to the Service to promote your personal business or artistic enterprise.
5. In your use of the Service, you will comply with all applicable laws.
6. You may not access Dadavan’s private APIs unless authorized to do so by Dadavan.
7. You agree not to create any Custom Codex account through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
8. You agree not to crawl, scrape, cache, or otherwise access any Content within the Service via any automated means. You also agree that you will not copy, reproduce, distribute, display, post, download, or transmit any part of the Services in any form except as expressly authorized in these Terms of Use.
9. You agree not to create multiple accounts with the intention of being disruptive or abusive to the Service or as an effort to “game” the system by creating artificial influence around specific Content or accounts. If you are creating accounts that perform overlapping behaviors across specific scenarios, we may terminate all of your accounts in our sole discretion.
10. Dadavan may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data will be retained by the Services and the maximum storage space that will be allotted on Dadavan’s servers on your behalf. You agree that Dadavan has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Services. Dadavan reserves the right to modify or discontinue any aspect of the Service or your access to the Service for any reason, without notice, at any time, and without liability to you or any other party. Unless you have subscribed for maintenance and support services, Dadavan is not obligated to provide you with any support or maintenance in connection with the Services.

Your Use of Custom Codex Content

1. The Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to Dadavan, subject to copyright and other intellectual property rights under the law.
2. You may access Content for your personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You agree to not alter, remove, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and to not copy, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, broadcast, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Dadavan or the respective licensors of the Content. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Dadavan, and may not be copied, imitated or used, in whole or in part, without prior written permission from Dadavan.
3. Dadavan and its licensors reserve all rights not expressly granted in and to the Service and the Content.
4. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
5. Dadavan does not guarantee the accuracy, validity, or completeness of any Content on the Service, nor do we endorse or support any opinions expressed in any Content provided through the Service. You understand and acknowledge that you may be exposed to Content that may be deemed inaccurate, offensive, indecent, objectionable or otherwise inappropriate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Dadavan with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Dadavan, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service. Notwithstanding the fact that Dadavan may provide tools or processes to report inappropriate content, Dadavan does not and cannot review all Content submissions and has no obligation to prescreen, monitor, edit, or remove Content. Dadavan reserves the right to delete, move, or edit Content that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable, provided that Dadavan shall not be deemed the publisher of any Content by virtue of its right to control said Content.
6. You have no obligation to provide us with ideas, suggestions or proposals (“Feedback”). However, if you submit Feedback to Dadavan, you hereby assign to Dadavan all rights in the Feedback and agree that Dadavan shall have the right to use such Feedback and related information in any manner it deems appropriate without compensation to you. You agree that you will not submit to Dadavan any information or ideas that you consider to be confidential or proprietary. Dadavan will treat any Feedback you provide to Dadavan as non-confidential and non-proprietary.

Your Content; License to Dadavan

1. As a Custom Codex account holder, you may submit Content to the Service. You understand that Dadavan does not guarantee any confidentiality or privacy rights with respect to any Content you submit.
2. You shall be solely responsible for your own Content and the consequences of submitting your Content on the Service. You should only provide Content that you are comfortable publically sharing with others under these Terms of Service. You affirm, represent, and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction. You retain all of your ownership rights in your Content. By submitting Content to Dadavan, you hereby grant Dadavan a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, reproduce, process, modify, adapt, prepare derivative works of, monetize, publish, transmit, display, perform and distribute the Content in connection with the Service and Dadavan’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, including without limitation social media. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to access your Content through the Service, and to distribute and display such Content as permitted through the functionality of the Service and under the Terms of Service.
3. You hereby agree that Dadavan may place advertising, sponsorship or promotional material on the Service in conjunction with your Content. The manifestation of how such advertising and promotional content appear is subject to change over time without specific notification to you. You also understand that Dadavan may not always identify content as advertising or promotional content.
4. You are free to remove your Content at any time. You understand and agree, however, that Dadavan may retain, but not display, distribute or perform, server copies of your Content that have been removed or deleted by you. Further, you understand and agree that any Content you have submitted which has been previously downloaded by any other user or person will remain within the control of such user or person.
5. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Dadavan all of the license rights granted herein.
6. Dadavan expressly disclaims any and all liability in connection with Content. Dadavan does not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove Content if properly notified that such Content infringes on another’s intellectual property rights. Dadavan reserves the right to remove Content without prior notice.
7. You understand that the Service may be interrupted, including, without limitation, for scheduled or emergency maintenance, including upgrades or failure of telecommunications links and/or equipment. Given the nature of data/storage and the possibilities of content loss across the Service, Dadavan encourages all users to keep local copies of all Content they publish in Custom Codex. Dadavan is not liable to you or any other party for any modification, suspension or discontinuation of the Service or Content loss through use of the Service.

Account Termination

1. Dadavan will terminate a user’s access to the Service if Dadavan determines the user has violated these Terms of Service.
2. Dadavan reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, violation of the Community Guidelines set forth above. Dadavan may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of the Terms of Service. Content removed from the Service may continue to be stored on Dadavan servers, including for purposes of compliance with legal obligations.

Fees, Payments and Subscription Periods

1. Fees. The fees applicable for the Service (“Fees”) are available on the Site and/or in Dadavan’s then-current published price list. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You are responsible for any taxes and for all other charges incidental to using the Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency box quoted for your account. Dadavan reserves the right to change the quoted currency at any time. We’ll notify you in advance, either through the Service or to the email address you have most recently provided to us, if we change the price of the Service. If there’s a specific length and price for your Service offer already in effect, that price will remain in force for that time. After the offer period ends, your use of the Service will be charged at the then-current price. If your Service is on a period basis (for example, monthly) with no specific length, we’ll notify you of any price change at least 30 days in advance. If you don’t agree to these changes, you must cancel and stop using the Service by using the account cancellation functionality provided as part of the Service no later than three (3) business days prior to the conclusion of your current payment term, whether monthly, yearly, or otherwise. If you cancel, your Service ends at the end of your current Service period or payment period. If you fail to cancel in accordance with these Terms of Service, we will automatically renew the Service at the then-current price and for the same subscription period and will charge your credit card on file with us commencing on the first day of the renewal of the subscription period.
2. Payment. You must be authorized to use the credit card that you enter when you create a billing account. You authorize us to charge you for the Service using your credit card and for any paid feature of the Service that you choose to sign up for or use while these Terms of Service are in force. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of the difference for recurring subscription Services. We may bill you simultaneously for more than one of your prior billing periods. All paid accounts are due the date the invoice is posted on your account. Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed. You must keep all information in your billing account current. You can access and modify your billing account information by logging in to your account on the Site. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request. Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.
3. Subscription Period. You may elect one of the following subscription plans and billing options:
   1. A monthly subscription plan (“Monthly Subscription Plan”). The subscription period for the Monthly Subscription Plan will be one month and will automatically renew unless you cancel your Monthly Subscription Plan in accordance with these Terms at least three (3) business days prior to the renewal date. You will be billed monthly for the Monthly Subscription Plan on or about the same day each month until such time that you cancel your Monthly Subscription Plan. If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time; or
   2. An annual subscription plan (“Annual Subscription Plan”). The subscription period for the Annual Subscription Plan will be one year and will automatically renew each year on the anniversary of your Annual Subscription Plan unless you cancel your Annual Subscription Plan in accordance with these Terms at least ten (10) days prior to your renewal date. You will be billed annually for the Annual Subscription Plan on or about the same day each year until such time that you cancel your Annual Subscription Plan. For the avoidance of doubt, please note, you will not be permitted to cancel or downgrade to a lower level Service from the Service you have selected until the anniversary of your Annual Subscription Plan (for example, a ”Community” level account cannot downgrade to a “Personal” level account.) There will be no refunds for Annual Subscription Plan payments. Please be certain you are committing to a one (1) year period if you select the Annual Subscription Plan. If you are not certain, we recommend choosing the Monthly Subscription Plan. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.

Reporting Copyright Violations

Dadavan Complaint Agent
Dadavan Systems, Inc.
Attn: Dadavan support team
info@dadavan.com

Indemnification

Warranty Disclaimer

Limitation of Liability

Arbitration

Ability to Accept Terms of Service

Assignment

International Use

Communications

General