Thank you for your interest in Damaka, Inc. We welcome you to our website, as well as all related web sites, downloadable software, mobile applications, and products and services provided by us.
Welcome to damaka, Inc.! (“Web Site”) Please read the following Terms of Use carefully before using this Web Site or downloading any of our products, so that you are aware of your legal rights and obligations with respect to damaka, Inc.
damaka reserves the right to change the terms, conditions, and notices under which it offers the damaka Web Sites. You are responsible for regularly reviewing these terms, conditions and notices. Your continued use of the damaka Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
damaka application and services are made available for your personal, non-commercial use only. You may not use the damaka application and services to sell a product or service, or to increase traffic to your Web Site for commercial reasons. If you want to make commercial use of the damaka application and services, you must enter into an agreement with damaka to do so in advance. Please contact us for more information.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy.
Use of damaka Application:
damaka application, sometimes referred to as (the “Application”) and accompanying documentation that are made available by download from this Web Site are the copyrighted work of damaka. Use of the Application is governed by the terms of the end user license agreement (“EULA”) that is referenced on this Web Site. By downloading such Application, you agree to the EULA.
Your use of any application associated with the damaka Web Site will be governed by the terms and conditions of the EULA accompanying such Application. damaka reserves all rights to such Application not expressly granted to you in this Agreement. Such Application is protected by copyright and other intellectual property laws and treaties. damaka or its suppliers own the title, copyright, and other intellectual property rights in such application, and such application is licensed, not sold. You will not disassemble, decompile, or reverse engineer or otherwise attempt to discover the source code of the Application available on the Web Site. damaka may automatically check your version of such application and may request permission to download upgrades to such application to your computer.
damaka does not warrant that the functions contained in the service provided by the Web Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each User will select a password (“Password”) and User Name (“User Name”). You shall provide damaka with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify damaka of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. damaka cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that damaka, in its sole discretion, deems inappropriate or offensive.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at damaka's sole discretion, and you may be reported to appropriate law-enforcement agencies.
Except as expressly provided otherwise in a written agreement between you and damaka, the materials in or purchased through this Web Site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, damaka disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Without limiting the foregoing, damaka does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. damaka does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not damaka) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Without limitation of the foregoing, you acknowledge that as a service to users of the damaka application, we include links to other Web Sites on the World Wide Web portion of the internet and that damaka has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such Web Sites and you hereby irrevocably waive any claim against us with respect to such Web Sites.
Under no circumstances, including, but not limited to, negligence, shall damaka be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the Web Site, or any other Web Site, even if damaka or a damaka authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No advice or information, whether written or oral, obtained by you from damaka or from or through the Web Site shall create any warranty not expressly stated in the terms of use. In no event shall damaka's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAMAKA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAMAKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE SECTION IMMEDIATELY ABOVE ON LIMITATIONS MAY NOT APPLY TO YOU.
The license for use of the Web Site and the Materials is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies thereof. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by damaka to effect such termination. Upon termination of this Terms of Use, you agree to destroy the Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to damaka at your expense.
damaka may provide links to other Web Sites that we feel are relevant and interesting to our users (“Links”). damaka is not responsible for the content on the Links and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Links may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
Certain parts of the Web Site may ask for written suggestions or problem reports such as using your email client (“Feedback”). The Feedback shall be deemed the property of damaka. damaka shall exclusively own all now known or hereafter existing rights to the Feedback throughout the universe in perpetuity and shall be entitled to use the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback. In any event, any Feedback you send to damaka will not be treated as confidential and damaka shall not be liable for any disclosure of the Feedback.
You agree to indemnify and hold damaka, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to your use of the Web Site, your connection to the Web Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
This Web Site is controlled and operated by damaka. damaka makes no representation that materials in the Web Site are appropriate or available for use in your location. Those who choose to access this Web Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of damaka or other third parties. You are not permitted to use the Marks without the prior written consent of damaka or such third party, which may own the Marks. damaka and the damaka logo are trademarks of damaka, Inc.
damaka will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Web Site or on Web Sites linked to from this Web Site, please notify damaka.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed
- a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled
- a description of where the material that you claim is infringing is located on the Web Site
- information sufficient to permit damaka to contact you, such as your physical address, telephone number, and email address
- a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law
- a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
damaka Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o damaka, Inc.
2460 N. Central Expy, Suite 202
Richardson, TX 75080
USA
By email: copyright@damaka.com
These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by damaka.
If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Web Site, please contacts us at: info@damaka.com
At damaka, we strive to develop innovative services to better serve our users. We recognize that privacy is an important issue, so we design and operate our services with the protection of your privacy in mind. This Privacy Policy outlines the types of personal information we gather when you use damaka's application, as well as some of the steps we take to safeguard it.
damaka, Inc. provides the damaka application (“Application”) and manages operations of the damaka services (“Services”). damaka Application is provided to all users for free but services require registration in order to function. Through these services, you can register to become a user of the damaka Services and communicate with other damaka users through Instant Messaging, voice communication, and/or other forms of communication. From time to time, new services may be added which improve, modify or extend the functionality of the damaka Services.
damaka Application is installed on computers with an installer downloaded from www.damaka.com. By clicking the download button on the damaka Web Site, User agrees to the damaka End User License Agreement (“EULA”). damaka is not responsible if the User downloads the application without reading the Disclaimer, Privacy Policy, Terms of Use and EULA. You can uninstall the damaka Application from the standard Windows Control Panel at any time.
damaka Application will determine that there is a newer version available, which has improved or new functionality and/or bug fixes. You will be asked for your permission before an update is performed. In certain cases, you may be requested to download the newer version before proceeding further. This is to ensure that certain functionality or any critical bug fixes has to be part of the Application before you can start to use the Application.
damaka services require you to register for an account. damaka asks you for some personal information in order to create an account (typically your name, email address, a password for your account, date of birth (for age verification purpose) and optional gender information) and we will use this information to provide the service.
damaka's web site may requests you to provide feedback which will utilize your default email application to send us your feedback.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.
We restrict access to your personally identifying information to employees who need to know that information in order to operate, develop or improve our services.
We provide mechanisms for updating and correcting your personal information.
damaka does not collect any communication contents such as calls or Instant Messages (IM) unless requested by law enforcement agencies. You have an option to store / delete IM, call contents in your local disk. Temporary / Cache files are used for proper functioning of the Application. You should notify all relevant parties when storing such communication content.
damaka is committed to protecting the security of your personal information. damaka uses secure technology to protect any information you provide to us. Your computer resources can not be accessed by any third party through damaka Application.
damaka application or services are not directed to children. We will never knowingly collect information from users under the age of 13.
DAMAKA DOES NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER ANY PERSONAL INFORMATION COLLECTED THROUGH DAMAKA APPLICATION OR SERVICE TO ANY THIRD PARTY OUTSIDE THE DAMAKA NETWORK. DAMAKA MAY, HOWEVER, ENGAGE A THIRD PARTY IN ORDER TO CARRY OUT DAMAKA'S COMMUNICATION AND/OR MARKETING, STRICTLY ON DAMAKA'S BEHALF AND UNDER DAMAKA'S RESPONSIBILITY. DAMAKA WILL TREAT ANY INFORMATION YOU PROVIDE TO DAMAKA AS CONFIDENTIAL INFORMATION AND WILL NOT DISCLOSE IT TO ANY THIRD PARTY OUTSIDE THE DAMAKA NETWORK.
In the event that damaka is ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, damaka reserves the right to transfer its user databases together with any personally identifiable information contained therein, to a third-party acquiring damaka's assets. In the event damaka does so, it will place a prominent notice of change of control on the homepage of its corporate website, with links to information as to how you can change your privacy preferences.
Please note this Privacy Policy will change from time to time. We expect most such changes to be minor, but there may be changes that are more significant. We will post those changes on this page. If you have any additional questions, please feel free to contact us any time at privacymatters@damaka.com
Please be careful and responsible whenever you're online. While we strive to protect your personal Information, damaka cannot ensure or warrant the security of any Information you transmit to us except for information specifically covered by damaka's End User License Agreement or Privacy Policy. The use of damaka Application and Services is done at your own risk.
Damaka Inc, referred to as "damaka" at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime. By using this service the user waives any rights or claims it may have against damaka.
The content available through the Site is the sole property of damaka or its licensors and is protected by copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, damaka-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without damaka's express prior written consent.
WITHOUT LIMITING THE FOREGOING, DAMAKA SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS ADVERTISE THEIR PRODUCTS AND SERVICES ON THE DAMAKA WEB SITE. DAMAKA FORMS PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS DAMAKA MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL DAMAKA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST DAMAKA WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
DAMAKA DOES NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER ANY PERSONAL INFORMATION COLLECTED THROUGH DAMAKA APPLICATION OR SERVICE TO ANY THIRD PARTY OUTSIDE THE DAMAKA NETWORK. DAMAKA MAY, HOWEVER, ENGAGE A THIRD PARTY IN ORDER TO CARRY OUT DAMAKA'S COMMUNICATION AND/OR MARKETING, STRICTLY ON DAMAKA'S BEHALF AND UNDER DAMAKA'S RESPONSIBILITY. DAMAKA WILL TREAT ANY INFORMATION YOU PROVIDE TO DAMAKA AS CONFIDENTIAL INFORMATION AND WILL NOT DISCLOSE IT TO ANY THIRD PARTY OUTSIDE THE DAMAKA NETWORK.
Product names, logos, brands, and other trademarks featured or referred to within this website are the property of their respective trademark holders. These trademark holders are not affiliated with Damaka, Inc, our products or our website. They do not sponsor or endorse Damaka's product offering or our UCC solutions.