Website Terms of Service
Last updated May 31, 2019
, the Cookies Policy,
, and the Disclaimer,
, the "Terms" or "Terms of Service")
govern your relationship with www.dynimize.com website (the "Website") operated by
Dynimize, Inc. ("us", "we", or "our").
Please read these Terms of Service carefully before using the Website.
Your access to and use of the Website is based on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms and
accept all legal consequences. If you do not agree to these terms,
in whole or in part, please do not use the Website.
If you wish to purchase any product or service made available through the
Website ("Purchase"), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of
We reserve the right to refuse or cancel your order at any time for certain
reasons including but not limited to: product or service availability, errors
in the description or price of the product or service, error in your order or
We reserve the right to refuse or cancel your order if fraud or an
unauthorised or illegal transaction is suspected. We will not be held
responsible or liable for any failure for the Purchase to complete, or any
resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the
products and services on the Website.
We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability,
and services. We reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Website
may have an error regarding the price, be inaccurately described, or be
We may experience delays in updating information on the Website and in our
advertising on other websites.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions")
made available through the Website may be governed by rules that are separate
from these Terms. If you participate in any Promotions, please review the
conflict with these Terms, the Promotion rules will apply.
Promotions may be available for a limited time.
Dynimize, Inc., in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
Dynimize, Inc. will provide you with a reasonable prior notice of any change
in Subscription fees to give you an opportunity to terminate your Subscription
before such change becomes effective.
Your continued use of the Website after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Website allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
("Content"). You are responsible for the Content that you post to the Website,
including its legality, reliability, and appropriateness.
By posting Content to the Website, you grant us the right and license to use,
modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through the Website. You retain any and all of your rights to
any Content you submit, post or display on or through the Website and you are
responsible for protecting those rights. You agree that this license includes
the right for us to make your Content available to other users of the Website,
who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you
have the right to use it and grant us the rights and license as provided in
these Terms, and (ii) the posting of your Content on or through the Website
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person.
Without limiting the foregoing, we reserve all rights to block or remove
communications or materials that we determine to be: (a) abusive, defamatory, or
obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a
copyright, trademark or, other intellectual property right of another or; (d)
offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute
user-generated content on the Website, we are merely acting as a passive
conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the Website.
When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on our Website.
You are responsible for safeguarding the password that you use to access the
Website and for any activities or actions under your password, whether your
password is with our Website or a third-party service.
You agree not to disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trade mark that is subject to any
rights of another person or entity other than you without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.
The Website and all contents, including but not limited to text, images,
graphics or code are the property of Dynimize, Inc. and are protected by
copyright, trademarks, database and other intellectual property rights. You
may display and copy, download or print portions of the material from the
different areas of the Website only for your own use, or to place an order with
Dynimize, Inc. Any other use is strictly prohibited and may violate copyright,
trademark and other laws. These Terms do not grant you a license to use any
trademark of Dynimize, Inc. or its affiliates. You further agree not to use,
change or delete any proprietary notices from materials downloaded from the
Links To Other Web Sites
The Website may contain links to third-party web sites or services that are
not owned or controlled by Dynimize, Inc.
Dynimize, Inc. has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that Dynimize, Inc. shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such websites or
We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.
We may terminate or suspend access to our Website immediately, without prior
notice or liability, for any reason whatsoever, including, without limitation,
if you breach the Terms.
All provisions of the Terms shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Upon termination, your right to use the Website will immediately cease. If you
wish to terminate your account, you may simply discontinue using the Website.
You agree to indemnify, defend and hold harmless Dynimize, Inc., its
principals, officers, directors, representatives, employees, contractors,
licensors, licensees, suppliers and agents, from and against any claims,
losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting
from your use of the Website; (b) your breach of any of these Terms; (c)
anything you post on or upload to the Website; and (d) any activity related to
your account. This includes any negligent or illegal conduct by you, any
person or entity accessing the Website using your account whether such access
is obtained via fraudulent or illegal means.
Limitation Of Liability
Dynimize, Inc., its directors, employees, partners, agents, suppliers, or
affiliates, shall not be liable for any loss or damage, direct or indirect,
incidental, special, consequential or punitive damages, including without
limitation, economic loss, loss or damage to electronic media or data,
goodwill, or other intangible losses, resulting from (i) your access to or use
of the Website; (ii) your inability to access or use the Website; (iii) any
conduct or content of any third-party on or related to the Website; (iv) any
content obtained from or through the Website; and (v) the unauthorized access
to, use of or alteration of your transmissions or content, whether based on
warranty, contract, tort (including negligence) or any other claim in law,
whether or not we have been informed of the possibility of such damage, and
even if a remedy set forth herein is found to have failed of its essential
Disclaimer And Non-Waiver of Rights
Dynimize, Inc. makes no guarantees, representations or warranties of any kind
as regards the website and associated technology. Any purportedly applicable
warranties, terms and conditions are excluded, to the fullest extent permitted
by law. Your use of the Website is at your sole risk. The Website is provided
on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without
warranties of any kind, whether express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose,
non-infringement or course of performance, except as provided for under the
laws of any province in Canada. In such cases, the provincial law shall apply
to the extent necessary.
Dynimize, Inc. its subsidiaries, affiliates, and its licensors do not warrant
that a) the Website will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Website is free of viruses or other harmful components; or d) the results
of using the Website will meet your requirements.
If you breach any of these Terms and Dynimize, Inc. chooses not to immediately
act, or chooses not to act at all, Dynimize, Inc. will still be entitled to
all rights and remedies at any later date, or in any other situation, where
you breach these Terms. Dynimize, Inc. does not waive any of its rights.
Dynimize, Inc. shall not be responsible for any purported breach of these
Terms caused by circumstances beyond its control. A person who is not a party
to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under
As set out, above, some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you. Provincial
laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance
with, the laws in the Province of Ontario and the laws of Canada, as
If any provision of these Terms is held to be invalid or unenforceable by a
court of competent jurisdiction, then any remaining provisions of these Terms
will remain in effect. These Terms constitute the entire agreement between us
regarding our Website, and supersede and replace any prior agreements, oral or
otherwise, regarding the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will make reasonable efforts to
provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, in whole or in part, please stop using the website and the
If you have any questions about these Terms, please contact us:
By email: email@example.com