IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. Access to and use of this website, service or other application (collectively the "Service") is provided by Nembala LLC, ("I", "me", "us" or "we") subject to the following terms (the "Terms" or "Agreement"):
1. ACCEPTANCE OF TERMS: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
2. COPYRIGHTS AND TRADEMARKS: This Service and all materials incorporated on this Service (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the titles, characters, logos or other images incorporated by 'Nembala LLC' on this Service are also protected as registered or unregistered trademarks, trade names and/or service marks ("Trademarks") owned by 'Nembala LLC'. All other trademarks are the property of their respective owners. Use of the Trademarks of 'Nembala LLC' or of any other party is not authorized in any manner other than as incorporated into this Service.
3. INFRINGEMENT NOTICE: If you believe that any content appearing on this Service has been copied in a way that constitutes copyright infringement under the laws of the U.S, please forward the following information to the Copyright Agent named below:
a) Your name, address, telephone number, and email address;
b) A description of the copyrighted work that you claim has been infringed;
c) The exact URL or a description of where the alleged infringing material is located;
d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Nembala LLC
E-Mail: info@nembala.com
Please note that while 'Nembala LLC' seeks to preserve any and all exemptions from liability that may be available under the copyright law, this is not a stipulation that 'Nembala LLC' is a service provider as defined in 17 USC section 512c or elsewhere in the law.
4. DISCLAIMER OF WARRANTIES:
YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THIS SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THIS SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 'Nembala LLC' DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 'Nembala LLC' DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT 'Nembala LLC''S WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 'Nembala LLC' DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THIS SERVICE OR ANY SITES LINKED TO THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 'Nembala LLC' MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THIS SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND 'Nembala LLC' ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THIS SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
5. LIMITATION OF LIABILITY:
'Nembala LLC' DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF 'Nembala LLC' HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT 'Nembala LLC') ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
6. RULES OF CONDUCT:
(a) Please act responsibly when using this Service. You may only use this Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Service. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by 'Nembala LLC') or privately transmitted on or through this Service are the sole responsibility of the sender, not 'Nembala LLC', and that you are responsible for all material you upload, post or otherwise transmit to or through this Service.
(b) 'Nembala LLC' requires that you do not submit any Invited Submissions or Postings or otherwise make available on this Service any content, or act in a way, which in our opinion:
(i) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(ii) seeks to exploit or harm children;
(iii) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(iv) violates any law or may be considered to violate any law;
(v) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(vi) advocates or promotes illegal activity;
(vii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(viii) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Service;
(ix) solicits funds, advertisers or sponsors;
(x) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(xi) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Service;
(xii) copies any other pages or images on this Service except with appropriate authority;
(xiii) includes MP3 format files;
(xiv) amounts to a "pyramid" or similar scheme;
(xv) amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(xvi) disobeys any policy or regulations established from time to time regarding use of this Service or any networks connected to this Service; or
(xvii) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (i) to (xvi) above.
(c) In addition, unless otherwise permitted by 'Nembala LLC', you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by 'Nembala LLC' anywhere on this Service (e.g., on any web space made available for your use).
7. USE OF SUBMITTED CONTENT:
(a) 'Nembala LLC' will consider anything you provide to 'Nembala LLC' and/or contribute to this Service as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by additional terms appearing elsewhere on this Service (see "Submissions and Postings" above), in which event those Additional Terms will determine how we will treat your Invited Submissions.
(b) Subject to the provisions of any additional terms, by posting or uploading any content to this Service and/or providing any communication or material to 'TeamDash' web service or application ("User Content"), you automatically and irrevocably:
(i) grant and assign to 'Nembala LLC' a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by 'Nembala LLC' and/or by any person authorized by 'Nembala LLC', by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
(ii) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
(iii) appoint 'Nembala LLC' as your agent with full power to enter into any document and/or do any act 'Nembala LLC' may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
(iv) warrant that you are the owner of the User Content and entitled to enter into this Agreement; and
(v) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that 'Nembala LLC' shall not be liable for any use or disclosure of such User Content.
8. MODERATION/MONITORING: 'Nembala LLC' shall have the right, but not the obligation, to monitor any Invited Submissions, Postings or other material on TeamDash application, TeamDash.com or TeamDashApp.com (and their subdomains and services). 'Nembala LLC' shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted to TeamDash application, TeamDash.com or TeamDashApp.com (and their subdomains and services). Without limiting the foregoing, 'Nembala LLC' shall have the right to remove any material that 'Nembala LLC', in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.
9. HYPERLINKS TO AND FROM THIRD PARTY SITES: (a) This Service may link you to other sites on the "Internet". These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of 'Nembala LLC', and you acknowledge that (whether or not such sites are affiliated in any way with 'Nembala LLC') 'Nembala LLC' is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by 'Nembala LLC' or any association with its operators.
(b) 'Nembala LLC' cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from 'Nembala LLC' since other shop channels are owned and operated by independent retailers. 'Nembala LLC' does not endorse any of the merchandise, nor has 'Nembala LLC' taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. 'Nembala LLC' does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. The 'Nembala LLC' Privacy Policy does not govern any personally identifiable or other information collected by or disclosed to the third party. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
(c) Any area of this Service that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.
10. SYSTEM ABUSE:
(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Service.
(b) You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited.
11. INVESTIGATIONS/VIOLATIONS: 'Nembala LLC' reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any Invited Submission, Posting or e-mails you make or send to the Service. 'Nembala LLC' may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. We will collect and use any such information in accordance with the 'Nembala LLC' Privacy Policy. 'Nembala LLC' may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If 'Nembala LLC' believes, in its sole discretion, that a violation of these terms of this Agreement has occurred, it may edit or modify any Invited Submission, Posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. 'Nembala LLC' may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS 'Nembala LLC' FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 'Nembala LLC' DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER 'Nembala LLC' OR LAW ENFORCEMENT AUTHORITIES.
12. INDEMNITY: You agree to indemnify and hold harmless 'Nembala LLC', its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys" fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Service's servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
13. SEVERABILITY: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
14. ELECTRONIC SIGNATURE: As a Registered Accountholder, your use of the Services may enable you to enter into agreements and/or to make purchases electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by any such agreements and/or purchases, including without limitation all transactions you enter into in connection with the Service.
15. FORCE MAJEURE: 'Nembala LLC' shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.
16. DISPUTE RESOLUTION:
(a) Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Washington State . Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Washington State, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
(b) Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
(c) Exceptions to Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
(d) Corrections: There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
17. EXPORT CONTROL: You may not use or otherwise export or re-export any software associated with the Service except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, the software may not be exported or re-exported into any U.S. embargoed countries or to any persons listed as prohibited under applicable law or regulation.
18. MISCELLANEOUS: These Terms cannot be changed or terminated orally. Any failure of 'Nembala LLC' to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by 'Nembala LLC' of any provision of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of 'Nembala LLC'. 'Nembala LLC' may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of 'Nembala LLC'. If any provision of these Terms is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against 'Nembala LLC' by virtue of 'Nembala LLC' having drafted them. 'Nembala LLC' reserves the right to deny access to all or part of the Service to you or any person in its sole discretion without notice or liability of any kind. Any violation of these Terms may be referred to law enforcement authorities. These Terms constitute the entire understanding and agreement between you and 'Nembala LLC' and supersede any and all prior or inconsistent understandings relating to the Service and your use of the Service.
19. CLOSED CAPTIONING: If you have specific concerns or inquiries regarding closed captioning, please contact:
Nembala LLC
E-Mail: info@nembala.com
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE SERVICE.
Last updated: January 4, 2022