Text: +1 (818)744-4323 Address: 9397 Wedgewood Ln, Westminster, CA 92683, USA
© 2021-2024 Dakoli LLC. All Rights Reserved.
Legal Information & Notices
Welcome to Dakoli.com, Dakoli LLC. ("Dakoli"), Dakoli is a curated wholesale online marketplace connecting manufacturers in Vietnam and Asia with businesses, accessible through the www.dakoli.com website (collectively, the "Site") and mobile applications (collectively, the "Application") (together, the "Services"). Throughout these Terms of Service ("Terms"), the terms "Dakoli," "our," " us," and "we" refer to Dakoli. The words "you" and "your" refer to any visitor of the Site and the application and any user of the Services, including any Member (as defined below). These Terms govern your access to and use of the Services and Collective Content (described below) and constitute a binding legal agreement between you and Dakoli.
The Site is the property of Dakoli LLC and its licensor. We are registered in California, United States, and our office is at 9397 Wedgewood Ln, Westminster, CA, 92683.
Please read these Terms, our Privacy Policy, the Terms of Service, and Brand Terms of Service, all incorporated herein by reference and govern your access to and use of the Services. The Services are offered and available solely to users who are 18 or older. Using the Services, you represent and warrant that you are of legal age to form a binding contract with Dakoli.com and meet the initial eligibility requirements.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING THE SITE OR USING THE SERVICES (INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ONTO THE SERVICES), YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. THIS APPLIES WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICES; IF YOU DISAGREE, DO NOT USE THE SITE.
At our sole discretion, we reserve the right to modify, discontinue, or terminate the Services or any content, feature, or material we provide thereon or to modify these Terms at any time and without prior notice and have no obligation to update any information later. We will not be liable if all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all aspects of the Services to users, including Members. If we modify these Terms, we will post the modification on the Site or via the application. It is your responsibility to check these Terms of Use periodically for changes.
Your continued use of the Site following the posting of changes will mean you accept and agree to the changes. You agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
"Collective" means, collectively, Dakoli Content and Member Content.
"Content" means text, graphics, images, music, software (excluding the application), audio, video, information, or other materials.
"Dakoli Content" means Content that Dakoli.com makes available through the Services, including any Content licensed from a third party, excluding Member Content.
"Member" means a business that completes Dakoli's account registration process, as described below in the "Account Registration" section.
"Member Content" means content that a Member posts, uploads, publishes, submits, or transmits to Dakoli to be made available through the Services.
Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
Dakoli offers two types of Accounts. The first is a "User Account" for buyers who purchase goods through the Services for resale ("User"). The second is a "Seller Account" for sellers who offer to sell and sell their goods to Retailers through the Services ("Seller"). Each type of account gives access to different aspects of the Services.
A . User Account
To purchase goods through the Services as a User, you need to establish a User Account. You must submit customary information such as your first and last name, business type (e.g., LLC or Corporation), email address, and other information about your business. In addition, before you make your first purchase as a User, you may be required to provide additional information such as payment method information, reseller ID number, related documentation, and any other information as may be required by Dakoli. Further details regarding the data collected can be found in our Privacy Policy. For clarity, your use of the Services as a Seller is subject to the User Terms of Service referenced above.
B. Seller Account
To sell goods through the Services as a Seller, you must apply for approval from Dakoli. The application seeks basic information about you, your company, and your products. If approved as a Seller, you must submit additional information about your business, where to deposit funds from sales of your products, and applicable tax and related documentation (e.g., VAT ID.). Further details regarding the information collected can be found in our Privacy Policy. For clarity, your use of the Services as a Seller is subject to the Seller Terms of Service referenced above.
You agree to provide accurate, current, and complete information during the registration process and update such information to keep it current and done. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors, not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
You are responsible for safeguarding your password and agree that you will not disclose it to any third party. You agree that you are solely responsible for any activities or actions under your account, whether you authorized them or not. You will immediately notify us of any unauthorized use of your account. We have the right to turn off any user name, password, or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
C. Product
We try to display the products' colors, features, specifications, and details on the Site accurately. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products anytime for any reason. Prices for all products are subject to change.
D. Purchases and Payment
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which this reference makes terms a part of these Terms of Use. You agree to abide by such additional terms and conditions, including, where applicable, that you are of sufficient legal age to use or participate in such service or feature. Suppose there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or any service offered on or through the Site. In that case, the latter terms shall control your use of that portion of the Site or the specific service.
We accept the following forms of payment:
Visa
Mastercard
Stripe
PayPal
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.
You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price as we deem required. We and the Seller may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. Suppose your order is subject to recurring charges. In that case, you consent to our charging your payment method regularly without requiring our prior approval for each recurring appointment until you cancel the applicable order. The Seller and we reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. The Seller and we reserve the right to refuse any order placed through the Site. The Sellers and we may limit or cancel quantities at our sole discretion. The Seller and we reserve the right to refuse any order placed through the Site. We and the Seller may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, payment method, and orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
E. Return/ Refunds Policy
Please review our Return Policy posted on the Site before making any purchases.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used for commercial endeavors except those we endorse or approve. As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, the compilation, database, or directory without our written permission. They trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and the content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and the Site
Use any information from the Site to harass, abuse, or harm another person.
Misuse our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with applicable laws or regulations. For example, engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies impairs, disrupts, alters, or interferes with the service, features, functions, the operation, or maintenance of the Site.
Engage in automated system use, such as scripts to send comments or messages, data mining, robots, or similar data-gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, transparent graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "PCM").
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any part of the Site. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the Site.
Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or uses or launches any unauthorized script or other software.
Use a buying or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and email addresses of users by electronic or other means to send unsolicited emails or create user accounts by automated means or under pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and the Content for any revenue-generating endeavor or commercial enterprise. For example, use the Site to advertise or sell goods and services.
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. It may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable particular person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate any third party's privacy or publicity rights.
Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use or applicable law or regulation. Any use of the Site or the Marketplace Offerings in violation of the preceding violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.
You automatically grant by posting your Contributions to any part of the Site. You represent and warrant that you have the right to give us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such as Contributions, and grant and authorize sub-licenses of the preceding. The use and distribution may occur in any media format and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all your contributions and any associated intellectual property or other proprietary rights. We are not liable for any statements or representations in your contributions in any area on the Site. You are solely responsible for your contributions to the Site, and you expressly agree to exonerate us from any responsibility and refrain from any legal action against us regarding your contributions.
We have the right, in our sole and absolute discretion,
(1) to edit, redact, or otherwise change any Contributions;
(2) to. Categorize any Contributions to place them in more appropriate locations on the Site and
(3) to pre-screen or delete any Contributions at any time and for any reason without notice. We have no obligation to monitor your Contributions.
We may provide you with areas on the Site where you can leave reviews or ratings. However, when posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and
(8) you may not organize a campaign encouraging others to post positive or negative reviews. We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or delete reviews, even if anyone considers reviews objectionable or inaccurate. We do not endorse thoughts and do not necessarily represent our opinions or the views of our affiliates or partners. We do not assume liability for any review or claims, liabilities, or losses resulting from any review. By posting a review, you at this moment grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and distribute all content relating to the review.
Use License
Suppose you access the Marketplace Offerings via a mobile application. In that case, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly by the terms and conditions of this mobile application license contained in these Terms of Use.
You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application:
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended:
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial email or
(9) use any proprietary information, any of our interfaces, or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Marketplace Offerings:
(1) the license granted to you for our mobile application is limited to non-transferable permission to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and by the usage rules outlined in the applicable App Distributor's terms of service;
(2) we are responsible for providing any maintenance and support services concerning the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services concerning the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, by its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever concerning the mobile application;
(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country and (li) you are not listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the request) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights. We shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. At this moment, you waive all moral rights to any such Submissions and warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any third-party websites or Third-party content does not imply our approval or endorsement. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate from the Site or any applications you use or install. Any purchases you make through third-party websites will be made through other websites and from different companies, and we take no responsibility whatsoever for such assets, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or damage caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain site areas, such as a sidebar or banner advertisement. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We provide the space to place such advertisements and have no other relationship with advertisers.
We reserve the right, but not the obligation, to (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities: (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, Noticee, or liability, to remove from the Site or otherwise turn off all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States. You expressly consent to have your data transferred to and processed in the United States.
We respect the intellectual property rights of others. If you believe any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your notification will be sent to the person who posted or stored the material addressed in the notice. Please be advised that you may be liable for damages under applicable law if you make material misrepresentations in a Notification. Thus, if you are unsure that material located on or linked to by the Site infringes your copyright, you should consider contacting an attorney first.
It is Dakoli's policy, in appropriate circumstances and at its discretion, to disable and terminate the accounts of users who repeatedly infringe or are often charged with violating the copyrights or other intellectual property rights of others.
By the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Dakoli will respond expeditiously to claims of copyright infringement committed using the Dakoli and Dakoli subsidiary or affiliated websites (the "Sites") that are reported to support@dakoli.com, identified in the sample notice below.
If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to copyrights@dakoli.com. Upon receipt of the Notice, as described below, Dakoli will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
Identify the copyrighted work you claim has been infringed on, or - if this Notice covers multiple copyrighted works - you may provide a representative list of the copyrighted works you claim have been infringed on.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the notice:
"I now state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I now state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright allegedly infringed.."
Provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to copyrights@dakoli.com
Counter Notices
One who has posted material that allegedly infringes a copyright may send Dakoli a counter notice under Sections 512(g)(2) and 512(g)(3) of the DMCA. When Dakoli receives a counter notice, Dakoli will reinstate the material in question in not less than ten and not more than 14 business days after Dakoli receives the counter notice unless Dakoli first receives notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to Dakoli, please return the following form to copyrights@dakoli.com. Please note that if you provide a counter notice by the Dakoli Privacy Policy located at https://www.dakoli.com/privacy and the terms of the DMCA, the counter notice will be given to the copyright claimant.
Counter Notice
Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the notice:
"I at this moment state under penalty of perjury that I have a good faith belief that the material was removed or disabled due to mistake or misidentification of the material to be removed or disabled."
"I at this moment state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Dakoli may be found, and I will accept service of process from the complaining party who notified Dakoli of the alleged infringement or an agent of such person."
Provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to copyrights@dakoli.com.
Notification of Claimed Trademark Infringement:
If you are a trademark owner and believe your trademark (the "Mark") is being used on the Site by a user in a way that constitutes trademark infringement, please note that Dakol cannot mediate trademark disputes between users and owners. Because of this, we strongly encourage trademark owners to resolve their disputes directly with the user who posted the content in question.
If you are unable to resolve your dispute directly, and you believe that the Mark is being used on the Site by a user in a way that constitutes trademark infringement, please provide copyrights@dakoli.com with the following information:
Your full legal name and your electronic or physical signature.
Information is sufficient to permit Dakoli to contact you or your authorized agent, including a name, mailing address, telephone number, and, if available, an email address.
Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate, or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the period and geographic area in which you have used the Mark.
Information is sufficient to permit Dakoli to identify the use being challenged.
Include both of the following statements in the body of the notice:
"I now state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law."
"I at this moment state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark or authorized to act on behalf of the owner of the Mark."
Upon receipt of notification of claimed trademark infringement as described above, Dakoli will seek to confirm the existence of the Mark on the Sites, notify the registered user who posted the content including the Mark, and will, within a reasonable time, take action to remove or disable the Mark on the Sites.
One who has materials removed from the Site in response to a notification of claimed trademark infringement will have the right to submit a counter-notification to Dakoli within ten business days. When Dakoli receives a counter-notification, Dakoli will reinstate the material in question within a reasonable period after Dakoli receives the counter-notification. To provide a counter-notification to Dakoli, please return the following form to copyrights@dakoli.com. Please note that if you provide a counter-notification using the Dakoli Privacy Policy at https://www.dakoli.com/privacy, the claimant will receive the counter-notification. A counter-notification must contain the following elements:
Counter-Notification
Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the notice:
"I at this moment state under penalty of perjury that I have a good faith belief that the material was removed or disabled due to mistake or misidentification of the material to be removed or disabled."
Provide your full legal name and your electronic or physical signature.
Notification of Other Intellectual Property ("IP") Infringement
If you believe that a user is infringing some other IP right of yours, please provide copyrights@dakoli.com with the following information:
Your full legal name and your electronic or physical signature.
Information is sufficient to permit Dakoli to contact you or your authorized agent, including a name, mailing address, telephone number, and, if available, an email address.
Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for Dakoli to determine without unreasonable effort that the IP has been infringed;
Information is sufficient to permit Dakoli to identify the use being challenged.
Include both of the following statements in the body of the notice:
"I now state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law."
"I, at this moment, state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP or authorized to act on behalf of the owner of the IP."
Upon receipt of the notiNoticedescribed above, Dakoli will seek to confirm the existence of the IP on the Sites, notify the user who posted the content, including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Sites.
These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the Third Party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress without limitation.
We reserve the right to change, modify, or remove the Site's contents at any time or for any reason without notice at our sole discretion. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings. We cannot guarantee that the Site and the Marketplace Offerings will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection in addition to that.
These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed by the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one party to the other party.
Binding Arbitration
If the Parties cannot resolve a Dispute through informal negotiations, the dispute (except those 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. The AAA Consumer Rules shall govern your arbitration fees and share of arbitrator compensation and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines such costs to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, by submitting documents, by phone, or online. The arbitrator will decide in writing but does not need to 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 occur in Westminster, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If, for any reason, a dispute proceeds in court rather than in arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Westminster. California and the Parties now consent to and waive all defenses of lack of personal jurisdiction and forum non-convenient concerning 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 Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either party related in any way to the Site be commenced more than one (1) year after the cause of action arose. Suppose this provision is found to be illegal or unenforceable. In that case, neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be unlawful 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.
Restrictions
The Parties agree that arbitration shall be limited to the dispute between the Parties. 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. Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations 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. Suppose this provision is found to be illegal or unenforceable. In that case, neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be unlawful or unenforceable. Such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site containing typographical errors, inaccuracies, or omissions related to the Marketplace Offerings, including descriptions, pricing, availability, and 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.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE.
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION AND FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
(5) ANY BUGS, VIRUSES, TROJAN HORSES. OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SITE BY ANY THIRD PARTY AND
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED.
TRANSMITTED. OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT. ENDORSE. GUARANTEE. OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE. ANY HYPERLINKED WEBSITE. OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT. INDIRECT. CONSEQUENTIAL. EXEMPLARY. INCIDENTAL. SPECIAL. OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Site;
(3) breach of these Terms of Use;
(4) any breach of your representations and warranties outlined in these Terms of Use;
(5) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) Any overtly harmful act toward any other Site user you connected via the Site. Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at our expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware.
We will maintain specific data that you transmit to the Site to manage the Site's performance and data relating to your use of the Site. Although we perform routine data backups, you are solely responsible for all data you transmit or related to any activity you have undertaken using the Site. Accordingly, you agree that we shall have no liability to you for any loss or corruption of any such data, and you now waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communication is in writing. YOU, AT THIS MOMENT, AGREE TO THE USE OF ELECTRONIC SIGNATURES. CONTRACTS. ORDERS. AND OTHER RECORDS. AND TO ELECTRONIC DELIVERY OF NOTICES. POLICIES. AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY THE US OR VIA THE SITE.
You now waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Suppose any complaint with us is not satisfactorily resolved. In that case, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Use and any policies or operating rules posted by us on or concerning the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. Suppose any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable. In that case, that provision or portion of the condition is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship was created between you and us due to these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by having drafted them. At this moment, you waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please get in touch with us at:
Dakoli LLC
9397 Wedgewood Ln
Westminster, CA 92683
United States
Phone: (+1) 8187444323
Email: hello@dakoli.com
Text: +1 (818)744-4323 Address: 9397 Wedgewood Ln, Westminster, CA 92683, USA
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