Acceptance of the Terms of Use
These terms of use are entered into by and between You and BLINDCUT, LLC, a Delaware limited liability company (the "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our browser and/or vpn, "DS DEFENDER BROWSER" and "DS DEFENDER VPN" our website (https://www.dsdefender.com), including any content, functionality and services offered therein, and any of our products (collectively, our “Products”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use our Products. By using our Products or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.dsdefender.com, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Products.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Products thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on our website.
Your continued use of our Products following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Account Security
We reserve the right to withdraw or amend our Products, and any service or material we provide by or through our Products, in our sole discretion without notice. From time to time, we may restrict access to our Products to users, including registered users. You are responsible for:
- - Making all arrangements necessary for you to have access to our Products.
- - Ensuring that all persons who use our Products through your internet connection are aware of these Terms of Use and comply with them.
To access and use our Products or some of the resources it offers, you may be asked to provide certain basic registration details or other information. It is a condition of your use of our Products that all the information you provide is correct, current and complete. You agree that all information you provide to register with our Products or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We have the right to disable any user name, password or other 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 of Use.
Intellectual Property Rights
Our Products, and their entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use our Products for your personal, non-commercial use only. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Products, except as follows:
- - Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- - You may store files that are automatically cached by your web browser for display enhancement purposes.
- - You may print or download one copy of a reasonable number of pages of our website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- - If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- - If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- - Modify copies of any materials from our Products.
- - Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- - Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Products.
- - Access or use for any commercial purposes any part of our Products or any services or materials available through our Products.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Products in breach of the Terms of Use, your right to use our Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Products or any content on our Products is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Products not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans used in our Products are the trademarks of their respective owners.
Prohibited Uses
You may use our Products only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Products:
- - In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- - For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- - To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards as set out in these Terms of Use.
- - To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
- - To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- - To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Products, or which, as determined by us, may harm the Company or users of our Products or expose them to liability.
Additionally, you agree not to:
- - Use our Products in any manner that could disable, overburden, damage, or impair or interfere with any other party’s use of our Products.
- - Use any manual or automated process to monitor or copy any of the material within our Products or for any other unauthorized purpose without our prior written consent.
- - Use any device, software or routine that interferes with the proper working of our Products.
- - Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- - Attempt to gain unauthorized access to, interfere with, damage or disrupt any components of our Products, or any computer or database connected thereto.
- - Attack our Products via a denial-of-service attack or a distributed denial-of-service attack.
- - Otherwise attempt to interfere with the proper working of our Products.
Monitoring and Enforcement; Termination
We have the right to:
- - Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Products.
- - Terminate or suspend your access to all or part of our Products for any or no reason, including without limitation, any violation of these Terms of Use.
Although there is little, if any, personal information that may become available to us, without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Products. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on our Products, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- - Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- - Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- - Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- - Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- - Be likely to deceive any person.
- - Promote any illegal activity, or advocate, promote or assist any unlawful act.
- - Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- - Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- - Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- - Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through our Products is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other person who uses our Products, or by anyone who may be informed of any of its contents.
Changes to our Products
We may update the content within our Products from time to time, but its content is not necessarily complete or up-to-date. Any of the material within our Products may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Use of Our Products
As an internet privacy company, we endeavor to know as little of your personal information as possible. Any information that we may collect is subject to our Privacy Policy. By using our Products, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to our Products
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
Our Products may provide certain social media features that enable you to:
- - Link from your own or certain third-party websites to certain content on our Products.
- - Cause limited portions of content on our Products to be displayed or appear to be displayed on your own or certain third-party websites.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from our Products
If our Products contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Products, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Products is based in the state of New York in the United States. We provide our Products for use only by persons located in the United States. We make no claims that our Products or any of their content is accessible or appropriate outside of the United States. Access to our Products may not be legal by certain persons or in certain countries. If you access our Products from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PRODUCTS OR TO OUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR PRODUCTS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PRODUCTS IS AT YOUR OWN RISK. OUR PRODUCTS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR PRODUCTS, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR PRODUCTS, ANY WEBSITES LINKED TO IT, ANY CONTENT AVAILABLE THROUGH OUR PRODUCTS, OR SUCH OTHER PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PRODUCTS OR SUCH OTHER PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Products, including, but not limited to, any use of our Product's content, and services other than as expressly authorized in these Terms of Use or your use of any information obtained from our Products.
Governing Law and Jurisdiction
All matters relating to our Products and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At the Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or our Products, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to our Products and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Products.
Your Comments and Concerns
Our Products are operated by BLINDCUT, LLC.
All other feedback, comments, requests for technical support and other communications relating to our Products should be directed to: [email protected].
