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
our browser, "DS DEFENDER BROWSER" 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.
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.
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:
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
you consent to all actions we take with respect to your information
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.
You must not:
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.
Additionally, you agree not to:
We have the right to:
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
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.
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:
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.
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.
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:
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.
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.
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.
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.
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.
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
No waiver of by the Company of any term or condition set forth in
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
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]