This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Dialogue Key.com is owned and operated by Dialogue Key Inc. a Wyoming Corporation (“Dialogue Key”). By using the website Dialogue Key.com, (including but not limited to mobile, responsive web or otherwise), related data and/or related services (collectively the “Services”) you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”).
Permissible Use. You agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The Services may be used only for personal reasons. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.
Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property that appear(s) in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
The Services may provide phone numbers that can connect you with Dialogue Key, its service providers, or other third parties. Some of the numbers listed may be routed through a third party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to Dialogue Key or through a Calling Service, you consent to such recording and monitoring. Dialogue Key will treat recorded calls in accordance with its Privacy Policy.
Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to Dialogue Key in connection with the Services or related to the Services (your “Submission”), you grant Dialogue Key an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Dialogue Key will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Dialogue Key may remove or modify your Submission at any time and for any reason. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Dialogue Key the rights in this paragraph, that Dialogue Key’s use of the Submission will not infringe any third party rights and that the Submission complies with Sections 1 and 2 above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.
You may not share your user account with others. You are responsible for all actions taken via your account. Dialogue Key will treat your use of the Services in accordance with its Privacy Policy. Certain Dialogue Key functionalities may involve the distribution of your Submission to third party websites over which Dialogue Key has no control. Dialogue Key is not responsible for and makes no warranties or representations pertaining to these third party websites, including but not limited to the content, availability, or functionality of such websites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party website and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site’s own privacy policy.
Advertisements. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Dialogue Key may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Section for more details.
The Role of Dialogue Key; Disclaimer. Dialogue Key is not a licensed broker or agent in any state and does not broker transactions. Dialogue Key does not act as an agent for you or any other user. Dialogue Key does not sell, buy, or negotiate the purchase, sale, or exchange of real or personal property. Dialogue Key does not and is not responsible for and makes no warranties or representations pertaining to the any agreement reached through the Services. Dialogue Key does not endorse or recommend the products of any third party service provider, unless explicitly recommended or endorsed. Nothing contained in the Services is an offer to buy or sell. Dialogue Key is not an agent of any participant. Dialogue Key is only providing an administrative service to consumers and participating members. Dialogue Key assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that any consumers or members take based on the Services, including and any other information available there.
Software. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
Not a Prohibited or Restricted Party. You Represent 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 you are not listed on any U.S. Government list of prohibited or restricted parties. By using the App, you agree and acknowledge that Dialogue Key is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Dialogue, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
Push notifications and location based features. We may provide you with emails, text messages, push notifications, alerts and other messages related to the Dialogue Key Application and/or the services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Dialogue Key Application, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@dialoguekey.com
The Dialogue Key Application may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the Dialogue Key Application will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the Dialogue Key Application to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the Dialogue Key Application uses and retains your information, please read the Privacy Policy.
Participating Members Responsibilities. Users may provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account:
Members Services. The Members participating in the Services are solely responsible for their services. Dialogue Key shall not be liable for any damages or costs of any type arising out of or in any way connected with any use of the Services, or the services offered. Dialogue Key is not responsible for any errors, misrepresentations or delays caused by anyone. Dialogue Key reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any member or other user from the Services. When a Member applies to use the Services, Dialogue Key uses commercially reasonable efforts to confirm the background of an applicant. However, you should confirm credentials.
EULA. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Dialogue Key grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.
Linked Materials and Third-Party Materials. The Services include links to third-party products, services and websites, as well as materials provided by third parties. Dialogue Key does not endorse, and takes no responsibility for such products, services, websites, and materials. You understand that Dialogue Key has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Dialogue Key takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Claims of Copyright Infringement. Dialogue Key respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Dialogue Key’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Notices of copyright infringement claims should be sent as follows support@dialoguekey.com Attention: Legal
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
No warranty. Dialogue key provides the services “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, dialogue key and its suppliers make no representations, warranties or conditions, express or implied. Less percent and its suppliers expressly disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (a) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (b) warranties or conditions arising through course of dealing or usage of trade, and (c) warranties or conditions of uninterrupted or error-free access or use.
Liability limitation; exclusive remedy in no event will dialogue key or any supplier be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from these terms of use or your use of the services, even if such party has been advised of the possibility of such damages. The exclusion of damages under this paragraph is independent of your exclusive remedy set forth below and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you do not agree with any part of these terms of use, or you have any dispute or claim against dialogue key or its suppliers with respect to these terms of use or the services, then your sole and exclusive remedy is to discontinue using the services. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or dialgoue key, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or dialogue key will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, dialogue key 's liability will be limited to the fullest extent permitted by applicable law.
Changes; Discontinuance. Dialogue Key reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Dialogue Key’s properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Dialogue Key may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Los Angeles County, State of California for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
Indemnification. You agree to defend and hold Dialogue Key, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services. If anyone brings a claim against us related to your actions, content or information, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions and are not responsible for the content or information users transmit or share on Dialogue Key. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Dialogue Key. We are not responsible for the conduct, whether online or offline, of any user of Dialogue Key.
Release. You release Dialogue Key, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Dialogue Key may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Dialogue Key’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Dialogue Key with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Dialogue Key with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 12, 13, 15 through 18.
Updated September 15, 2017