November 2024
Ding! is made by Mitchell Jeffrey, an Australia-based independent developer. These Terms of Use apply to and govern your use of the Ding (“Company”) website at dingnotes.com and app at app.dingnotes.com (the “Site”), Materials (defined below) on the Site, and your participation in any events or programs offered through the Site (“Offerings”).
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND THE DING PRIVACY POLICY (available here: https://dingnotes.com/privacy) (THE “PRIVACY POLICY”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE. MATERIALS, SERVICES AND INFORMATION INTENDED FOR USERS OF THE SITE ARE NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE.
Automated transcription services are sold via prepaid Credit Codes. Each Credit Code allows for automated transcription of pre-recorded material, limited to an amount of time (corresponding to the recording time of uploaded materials) determined at purchase.
Products and services are sold via Merchant of Record, Paddle.com. Paddle handles payments, billing, refunds, and associated customer service.
The content of the Site, including all text, images, software, audio and video, links, as well as any such combination and/or compilation of the same (collectively referred to herein as “Materials”), is the property of Company and is protected by U.S. and international copyright laws. Neither the Site nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Company. No use of Materials on the Site is allowed except as expressly stated herein. Some Materials may be copyrighted by Company’s suppliers, licensees and affiliates. Copyright law also applies to other companies’ advertisements or information presented on the Site.
The Site is not intended for use by children under 13 years of age. Parents and legal guardians may not agree to these Terms of Use on their children’s behalf. If Company becomes aware that a child under 13 has provided or attempted to provide Company with personal information, Company will use best efforts to remove the information permanently from our files. If you are between the age of 13 and 18 years old, you may use the Site but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between 13 and 18 years old, be advised that you are fully responsible for their use of the Site and any and all legal liability that they may incur.
By using the Site, you signify your ongoing and continuing consent to the Privacy Policy. The Privacy Policy is incorporated into these Terms of Use (together, the “Agreement”). In the event of any inconsistency between the Terms of Use and the Privacy Policy, the Terms of Use shall prevail. Personal information that you supply to Company, and any information about your use of the Site that the Company obtains from you will be subject to the Privacy Policy. In addition, Company email addresses are provided solely for user queries relating to the Site. The capture of Company emails for use with unsolicited email is not permitted.
You agree to defend, indemnify, and hold harmless Company from all liabilities, claims, and expenses, including attorney’s fees, that arise from any claim or demand, made by any third party due to or arising out of your use of the Site and for any violation of these Terms of Use. Company reserves the right, at Company’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.
THE SITE, MATERIALS AND OFFERINGS (TOGETHER, THE “COMPANY ASSETS”) ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE COMPANY ASSETS OR THE OPERATION OF THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY ASSETS AND THE SITE ARE AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE COMPANY ASSETS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE OR THAT THE COMPANY ASSETS, INCLUDING ITS SERVERS, ARE FREE OF ANY HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL COMPANY BE LIABLE TO YOU, OR TO ANY PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE COMPANY ASSETS OR ANY BREACH BY THE COMPANY OF THE AGREEMENT. COMPANY’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT BE GREATER THAN TWENTY-FIVE UNITED STATES DOLLARS ($25.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Company reserves the right, in its sole discretion, of which Company may choose to do at any time and from time to time, to modify or discontinue, whether temporarily or permanently, the Site, or the content thereof, with or without notice. Company reserves the right to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Company reserves the right, in its sole discretion, to change or modify the Terms of Use, whether in whole or in part, without notice. If Company changes the Terms of Use, Company will post such new terms on the Site and any such changes or modifications will become effective upon posting. Your access to and use of the Site, following the posting of any such changes or modifications, will constitute your acceptance of the Terms of Use as revised.
Company reserves the right to terminate your use of the Site, including the right to remove any information provided to Company by you or posted to the Site, in the event that you violate the Terms of Use, any rules or guidelines posted on the Site, any applicable federal, state or local laws, or for any other reason that Company shall determine in its sole discretion. You understand that any termination of your account, by you or Company, may involve the permanent deletion of your data and/or information.
Company is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; any labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
You agree to comply with all applicable laws and regulations. The terms and conditions set forth herein constitute the entire agreement between you and Company with respect to the use of the Site. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this Terms of Use, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Terms of Use will continue in full force and effect.
C/- PO Box 585 Mareeba QLD 4880 Australia; [email protected]