This page states the terms and conditions of use ("Terms") under which you ("You") may use this website and the associated services.

These Terms constitute a binding agreement between You and DZINLY and are deemed accepted by You each time that You use or access the DZINLY Site or DZINLY Services (as defined in Section 1 below). If You do not accept the Terms stated here, do not use the DZINLY Site and the DZINLY Services.

• Agreement Generally; Definitions; Acceptance.

  • These Terms of Use (Terms of Use) are between User and Dzinly.com (Dzinly, we, us or our). These Terms of Use set forth the terms and conditions upon which we make available Dzinly.com and the services available on Dzinly.com to Users.

  • Definitions: The following words shall have the following meaning when capitalized in these Terms of Use.

    • "Intellectual Property Rights" means the following: all patents (including any continuations, continuations-in-part, reexaminations, divisional and foreign counterparts thereof), patent disclosures and inventions and Improvements thereto (whether patentable or not), trade secrets, know-how, authorial works, copyrights and Improvements thereto, mask works, data, source identifiers (including trademarks, service marks, trademarks, trade dress, trade names, slogan and logos), and any applications therefor or registrations thereof. "Improvements" includes modifications, alterations, updates, upgrades, derivative works.

    • "Services" means the services provided on and through Dzinly, including, without limitation, the designing of the exterior of residential property.

    • "User" means an individual who interacts with Dzinly, whether or not the individual has or intends to pay for or otherwise utilize the Services.

  • USER'S RIGHT TO USE DZINLY AND THE SERVICES IS SUBJECT TO USER'S ACCEPTING THESE TERMS OF USE. CONTINUED USE OF DZINLY AND/OR THE SERVICES WILL BE DEEMED TO BE ACCEPTANCE OF THESE TERMS OF USE

  • Our Privacy Notice is available at Privacy Policy

• Modifications to Terms of Use

  User agrees that we may modify these Terms of Use and that each modification shall become effective immediately upon posting of the modified Terms of Use.

• Permission to Use the Services; Limitations on Use of the Service.

  User acknowledges that the Service is intended for personal use and should not be used for any other purpose. We grant Users a limited, revocable, non-exclusive, non-transferable license to use the Services for the purposes described in this section and not for any other purpose, such as distribution to others. This license is solely and exclusively for User's benefit.

• Account Registration, Password, and Security.

  • User's login credentials/account for the Services may be used only by such User and only while the license is in effect. Under no circumstances will User share User's login credentials/account with any other person or entity. User is responsible for all use of the Services that occurs under User's account, and User agrees to notify us of any unauthorized access of which User becomes aware. We reserve the right to take such action in our discretion to help ensure the security of the Services, including, without limitation, terminating an account. WITHOUT LIMITING THE FORCE OF ANY OTHER DISCLAIMERS HEREIN, USER IS RESPONSIBLE FOR ANY PERSON USING OR ENTERING INFORMATION IN THE SERVICES UNDER USER'S CREDENTIALS OR AUTHORITY AND ARE RESPONSIBLE TO AND FOR ANY PERSONS RELYING ON THE SERVICES.

  • NOTWITHSTANDING THE ABOVE, WE MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING USER'S ACCOUNT OR USING USER'S PASSWORD, AND IN NO EVENT, AND UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE TO USER FOR ANY LIABILITIES OR DAMAGES ARISING OUT OF (I) ANY ACTION OR INACTION OF DZINLY UNDER THIS PROVISION OR (II) ANY COMPROMISE OF THE CONFIDENTIALITY OF USER'S ACCOUNT OR PASSWORD OR ANY UNAUTHORIZED ACCESS TO USER'S ACCOUNT OR USE OF USER'S PASSWORD; PROVIDED THAT, THIS DISCLAIMER, IN THIS PARAGRAPH, SHALL NOT APPLY TO THE EXTENT SUCH COMPROMISE, ACCESS, OR USE IS CAUSED SOLELY BY DZINLY'S BREACH OF THE EXPRESS TERMS OF THIS AGREEMENT OR ITS VIOLATION OF LAW, AS PROVIDED BY CLEAR AND CONVINCING EVIDENCE. USER MAY NOT USE ANYONE ELSE'S ACCOUNT AT ANY TIME.

  • User will take all reasonable measures in the course of accessing and using the Service to ensure their security and integrity and that they remain free from unauthorized access, compromise, interference and corruption. User assumes, and hereby accepts, full responsibility and liability (including for all injuries and damages) for any actual or threatened compromise to data privacy and security that may occur as a result of User's failure to implement applicable standards, controls and safeguards for data and Internet security and privacy, and User hereby agrees to defend and indemnify Dzinly and hold it harmless from and against any claims arising from such failure.

• Prohibited Activity

  User will not: (a) access or attempt to access the Service or any part thereof that User is not authorized to access or through any means that User is not authorized to use; (b) disrupt or interfere with the security of, or otherwise cause harm to the Service, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Service or any affiliated or linked websites or access or use the Service in any manner that could damage, disable, overburden, or impair any server or network used by us in connection with the Service; (c) use the Service to transmit any information of a sensitive nature, such as health information, social security numbers, credit card numbers (other than, as strictly allowed), or any other information that, if generally exposed, could lead to identity theft, financial fraud, embarrassment, or other harm; (d) use the Service in any manner that infringes upon or violates any intellectual property rights or other rights or interest of any party or otherwise constitutes pornography, defamation, harassment, bullying, predatory behavior, false and deceptive advertising, or hate speech; (e) submit any software, programs, or files via the Service that are harmful or disruptive of another's equipment, software, or other property, including without limitation any corrupted files, time bombs, Trojan Horses, viruses, and worms; (f) disrupt, interfere with, or inhibit any other user from using and enjoying the Service or other services; (g) violate any applicable laws or regulations related to the access to or use of the Service, and/or engage in any activity prohibited by the Terms of Use; (h) compile, use, download, or otherwise copy any materials available on the Service (except as expressly permitted), or transmit, provide, or otherwise distribute (whether or not for a fee) such materials to any third party; (i) use, or allow anyone else to use, any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Service or otherwise monitor or copy any portion of the Service; (j) frame, mirror, or use framing techniques on any part of the Service without our express prior written consent; (k) make any use of, or allow anyone else to make any use of, data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing the Service, or any portion thereof, or otherwise scrape, copy, collect, store, or use the Service, except pursuant to the limited license granted by the Terms of Use; (l) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service; or (m) remove any copyright, trademark, or other proprietary rights notice from the Service. The above-listed examples of prohibited conduct and activity are illustrative and are not exhaustive, and, for the avoidance of doubt, User shall not directly or indirectly engage in such conduct or cause or encourage any other person to engage in such conduct.

  TO THE MAXIMUM EXTENT AUTHORIZED BY LAW WE RESERVE THE RIGHT, BUT DISCLAIM ANY OBLIGATION WHATSOEVER, TO MONITOR THE SERVICE AND USER'S COMPLIANCE WITH THIS SECTION AND WITH THE TERMS OF USE AS A WHOLE.

• Intellectual Property/Ownership/Confidentiality.

  • User acknowledges that we own all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service (whether as of the Effective Date of these Terms of Use or at any time in the future). User agrees to and does hereby assign all present and future right title and interest, including but not limited to Intellectual Property Rights, in and to the Service, to us and agrees to provide us, at our expense, with any assistance required for us or our licensors, as applicable, to document, perfect and maintain its rights in the Improvements. All rights not specifically granted under these Terms of Use are reserved by Dzinly.

  • Our registered or unregistered trademarks, service marks, trade names, logos or other similar items may not be used in any manner without our prior written approval. All content included on the Service, such as text, graphics, images, audio clips, video, data, music, software, and other material is owned by us or our suppliers, licensors or with clear credit to the owner and is protected by copyright or other proprietary rights. Any unauthorized use of these materials is prohibited.

  • As between the parties, User owns all data inputs from the images and other information provided to Dzinly to enable Dzinly to provide the Service. User hereby grants to Dzinly a perpetual, irrevocable, non-exclusive, fully paid, royalty-free, right and license to use data inputs and outputs of the Service for marketing or other purposes and as necessary for providing the Service to User and to aggregate and compile such data into the background technology of the Service so as to enhance the capacity of the Service to process information generally. Notwithstanding the foregoing, Dzinly shall own the data inputs and outputs as compiled into and as part of the background technology forming a part of the Service and other Service as are or may be offered.

• Representations and Warranties, Limitation of Liability, Disclaimer.

  • USER AGREES AND ACKNOWLEDGE FOR DZINLY'S BENEFIT, AND OUR SUPPLIERS' AND LICENSORS' BENEFIT, THAT USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY AND ALL TECHNOLOGIES AND TOOLS, IS WITHOUT WARRANTY OF ANY KIND AND THAT THE ACCESS TO AND USE OF THE SERVICE, AS PROVIDED UNDER THE TERMS OF USE, IS PROVIDED "AS IS AND WHERE IS." ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES BASED ON CUSTOM AND PRACTICE. APPLICABLE LAW MAY NOT ALLOW THE ABOVE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSION MAY NOT APPLY TO USER AND SHALL APPLY ONLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

  • WE DO NOT WARRANT THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  • WE EXPRESSLY DISCLAIM ANY OBLIGATION TO VERIFY INFORMATION AND DATA MADE AVAILABLE ON THE SERVICE AND USER ASSUMES ALL OBLIGATION AND RISK FOR ALL ATTRIBUTES OF THE DATA, INCLUDING BUT NOT LIMITED TO ITS CORRECTNESS AND ACCURACY.

  • TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DZINLY, ITS SUPPLIERS AND LICENSORS, AND DZINLY'S AND ITS SUPPLIERS' AND LICENORS' AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS REPRESENTATIVES, SERVICE PROVIDERS, DIRECTORS, LICENSORS AND SUPPLIERS (DZINLY AND SUCH OTHER INDIVIDUALS AND ENTITIES INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS "DZINLY-RELATED PARTIES") WILL NOT BE RESPONSIBLE OR LIABLE TO USER OR ANY OTHER PARTY UNDER OR IN CONNECTION WITH THIS TERMS OF USE OR FOR ANY ACTIVITY OR ACTIVITIES, IN THE AGGREGATE, RELATED TO THE SERVICE, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, FOR ANY AMOUNT IN EXCESS OF $500. ADDITIONALLY, DZINLY-RELATED PARTIES WILL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR LOST PROFITS RESULTING FROM THE USE OR INABILITY TO USE, OR FAILURE OF, THE SERVICE, OR FOR ANY OTHER REASON, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT OR ANT OTHER LEGAL THEORY, AND WHETHER THE DZINLY-RELATED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THIS LIMITATION ON LIABILITY AND DAMAGES, THE DZINLY-RELATED PARTIES' LIABILITY AND EXPOSURE TO DAMAGES WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.

  • ANY LINKS TO OR DISPLAY OF THIRD-PARTY CONTENT ARE PROVIDED SOLELY AS A CONVENIENCE TO USER. DZINLY MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF THE ACCURACY, QUALITY, RELIABILITY OR ETHICALITY OF ANY INFORMATION CONTAINED AT THE OTHER SITES TO WHICH DZINLY LINKS. DZINLY DOES NOT WARRANTY OR GUARANTEE THAT COLOR CHOICES, MATERIALS OR SUGGESTIONS WILL APPEAR OR WORK THE SAME IN PERSON ON YOUR HOME AS THEY DO IN THE SERVICE. THE USE OF COLORS AND MATERIALS ARE FOR EXAMPLE AND CONVENIENCE PURPOSES ONLY AND ARE NOT AN ENDORSEMENT OR RECOMMENDATION. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY SUCH THIRD-PARTY CONTENT.

• Submissions

  By submitting any comment, suggestion, or response to questionnaires to Dzinly ("Ideas"), User grants Dzinly a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sub-licensable, transferrable, worldwide license and right to display, use, perform, reproduce, modify, distribute, and create derivative works of such Ideas in any media of any kind now existing or developed in the future. User represents and warrants that use of Ideas by Dzinly will not infringe on or violate the rights of any third party.

• Indemnification

  USER AGREES TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS ARISING FROM USER'S USE OF THE SERVICE (EXCEPT FOR CLAIMS RESULTING FROM OUR VIOLATION OF LAW OR TORTIOUS CONDUCT), INCLUDING BUT NOT LIMITED TO, ANY CLAIM ARISING FROM ANY BREACH BY USER OF ANY REPRESENTATION, WARRANTY, COVENANT, OR OTHER TERM OF THE TERMS OF USE OR VIOLATION OF LAW.

• Class Action Waiver

  TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, USER AND DZINLY EACH IRREVOCABLY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE PARTIES, ACCORDINGLY, AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE IN SECTION 10 SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.

• Waiver of Jury Trial

  EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY FOR ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

• Limitations of Actions

  WITHOUT LIMITING THE EFFECT OF ANY DISCLAIMER CONTAINED HEREIN, ANY CAUSE OF ACTION USER MAY HAVE WITH RESPECT TO USER'S USE OF THE SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, OTHERWISE SUCH CLAIM OR ACTION IS PERMANENTLY BARRED.

• Force Majeure

  We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond our reasonable control such as riots, insurrection, fires, floods, explosions, war, governmental action, or natural disasters.

• Assignment

  User may not assign any of User's rights or obligations, whether by operation of law or otherwise, without our prior written consent. Notwithstanding the foregoing, we may freely assign these Terms of Use, and the rights and obligations therein, without User's consent, including but not limited to, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, the Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

• Termination.

  Dzinly may terminate a User's use of the Service at any time and for any reason that is not a violation of applicable law upon notice to the User. User may terminate use of the Services by contacting us at Contact Me.