THIS IS A CONTRACT. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING Databrax’s website.

Effective as of June 1, 2025

Iteration

Databrax now offers monthly and annual subscription access to its popular QuickBooks training videos. This is a contract intended to govern this subscription and all resources associated with this service.

Subscription Services Provided

The subscription services offered by Databrax may include video services and any other features, content, or applications offered from time to time by Databrax that link to these Terms of Service in connection with Databrax’s business (collectively, the “Databrax Services”). These services are provided through several websites operated by Databrax (“The Databrax Sites”). Databrax is based in the United States and the Databrax Services are hosted in the United States. Subscription to these training videos grants no rights to Databrax’s consulting services, Quickbooks products, or any other product, service, or tools not specifically enumerated. Questions, training, or other services can be purchased at an additional fee at https://www.Databrax.com.

Databrax furnishes the Databrax Sites and the Databrax Services as an educational tool for subscribers. By visiting the Databrax Sites (whether or not you are a registered user) or using the Databrax Services, you accept and agree to be bound by this agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read this Agreement carefully. Databrax may modify this Agreement at any time, and each such modification will be effective upon posting on the Databrax Sites. All material modifications will apply prospectively only. Your continued use of the Databrax Sites or the Databrax Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Databrax Services immediately.

Your access to and use of certain Databrax Services may require you to accept additional terms and conditions applicable to such Databrax Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail. The Databrax Sites only support the latest version of the following sites:
• Google Chrome
• Safari
• Internet Explorer
• Microsoft Edge
• Firefox

Subscription Cost

Subscriptions to the Databrax Services will be available at the cost and for the subscription period advertised on the applicable Databrax Sites. Costs are subject to change and posted prices are only valid if you subscribe for that period before a change takes effect. Typographical errors and apparent errors in posted price will not be effective subscription prices. You must prepay for the term of the subscription.

Certificates of Completion

You acknowledge and agree that any certifications provided on our Website solely pertain to the content made available on our Website and are not affiliated in any way with any third party software certification process. We expressly disclaim any and all warranties that any current or potential employer will attach any significance to your receipt of a certificate of completion for any course taken on our website.

Renewal

Subscriptions renew automatically every subscription period unless canceled by either party. Unless otherwise notified by Databrax, your credit card account will be automatically charged within 60 days prior to the expiration of the term of your subscription. In addition, Databrax may seek pre-authorization of your credit card account for each renewal to verify that the credit card is valid and has the necessary funds or credit available for your renewal.

Cancellations are processed upon receipt of the cancellation request. Upon cancellation, all fees and charges are nonrefundable.

Registration and Security

All registration information you submit to create an account must be accurate and kept up to date. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another user at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify Databrax immediately if you suspect any unauthorized use of, or access to, your account or password.

Termination

Unless terminated by Databrax in its sole discretion, this Agreement remains in full force and effect while you use the Databrax Services. You may terminate your account on any of the Databrax Services at any time, for any reason, by contacting the Site Administrator. Databrax may terminate your account and/or access to the Databrax Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your user account or access to the Databrax Services is terminated by you or by Databrax, this Agreement will remain in effect with respect to your past and future use of the Databrax Site(s) or the Databrax Services. Any rights to your account terminate upon your death.

Purchasing Services or Products

In connection with a purchase of any subscription, service, or product on The Databrax Site(s) (“Site Product”), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, “Personal Financial Information”), to an independent third party not affiliated with Databrax (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Databrax Sites or the Databrax Services you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.

Databrax makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your access to the Databrax Sites. Databrax provides no refunds for, makes no warranty for, and accepts no liability regarding purchases you make on the Databrax Sites or the Databrax Services. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Databrax will in no way be responsible or liable to you for any such breach.

Databrax is not required to store any record of Personal Financial Information related to purchases or other transactions you make through the Databrax Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.

Limited Content License

The Databrax Services and the Databrax Sites are offered for your personal or business use only and may not be used for multiple businesses or persons. Databrax Services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of Databrax, its licensors, or assignors (“Databrax Content”), as well as Content provided by users or other third parties. Content contained in the Databrax Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Databrax, its licensors, or its assignors, own and retain all rights in the Databrax Content. Databrax hereby grants you a limited, revocable, non-sub-licensable, non-exclusive license to access and display or perform the Databrax Content (excluding any software code) solely for your personal or business use in connection with using the Databrax Services. If Databrax elects to grant you greater rights than set forth herein (which rights may only be granted in an express writing), such grant of rights will be revocable at will without cause by Databrax, unless expressly stated otherwise. Except as provided in this Agreement or as explicitly allowed on the Databrax Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Databrax Services or the Databrax Sites.

Except as explicitly and expressly permitted by Databrax or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Databrax Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Databrax Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Databrax Services including geo-filtering mechanisms. Except as necessary in order to make reference to Databrax, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Databrax Content in any manner.

Restrictions on Use of Databrax Services

You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on The Databrax Site(s) or on, through or in connection with the Databrax Services (collectively, “User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.

You agree not to use the Databrax Services to:

– Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;

– Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;

– Harass or harm another person;

– Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;

– Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising The Databrax Site(s) or the Databrax Services;

– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Databrax Services, including Databrax’s servers, networks or accounts;

– Cover, remove, disable, block or obscure advertisements or other portions of the Databrax Services;

– Delete or revise any information provided by or pertaining to any other user of the Databrax Services;

– Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Databrax Services, or to circumvent or modify any security technology or software that is part of the Databrax Services;

– Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Databrax Services. If you do so, you acknowledge you will have caused substantial harm to Databrax, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Databrax $50 for each actual or intended recipient of such communication;

– Solicit, collect or request any personal information for commercial or unlawful purposes;

– Post, upload or otherwise transmit an image or video of another person without that person’s consent, if consent is required;
– Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Databrax Content; or building a business using the Databrax Content) without Databrax’s prior written consent;

– Use the Databrax Services to advertise or promote competing services;

-Use the Databrax Services in a manner inconsistent with any and all Applicable Law;

– Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.

Databrax reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Databrax, or for any other reason, in Databrax’s sole discretion and without notice to you. You acknowledge Databrax reserves the right to investigate and take appropriate legal action against anyone who, in Databrax’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that Databrax may access, preserve or disclose information you provide to the Databrax Sites or the Databrax Services, including User Content and your account registration information, including when Databrax has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Databrax, our parents, subsidiaries or affiliates (“Company Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Databrax Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If Databrax sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Databrax may transfer your information to the party or parties involved in the transaction as part of that transaction.

Databrax reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Databrax assumes no responsibility for any loss of your User Content due to its being removed by Databrax or for any other reason.

Your Proprietary Rights in and License to Your User Content

Databrax does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with the Databrax Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any Databrax Content or content owned by a Company Affiliate. By posting or transmitting any User Content on, through or in connection with the Databrax Services, you hereby grant to Databrax and our Company Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sub-licensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Databrax is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Databrax Services. Databrax‘s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Databrax as your agent with full authority to execute any document or take any action Databrax may consider appropriate in order to confirm the rights granted by you to Databrax in this Agreement.

You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Databrax Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the Databrax Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Databrax Services or Third Party Services.


If you delete your User Content from The Databrax Site(s), Databrax’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the Databrax’s back-up copies of The Databrax Site(s), which are not publicly available. Furthermore, to the extent that Databrax made use of your User Content before you deleted it, Databrax will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from The Databrax Site(s) will not result in, and Databrax assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from The Databrax Site(s), and (ii) termination of your account or your use of the Databrax Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.

Your Exposure to Others’ User Content

You understand that Databrax does not control the User Content posted by users via the Databrax Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Databrax assumes no responsibility or liability for this type of Content. Databrax assumes no responsibility for monitoring the Databrax Services for inappropriate User Content or user conduct. If at any time, Databrax chooses in its sole discretion to monitor the Databrax Services, Databrax nonetheless assumes no responsibility for Content other than Databrax Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

Third Party Links and Services

The Databrax Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a provider of a Third Party Service, you are interacting with the third party, not with Databrax. If you choose to use a Third Party Service and share information with it, the provider of the Third Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third Party Service. Databrax encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Databrax is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Databrax Services does not imply approval or endorsement of the Third Party Service. Databrax is not responsible for the content or practices of any websites other than the Databrax Sites, even if the website links to the Databrax Sites and even if it is operated by a Company Affiliate or a company otherwise connected with the Databrax Sites. . By using the Databrax Services, you acknowledge and agree that Databrax is not responsible or liable to you for any content or other materials hosted and served from any website other than the Databrax Sites. When you access Third Party Services, you do so at your own risk.

User Disputes

You are solely responsible for your interactions with other users of The Databrax Site(s) and the Databrax Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Databrax Services. Databrax reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.

Privacy

Use of the Databrax Services is also governed by our Privacy Policy, which is incorporated into and is a part of this Agreement by this reference.

Disclaimers

THE DATABRAX SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND DATABRAX DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE DATABRAX SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DATABRAX EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DATABRAX MAKES NO WARRANTY THAT YOUR USE OF THE DATABRAX SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE DATABRAX SERVICES WILL BE CORRECTED, THAT THE DATABRAX SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE DATABRAX SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL DATABRAX BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE DATABRAX SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE DATABRAX SERVICES, ATTENDANCE AT A DATABRAX EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE DATABRAX SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE DATABRAX SERVICES, OR THE CONDUCT OF ANY USERS OF THE DATABRAX SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE DATABRAX SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE DATABRAX SERVICES.

Limitation on Liability

IN NO EVENT WILL DATABRAX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE DATABRAX SERVICES. IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DATABRAX’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DATABRAX FOR THE DATABRAX SERVICES DURING THE TERM OF YOUR USE OF THE DATABRAX SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF DATABRAX’S ACTS OR OMISSIONS OR YOUR USE OF THE DATABRAX SITE(S) OR THE DATABRAX SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE DATABRAX SITE(S) OR THE DATABRAX SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DATABRAX HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

United States Jurisdiction

Databrax provides the Databrax Services in the United States of America. Databrax does not represent that the Databrax Content or the Databrax Services are appropriate (or, in some cases, available) for use in other locations. If you use The Databrax Site(s) or the Databrax Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of The Databrax Site(s) or the Databrax Services.

Not all of the Site Products are available worldwide or nationwide, and Databrax makes no representation that you will be able to obtain any Site Product in any particular jurisdiction, either within or outside of the United States.

U.S. Export Controls

Software available in connection with the Databrax Services is further subject to United States export controls. No such software may be downloaded from the Databrax Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.

Governing Law

The Agreement will be governed by, and construed in accordance with, the laws of the State of  New Jersey, without regard to its conflict of law provisions.

You and the Databrax Parties agree to submit to the exclusive jurisdiction of the courts located in New Jersey, to resolve any Dispute arising out of the Agreement or the Databrax Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Indemnity

You agree to indemnify and hold the Databrax Parties, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use or misuse of The Databrax Site(s) or the Databrax Services (including, without, limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any Content that you Transmit through the Databrax Services.

Unsolicited Submissions

Databrax does not knowingly accept, via the Databrax Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Databrax requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Databrax or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Databrax via the Databrax Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and Databrax; (ii) any such unsolicited submissions and copyright become the property of and will be owned by Databrax (and are not User Content licensed by you to Databrax under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Databrax sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against Databrax or Company Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Other

The failure of Databrax to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices the Databrax may be required by Applicable Law to send to you will be effective upon Databrax’s sending an e-mail message to the e-mail address you have on file with Databrax or publishing such notices on the informational page(s) of The Databrax Site(s).

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Databrax as a result of this Agreement or your use of the Databrax Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits Company’s right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Services or information provided to or gathered by us in connection with such use.

Please contact the Site Administrator on the applicable Databrax Site with any questions regarding this Agreement.

BY USING THE DATABRAX SERVICES YOU ACKNOWLEDGE YOU HAVE READ AND YOU AGREE TO THESE TERMS OF SERVICE.