Terms of Service

THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND SMALLTHOUGHT. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE DABBLE SERVICE.

By using the dabbledb.com web site (“Dabble”), a service of Smallthought Systems Inc., (“Smallthought”), you are agreeing to be bound by the following terms and conditions.

• In connection with your use of the service, you agree to:

  • obey the law;
  • obey any codes of conduct or other notices we provide you; and
  • promptly notify us if you learn of a security breach related to the service.

• You are solely responsible for all uses of your account under your password. You must protect your password.

• Payment.

  • When you register to use Dabble, you must select a payment plan and provide us information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

  • You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and this agreement. You hereby authorize us to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we invoice you.

  • We reserve the right to change our prices. If we do, we will provide notice of the change on our website or in email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the service after the price change becomes effective constitutes your agreement to pay the changed amount.

• You will provide us contact information, including a postal and email address, where we may contact you with information about your account or our products or services. It is your responsibility to ensure that such information is entered correctly and is kept up to date.

• Your use of Dabble is at your sole risk. The service is provided on an “AS IS” and “as available” basis.

• Smallthought makes no express or implied warranty of the quality or suitability of Dabble for any purpose.

• We will do our best to preserve and protect your data, but make no guarantees that it won’t get lost, corrupted, or inadvertantly leaked. You should back up critical data or take other steps to protect your vital information.

• Termination.

  • We reserve the right to terminate your account for any reason at any time, although we will make an export of your data available to you if we do so. If we terminate your account we will refund the pro-rated, unearned portion of any amount that you have prepaid us.

  • You may terminate your account at any time upon ten (10) days prior notice to us. If you terminate your account and are on a monthly payment plan, we will not refund any amount for the month in which you terminated the account, but will not charge you for any subsequent amount.

• You expressly agree that Smallthought WILL NOT be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Smallthought has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Dabble; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained through or from Dabble; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Dabble; (v) termination of your account; or (vi) any other matter relating to Dabble. If you are not satisfied with Dabble, your sole and exclusive remedy is to stop using it. IN NO EVENT WILL SMALLTHOUGHT BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE AMOUNT THAT YOU HAVE ACTUALLY PAID SMALLTHOUGHT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

• The disclaimers and limitations of liability set forth in these terms and conditions are an essential basis of your bargain with Smallthought for the use of Dabble.

• We reserve the right to modify the service at any time.

• You will indemnify, defend and hold Smallthought, its officers, directors, employees, affiliates and service providers from any claim or cause of action of any kind whatsoever arising out of (a) any data, information or materials of any kind that are input or uploaded to the service using your account, and (b) your use of the service.

• From time to time you may give us suggestions or feedback about Dabble. If you do so, you hereby grant us an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to use such suggestions or feedback for any purpose.

• We reserve the right to modify these terms and conditions at any time upon notice to you, which we may make either by sending you mail (written or electronic) or posting the change on our website. You agree that any subsequent use of Dabble will constitute your acceptance of those modified terms and conditions going forward.

• Smallthought will have the right to assign this Agreement to an affiliate of Smallthought at any time without notice.

• These terms and conditions are the entire agreement between you and Smallthought regarding the use of Dabble. No other communication, whether written or oral, will be deemed to supplement or supersede these terms and conditions unless made in writing and signed by both you and Smallthought.

User Submissions (for Dabble DB^® Commons users only)

The Dabble DB^® Commons Service provides you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content (including, without limitation, information, data, and images) to the Service ("User Submissions"). By posting User Submissions on or at the Site or otherwise through the Dabble DB^® Commons Service, you:

• acknowledge and agree that you grant to Smallthought, its affiliates and their assignees a Creative Commons Attribution 2.5 license (located at: http://creativecommons.org/licenses/by/2.5/legalcode) to such User Submissions, including without limitation, any concepts, ideas or know-how embodied therein;

• represent and warrant that you own, control, or otherwise possess sufficient legal rights to such User Submissions and that disclosure and use of such User Submissions by Smallthought (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and

• acknowledge that such User Submissions may not be treated confidentially.

You shall not provide Smallthought with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. Smallthought does not endorse and has no control over any User Submission.

Smallthought has no obligation to monitor the Site, Service, Content, or User Submissions. Smallthought may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

This Terms of Use document is licensed under a Creative Commons Attribution-ShareAlike 2.5 License. Some portions are derived from the Terms of Use provided by Swivel LLC (http://www.swivel.com).