Date of Last Revision: December 10th, 2024
This website (this “Site”) contains information about technology and solutions made available by DUST Identity, Inc. (“DUST,” “we,” or “our”). The Site may also include references, links to third party advertisements or other information for products leveraging our authentication technology (the “Public Things Page”). All such information is not advice and should not be treated as such. DUST assumes no responsibility or liability for any errors or omissions in the content of this website. The information contained in this website is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness.
All access and use of the Site is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Site or any features of the Site (including the Public Things Page).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Site or any features of the Site (including the Public Things Page).
You may be required to register with DUST or provide information about yourself (e.g., name and email address) in order to use certain features of the Site, including to post content on the Public Things Page. If you choose to register with DUST, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify DUST of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Public Things Page. DUST and its current and future affiliates (“Affiliates”) will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by DUST, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the Site Content, in whole or in part.
The DUST name and logos are trademarks and service marks of DUST (collectively the “DUST Trademarks”). Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to DUST. Nothing in these Terms of Service or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of DUST Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of DUST Trademarks will inure to our exclusive benefit.
You are solely responsible for all video, images, information, data, text, photographs, messages and other materials you upload, post, publish or display on the Site, including the Public Things Page (collectively “User Content”). If you are uploading User Content to the Site, you represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant DUST and its Affiliates, and their successors and assigns, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content (including any name, username, voice, image or likeness incorporated therein or otherwise provided by you), in any form, medium or technology now known or later developed, (a) in connection with the operation of the Site, (b) to provide, develop and improve products and services and other offerings of DUST, its Affiliates and their partners, (c) for the promotion, advertising or marketing of the foregoing, and (d) as otherwise set forth in our Privacy Policy. You also agree that DUST may remove metadata associated with your User Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.
You hereby authorize DUST and Affiliates and their third-party service providers to collect and analyze User Content and other data and information relating to the Site and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). DUST and its Affiliates may use Usage Data for any purpose in accordance with applicable law and our published privacy policy.
DUST respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify DUST of your infringement claim in accordance with the procedure set forth below.
DUST will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to DUST’s Copyright Agent at copyright@dustidentity.com.com (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail at:
DUST Identity, Inc.
Attn: Copyright Takedown Request
85 Wells Ave, Suite 112
Newton, MA 02459
To be effective, the notification must be in writing and contain the following information:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, DUST will send a copy of the counter-notice to the original complaining party informing them that DUST may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against DUST or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, DUST has adopted a policy of terminating, in appropriate circumstances and at DUST’s sole discretion, the accounts of users who are deemed to be repeat infringers. DUST may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless DUST and its Affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “DUST Parties”), from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Site, any User Content, your violation of these Terms of Service, or your violation of any rights of another. DUST will provide notice to you of any such claim, suit, or proceeding. DUST reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting DUST’s defense of such matter. You may not settle or compromise any claim against the DUST Parties without DUST’s written consent.
To the maximum extent permitted by applicable law, DUST excludes all representations, warranties, undertakings and guarantees relating to this Site. DUST does not represent, warrant, undertake or guarantee that the information in the Site is correct, accurate, complete or non-misleading. DUST does not represent, warrant, undertake or guarantee that the use of guidance in the Site will lead to any particular outcome or result.
We cannot and will not guarantee that this Site is free from computer viruses or anything else that has destructive properties.
We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in contract, tort or otherwise, which may arise as a result of your use of (or inability to use) this Site, or from your use of (or failure to use) the information on this Site.
The Public Things Page helps to facilitate connections between prospective buyers and the sellers of products leveraging our authentication technology, but the Public Things Page is solely a listing of such products and DUST has no control over and does not guarantee or verify the existence, quality, safety or legality of any products listed on the Public Things Page; the truth or accuracy of any User Content on the Public Things Page; the ability of a seller to sell products or any return or refund policies; the ability of prospective buyers to pay for products; or that a seller or a prospective buyer will actually complete a transaction. The actual contract for sale of any item listed on the Public Things Page is an agreement between the buyer and the seller, and DUST is not a party to any such agreement.
DUST makes no warranty that (i) you will be able to sell or purchase any products listed on the Public Things Page, or (ii) the quality of any products, services, information or other materials listed on the Public Things Page will meet your expectations.
This website provides links to other websites owned by third parties. The content of such third party sites is not within our control, and we cannot and will not take responsibility for the information or content thereon. Links to such third party sites are not to be taken as an endorsement by us of the third party site, or any products promoted, offered or sold on the third party site, nor that such sites are free from computer viruses or anything else that has destructive properties. We cannot and do not take responsibility for the collection or use of personal data from any third party site. In addition, we will not accept responsibility for the accuracy of third party advertisements.
DUST will not be liable in respect of any losses arising out of any event or events beyond our reasonable control. DUST will not be liable in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. DUST will not be liable in respect of any loss or corruption of any data, database or software. DUST will not be liable in respect of any special, indirect, incidental, exemplary or consequential loss or damage. IN NO EVENT WILL THE DUST PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). Nothing in this disclaimer shall: limit or exclude liability for death or personal injury resulting from negligence; limit or exclude liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this section govern all liabilities arising under the disclaimer or in relation to the document, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
If any provision of this limitation of liability is invalid or unenforceable under applicable law, that provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.
These Terms of Service shall be governed by, and construed and enforced in accordance with the substantive laws of the Commonwealth of Massachusetts, without regard to the principles of conflicts of laws of the Commonwealth of Massachusetts or any other state or jurisdiction. Any disputes related to this document will be subject to the exclusive jurisdiction and venue of any state or federal courts located in the Commonwealth of Massachusetts, Middlesex County. These Terms of Service constitute the entire agreement between you and DUST governing your access and use of the Site, and supersede any prior agreements between you and DUST with respect to the Site. For clarity, your use of our identification and authentication technologies (“DUST Products”) are not governed by these Terms of Service, but rather by your or your company’s or organization’s agreement with DUST covering such Company Products. The failure of DUST to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of DUST, but DUST may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site. DUST will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond DUST’s reasonable control.
This document is the property of DUST Identity, Inc. This document contains information about DUST Identity, Inc. products and solutions. The information is not advice and should not be treated as such. DUST Identity, Inc. assumes no responsibility or liability for any errors or omissions in the content of this document. The information contained in this document is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness. The data represented is historical and past performance is not a reliable indicator of future results.
To the maximum extent permitted by applicable law, DUST Identity, Inc. excludes all representations, warranties, undertakings and guarantees relating to this document. DUST Identity, Inc. does not represent, warrant, undertake or guarantee that the information in the document is correct, accurate, complete or non-misleading. DUST Identity, Inc. does not represent, warrant, undertake or guarantee that the use of guidance in the document will lead to any particular outcome or result.
DUST Identity, Inc. will not be liable in respect of any losses arising out of any event or events beyond our reasonable control. DUST Identity, Inc. will not be liable in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. DUST Identity, Inc. will not be liable in respect of any loss or corruption of any data, database or software. DUST Identity, Inc. will not be liable in respect of any special, indirect or consequential loss or damage. Nothing in this disclaimer shall: limit or exclude liability for death or personal injury resulting from negligence; limit or exclude liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this section govern all liabilities arising under the disclaimer or in relation to the document, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
If any provision of this disclaimer is invalid or unenforceable under applicable law, that provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.
This disclaimer shall be governed by, and construed and enforced in accordance with the substantive laws of the Commonwealth of Massachusetts, without regard to the principles of conflicts of laws of the Commonwealth of Massachusetts or any other state or jurisdiction Any disputes related to this document will be subject to the exclusive jurisdiction and venue of any state or federal courts located in the Commonwealth of Massachusetts, Middlesex County.