You may use the Dugadu Site only if you can form a binding contract. You may use the Dugadu Site only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Dugadu Site by anyone under 13 is strictly prohibited and in violation of this Agreement. The Dugadu Site is not available to any Users previously removed from the Dugadu Site by Dugadu, for any reason.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Dugadu Site as permitted by the features of the Dugadu Site. The Dugadu Site includes graphics, text, music, audio clips, videos, and other content provided by Dugadu and our third-party service providers. You acknowledge that you do not obtain any ownership of such content. You may use such content only for private, noncommercial purposes and solely to the extent permitted by the functionality of the Dugadu Site. Dugadu may terminate this license at any time for any reason or no reason. Dugadu reserves all rights not expressly granted herein in the Dugadu Site and the Dugadu Content (as defined below).
Your Dugadu account gives you access to the services and functionality that we may establish and maintain from time to time, in our sole discretion. We may maintain different types of accounts for different types of Users. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date and current. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Dugadu immediately of any breach of security or unauthorized use of your account. Dugadu will not be liable for any losses caused by any unauthorized use of your account.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Dugadu Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Dugadu Site; (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc.; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Dugadu Site; (vi) uploading invalid data, viruses, worms, or other software agents through the Dugadu Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Dugadu Site; (viii) using the Dugadu Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or creating a username that is vulgar or obscene (as determined in Dugadu’s sole discretion); (x) interfering with the proper working of the Dugadu Site; (xi) accessing any content on the Dugadu Site through any technology or means other than those provided or authorized by the Dugadu Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Dugadu Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Dugadu Site or the content therein.
We may, without prior notice, change the Dugadu Site; stop providing the Dugadu Site or features of the Dugadu Site, to you or to Users generally; or create usage limits for the Dugadu Site. We may permanently or temporarily terminate or suspend your access to the Dugadu Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you will continue to be bound by this Agreement.
→ Your use is for personal marketing use only, and you will not resell, repurpose, or otherwise integrate data from Dugadu Site into another computer program, software, or other medium for commercial purposes.
→ Not to use Dugadu Site in a way that creates a risk of harm, injury, emotional distress, death, disability, or physical or mental illness to any person or entity;
→ Not to use Dugadu Site in a way that infringes on the trademarks, copyright, or intellectual property rights of Dugadu, or any other person or entity;
→ Not to access, tamper with, hack, or use non-public areas of Dugadu Site or computer systems, including taking any measures to avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measure implemented by Dugadu to protect Dugadu Site;
→ Not to access, scrape, upload, or download user content through the use of any engine, software, tool, agent, device, mechanism, automated scripts, spiders, robots, crawlers, data mining tools, or any other software;
→ Not to send any unsolicited or unauthorized spam, spam comments on posts, advertising messages, promotional materials, email, junk mail, or other form of solicitation;
→ Not to use Dugadu Site for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted by these Terms;
→ Not to decompile, disassemble or reverse engineer any of our software or Site;
→ Not to interfere with, or attempt to interfere with, the access of any user, host or network, including, but not limited to, sending a virus, overloading, flooding, or spamming;
→ Not to collect or store any personally identifiable information from Dugadu Site or from other users without express permission;
→ Not to post any user content that contains any information that is illegal, fraudulent, false, misleading, deceptive, disparaging, offensive, or otherwise objectionable;
→ Not to violate our Terms or any other applicable law or regulation, and not to encourage or enable any other individual to violate our Terms or to do any of the activities prohibited in these Terms.
The Dugadu Site allows Users to upload, post or share content such as profile information, text, images, documents, graphics, links, comments, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Dugadu Site is referred to as “User Content”). We claim no ownership rights over User Content created or made available by you. Dugadu has the right (but not the obligation) in its sole discretion to modify, reject, or remove any User Content that is submitted to or shared via the Dugadu Site, without liability or obligation to you. Dugadu shall not be liable for any loss of User Content or other data made available to the Dugadu Site.
Posting or otherwise providing to the Dugadu Site or any other User any harmful, obscene, or otherwise objectionable User Content (as determined by Dugadu in its sole discretion) is strictly prohibited. Without limiting the foregoing, you agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury to you, or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Dugadu takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Dugadu Site. You acknowledge that your User Content may contain metadata or other information that may be accessible to anyone with access to your User Content.
Dugadu has not reviewed, and cannot review, all of the material posted to the Dugadu Site, and cannot therefore be responsible for that materials content, use or effects. By operating the Dugadu Site, Dugadu does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Dugadu Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Dugadu disclaims any responsibility for any harm resulting from the use by visitors of the Dugadu Site, or from any downloading by those visitors of content there posted.
You will not submit to the Dugadu Site (or use the Dugadu Site to collect): (i) any personally identifiable information, except as necessary for the establishment of your Dugadu account; (ii) any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (iii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) through (iii), collectively, “Sensitive Data”). You also acknowledge that Dugadu is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that the Hosted Services are not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, Dugadu has no liability under this Agreement for Sensitive Data.
By signing up for a Dugadu account and using the Dugadu Site, you agree that we may identify you or your company in marketing materials, sales presentations, and press releases.
Except for your User Content, the Dugadu Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Dugadu Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Dugadu and its licensors (including other Users who post User Content to the Dugadu Site). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, download, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Dugadu Content. Use of the Dugadu Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Dugadu Site, including without limitation about how to improve the Dugadu Site or our products (“Ideas”). By submitting any Idea, you agree that your disclosure will not place Dugadu under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dugadu does not waive any rights to use similar or related ideas previously known to Dugadu, or obtained from sources other than you.
Dugadu cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Dugadu and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Dugadu Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Dugadu Site with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DUGADU OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, DUGADU, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
DUGADU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DUGADU SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND DUGADU WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DUGADU, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL DUGADU BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUGADU ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DUGADU, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DUGADU HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE, OR $20.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DUGADU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Dugadu Site is controlled and operated from facilities in the United States. Dugadu makes no representations that the Dugadu Site is appropriate or available for use in other locations. Those who access or use the Dugadu Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Dugadu Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Dugadu Site are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dugadu without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement, together with any amendments and any additional agreements you may enter into with Dugadu in connection with the Dugadu Site, shall constitute the entire agreement between you and Dugadu concerning the Dugadu Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Dugadu’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.