Thank you for visiting the Dappier website at https://Dappier.com/ (the “Site”) provided by Dappier Inc. (“Dappier,” “we” or “us”). Your use of this Site is expressly conditioned on your acceptance of the following terms. By using this Site, you signify your assent to these Terms & Conditions. If you do not agree with any part of the following terms, you should not use this Site.
- Authority
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms & Conditions; otherwise, please exit the Site.
- Changes to These Terms & Conditions or The Site
We may change or modify these Terms & Conditions from time-to-time without notice other than posting the amended Terms & Conditions on the Site. The amended Terms & Conditions will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms & Conditions shall constitute your consent to such changes. Dappier reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that Dappier shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
- Registration and Security
If you wish to purchase any products or use certain services on the Site, you must create an account with us and provide the required information to us. By entering any information on the Site, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the Site or any portion thereof, and you agree not to allow any other person or entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy [insert link].
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
- User Conduct
By using the Site you agree not to:
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us;
- Interfere with the operation of the Site or any user’s enjoyment of the Site, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Site; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Website, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, or accessing the accounts of others without permission;
- Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit, suspension or immediate termination of your account or your access to the Site, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Dappier. You acknowledge that Dappier is not responsible for and does not assume any liability for users’ acts or omissions, including, without limitation, with respect to the aforementioned activities.
- Intellectual Property
You acknowledge that all materials at the Site, including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Dappier and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms & Conditions are reserved to their respective copyright owners. Dappier authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms & Conditions, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Dappier or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Site are the sole property of Dappier and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Dappier and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Dappier and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Dappier. Dappier reserves the right to enforce its intellectual property rights to the fullest extent of the law.
- External Links
We may provide links to other websites from time to time that are operated by third parties not affiliated with Dappier. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. Different terms and conditions and privacy policies may apply to your use of any linked sites. If you decide to access linked websites, you do so at your own risk
- Termination
You agree that Dappier may terminate or suspend your access to all or part of this Site, without notice, for any conduct that Dappier, in its sole discretion, believes is in violation of these Terms and Conditions or any applicable law or is harmful to the interests of another user or Dappier. Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property,” “Warranties, Disclaimers and Limitations of Liability,” Indemnification,” “Applicable Law and Jurisdiction” and “User Conduct” sections of these Terms and Conditions.
Dappier reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms and Conditions, you agree that Dappier shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
- Warranties, Disclaimers and Limitations of Liability
You expressly understand and agree that:
Your use of the website is at your sole risk. The Site and the materials contained herein are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in these Terms and Conditions, Dappier and its respective officers, directors, employees and other representatives (collectively, the “Dappier parties”), expressly disclaim all warranties 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. Without limiting the generality of the foregoing, the Dappier parties make no warranty that: (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the Site will meet your expectations or needs; and (v) any errors in the Site will be corrected.
All products and services used through the Site are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, the Dappier parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the website. Without limiting the generality of the foregoing, the Dappier parties expressly disclaim all liability for product defect or failure, claims that are due to product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
The Dappier parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the website; or (vi) for any other matter relating to this website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Dappier and you. The products, information and services offered on and through the Site would not be provided without such limitations.
Notwithstanding the foregoing, the sole and entire maximum liability of the Dappier parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you, if any, for any product, information or service purchased by you from Dappier on this Site.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
- Indemnification
You agree to indemnify, defend and hold harmless the Dappier parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of these Terms and Conditions, your infringement or violation of any rights of another, or termination of your access to the Site.
- Governing Law and Jurisdiction
These Terms & Conditions are governed by and will be construed in accordance with the laws of the United States and the State of California. Any disputes arising under or in connection with these Terms & Conditions, or your access or use of the Site shall be subject to the exclusive jurisdiction of the State and federal courts located in Palo Alto, California.
- Miscellaneous
These Terms and Conditions constitute the entire and only Terms and Conditions between Dappier and each user of the Site with respect to the subject matter of these Terms and Conditions.
If any provision of these Terms and Conditions be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of Dappier to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms and Conditions.
- Contact Us
Questions regarding these terms should be addressed to:
Dappier Inc.
4229 N FM 620
Suite 333
Austin TX, 78734
legal@dappier.com
Effective Date: December 19, 2023