TERMS AND CONDITIONS

 

Welcome to Dup-Dup, a service of Dup-Dup, LLC, a Michigan limited liability company (the “Company”). Your access to and use of the Dup-Dup internet website and related application(s) (the “Services”) is subject to the Terms and Conditions set forth in this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES.

BY USING THE SERVICE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT AND AGREED WITHOUT LIMITATION OR QUALIFICATION, TO BE LEGALLY BOUND BY THIS AGREEMENT.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICES.

THE COMPANY MAY, FROM TIME TO TIME, MAKE CHANGES OR ADDITIONS TO THIS AGREEMENT, AND YOUR CONTINUED USE OF THE SERVICES AFTER THE COMPANY MAKES SUCH CHANGES OR ADDITIONS WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR ADDITIONS. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS.

You agree as follows:

·      You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;

·      You will use the Services in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by the Company from time to time; and

·      You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.

If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Services.

 

The Company’s License to You

The Company grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Services. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Services and, if you sell or otherwise transfer a device on which the application is installed to a third party, you must remove the Services from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Services).

Your License to the Company

Any communications or material of any kind that you email, post, or otherwise transmit to the Company using the Services, including data, questions, comments, or suggestions (your “Communications”) will become the property of the Company. You hereby grant a license to the Company to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.

Electronic Signatures

You agree to be bound by any affirmance, assent, or agreement you transmit to the Company using the Services, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the Services, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Carrier Charges

The Company does not charge for the Services, but your carrier’s data rates may apply to your use of the Services. Use of the Services requires data transfer between your device and one or more servers. The cost of data transfer is your responsibility.

Use of the Company Services

The following requirements apply to your use of the Services:

·      You must be at least 13 years of age to use the Services.

·      You will not use any electronic communication feature of the Services for any purpose that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

·      You will not use the Services to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.

·      You will not collect or store personal data about other users of the Services.

·      You will not use the Services for any commercial purpose not expressly approved by the Company in writing. You will not use the Services to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.

·      You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

·      You will not use the Services when you are driving a motor vehicle, even if doing so is legally permitted in your location.

The Company may remove any material which the Company deems to violate any of these requirements. Failure to comply with these requirements may result in termination of your license to use the Services.

GENERAL TERMS AND CONDITIONS

1.              Authorized Uses. The Company, authorizes you to use this Services and to display its content but solely for your own personal noncommercial use. Any other use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any content on the Services, use of the Services, or access to the Services.

2.              Proprietary Rights. Everything that appears on the Services is protected under the copyright laws of the United States and other countries and may not be used except as provided in these Terms and Conditions. The Company neither represents nor warrants that your use of materials displayed on the Services will not infringe rights of third parties.

3.              Inaccuracies. While the Company uses reasonable efforts to include accurate and up to date information on the Services, the Company makes no warranties or representations as to the Services’ accuracy. The Company disclaims any and all liability for the accuracy, completeness, correctness, or currency of such information.

4.              Security of Data Transmission and Storage

You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and the Company or between you and other parties.

The Company and its affiliates, and agents are permitted, but not obligated, to review or retain your Communications. The Company may monitor your Communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Services, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which The Company or its affiliates or agents monitor your Communications and enforces or fails to enforce the terms of the Agreement. In no event will The Company or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by the Company or its affiliates or agents.

We reserve the right to disclose your personal information as required by law, such as to comply with a subpoena, bankruptcy proceedings or similar legal process, and when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud and/or to comply with a judicial proceeding, court order, or legal process served on our Services.

In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our business assets, your personal information will likely be among the assets transferred.

With the exception of the foregoing, we will not sell or share your personal information with anyone.

Notice to EU Individuals: this Privacy Statement and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.

If you are located in the EU, you may either be restricted from accessing the Services or be asked to provide clear and unequivocal affirmative consent to the collection, processing, and sharing of your user information.  

If you are located in the EU, you have the right to delete your account with the Services by contacting the support team at Contact@Dup-Dup.com. If you choose to permanently delete your account, the non-public personal data that we have associated with your account will also be deleted.

Notice to EU Individuals: The Company will not process your user information without a lawful basis to do so, as such bases are defined in Article 6 of the GDPR. In general, the Company will process your user information on the legal bases of consent, contract, or legal obligation. The Company may also process certain user information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering and continuing to develop and improve the Services, learning from your behavior on the Services to better serve you and other users, helping us modify or enhance the Services, receiving insight as to what users do (and don't) like about the Services or aspects thereof, and providing a stable, consistent, and secure user experience.

5.              Disclaimer of Warranties. Neither the Company nor any other party involved in creating, producing, or delivering the Services makes any representations about the suitability of the content of this Services for any purpose, nor that your use of the Services will be uninterrupted or error-free. EVERYTHING ON THE SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

6.              Limitation of Liabilities. Neither the Company nor any other party involved in creating, producing, or delivering the Services assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from this Services. Your use of and browsing in the Services are at your risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.

7.              Content Submitted or Made Available for Inclusion on the Services. Any communication or material that you transmit to the Services by electronic mail or otherwise (“Communications”), including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Any unsolicited communication or material that you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting. Furthermore, the Company will be free to use any ideas, concepts, know-how, or techniques contained in any unsolicited communication or material that you send using the Services for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

8.              Images of People or Places. Images of people or places displayed on the Services are either the property of, or used with permission by, the Company. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

9.              Trademark Information. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Services, are registered and unregistered Trademarks of the Company and others. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of the Company or such third party that may own the Trademarks displayed on the Services. Your use of the Trademarks displayed on the Services, or any other content on the Services, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

10.           Links. The Services use links to various third-party websites. The Company does not control such other websites, and neither the Company nor its agents or affiliates make any representations whatsoever concerning the content, accuracy, security or privacy of those websites. The fact that the Company has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and the Company cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you seek to hold the Company or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on other websites.

11.           Conduct of Users. Although the Company may from time to time monitor or review postings, transmissions, and the like on the Services, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Services. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Company retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.

12.           Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

13.           Notices. The Company may give notice to its users by means of a general notice on the Services, electronic mail to a user’s email address on its records, or by written communication sent by first class mail to a user’s address on its records.

14.           Notice and Procedure for Making Claims of Copyright Infringement. The Company 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 your intellectual property rights have been otherwise violated, please provide the Company with the following information:

(i)             A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)           Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

(iii)         Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(iv)          Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(v)           A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi)          A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15.           International Use. None of the products or underlying information or technology available at the Services may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify the Company against any and all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.

16.           Monitoring, Copying, Altering or Interfering with the Services. You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Services without the prior expressed written permission of the Company or the appropriate third party.

17.           General Information. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Ingham County, Michigan and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

18.           Privacy Policy. The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy can be found by clicking [hyperlink-here]. The Company’s Privacy Policy is expressly incorporated into this Terms of Use.

When you open an account to use or access certain portions of the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name or password. The Company shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant the Company a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the Services. You may revoke this license and terminate the Company’s rights at any time by removing your personal information from the Services.