dügl End User License Agreement
Hello and welcome düglers! This dügl User Agreement (“Terms”) determines how you can use our products and services, such as our mobile apps, email, and online products and services (collectively called “Services” provided by dügl (“Dügl”, “we”, “us”, or “our”). By accessing our application, you agree to be bound by our Terms. If you do not agree with all of our Terms, then you are expressly prohibited from using our products and services, and must discontinue use immediately.
We change our Terms from time to time whenever we update the functionalities of our Services, therefore you should look at the Terms regularly to check for such changes. Our “Last Updated” date reflects the effective date of the updated terms. If you do not agree with our terms, you must discontinue accessing our Services immediately.
Who May Use The Services
You may use the Services if you agree to form a binding agreement with dügl regarding the Terms. You must be over the age required by the laws of your country to create an account with dügl. You must be at least 13 years or older to access the Services. If you are accepting these Terms on behalf of another legal entity (company, organization, government, etc.), you represent and are
Your Use of Our Services
- Unless permitted by us in writing, your access or use of the Services is subject to these terms and all applicable laws and regulations. You are responsible for your use of the Services and for any content that you provide. Your license does not include the right to:
- Access or use the Services if you are not able to agree to these Terms.
- Make unauthorized copies, sell, transfer, license, distribute, modify, translate, reverse engineer, disassemble, decompile, or create any derivative of the Services.
- Market, rent or lease the Services for a fee or charge.
- Access or use the Services for any illegal or unauthorized purpose. Users must agree to comply with all local laws regarding online conduct and acceptable content.
- Access dügl’s private API by any other means other than the dügl application itself.
- Crawl, scrape, or cache any content from the Services including but not limited to the user profiles and photos.
- Impersonate any person or entity, or falsely claim you represent or are affiliated with any person or entity.
- Upload, transmit, or distribute worms, viruses, malicious code, or any other software intended to interfere with the Services, including any security related features.
- Use the Services to violate any applicable law or infringe upon any person’s or entity’s intellectual property rights or other proprietary rights.
- Access, search, or collect data from the Services by any means, including automated systems or software, except if permitted in these Terms or in a separate written agreement with dügl.
- Intimidate or harass another, or promote sexually explicit material. No nude or sexually suggestive photos.
- Promote violence, hate speech, or discriminate based on race, sex, religon, nationality, disability, sexual orientation, or age.
- Use the Services to upload any material which may infringe on applicable laws or which infringes on someone else’s rights.
- Use the Services for any unsolicited or unauthorized advertising, solicitation, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other prohibited form of solicitation.
- Use the Services for any material which is defamatory of a person, obscene, offensive, pornogoraphic, hateful or inflammatory.
- Use the Services for any material that would promote, constitute, or encourage for a criminal offense, dangerous activities, or self harm.
- Use the Services for any material that contains a threat of any kind.
- Use the Services for any material designed to provoke, or antagonise people, such as trolling, bullying, or is intended to harass, harm, hurt, scare, or upset other people.
- We reserve the right to, at any time, modify, suspend, or discontinue the Services without notice to you. We also reserve the right to remove any content in our sole discretion if the content violates or potentially violates these Terms. We reserve the right to alter these Terms at any time and the right to refuse service to anyone for any reason at any time. We reserve the right to force forfeiture of any username, account that becomes inactive or may mislead other users.
- You are solely responsible for the information associated with your Account and anything that happens that is related to your account. You are responsible for the security of your account, and you should notify us if you suspect or discover that someone has accessed your account without your permission. You will not license, sell, or transfer your Account without our written approval.
- It is your responsibility to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- You are responsible for your use of the Services and for any content that you provide. Any use or reliance on any content or material posted through the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content posted through the Services.
- We reserve the right to remove Content that violates the Terms, for example: misleading content, copyright infringements, trademark infringements, intellectual property infringements, impersonation, unlawful conduct, violence, harassment, or and any other discriminatory acts.
- dügl does not claim any ownership rights in text, files, images, photos, sounds, videos, musical works, or any other material (collectively “Content”).
- By submitting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods known. This license allows us to make your Content available to the rest of the world and to let others do the same.
- Content that you submit must agree and abide by the Terms.
- You represent and warrant that you have obtained all rights, licenses, permission, consent, or authority necessary for any Content that you submit, post, or display on the Services.
- You agree that your content does not contain abuse, encourage violence, threaten harm against another, violate any applicable law, contain personal information from anyone under the age of 18 or exploit people under the age of 18 in a sexual or violent manner, nudity, pornography, contain offensive or discriminatory content, specifically related to race, nationality, sex, sexual orientatation, religion, disability, or age.
- You agree that your Content does not violate, or link to material that violates any of these Terms, or any applicable law or regulation.
- Any use of the Services in violation of these Terms may result in termination or suspension of your rights to use the Application, or result in legal consequences.
- We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.
- The application is provided on an as-is and as-available basis. You agree that your use of the application services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the application and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the application’s content or the content of any websites linked to this application and we will assume no liability or responsibility for any (1) Errors, mistakes, or inaccuracies of content and materials, (2) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the application, (3) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) Any interruption or cessation of transmission to or from the application, (5) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the application by any third party, and/or (6) Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the application. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the application, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of Liability
- In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the application, even if we have been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
- You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- You many terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. We may suspend or terminate your account at any time for any or no reason, including for violating these Terms and our Content Policy.
- These Terms and any policies or operating rules posted by us on the Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms are determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.