Terms of Service
February 17, 2014
Thank you for your interest in Dragdis!
Dragdis's products and services are provided and owned by UAB Dragdis and Dragdis, LLC ("we," "us," "our," or "Dragdis").
These terms of service (the “Terms”) govern your access to and use of Dragdis products and services, which include the Dragdis website, browser extension, Dragdis software, Dragdis mobile application and any services that Dragdis provides through our application, software or website (all of which collectively are referred as the "Dragdis Services"). Dragdis retains all right, title and interest in and to the Dragdis Services and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks, service marks, trade secrets and other intellectual property rights, any derivative work of the Dragdis Services, and any update, and any copies thereof.
Naugarduko g. 3, Vilnius
+1 415 992 5347
1. Using Dragdis Services
a. Who and howcan use Dragdis Services
Dragdis Services provided solely for your personal, noncommercial use. You may use Dragdis Services only if you can legally accept these Terms and commit under these Terms, and only in compliance with these Terms and all applicable laws.
When you create your Dragdis Services account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited.
Some of Dragdis Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically update these Dragdis Services, and these Terms will apply to such updates. "Update" shall mean any modification, error correction, bug fix, new release, upgrade, patch or other update to or for the Dragdis Services.
b. Our license to you
c. Restrictions on using Dragdis Services
We may unilaterally and without any notice or warning set forth and enforce restrictions on using Dragdis Services, especially when it is required for observing the acceptable use of the Dragdis Services (please also see Section 11 of these Terms). We reserve the right to unilaterally refuse service, terminate your accounts or limit access to the Dragdis Services at our sole discretion.
2. Your Content
a. Creating Dragdis account
You are not required to create a user account or provide any personal information in order to visit Dragdis website, however, you are required to create a user account in order to use Dragdis Services. When you create a user account, you must provide requested current, complete, and accurate information about you. You must maintain and update such information current, complete and accurate. You warrant that information that you provide to us will be truthful, accurate, and complete, and that you are authorized to provide such information. You authorize us to verify your such information at our own discretion and at any time.
b. Saving and retaining content
Dragdis allows you to save, retain and sharecontent, including photos, videos, text, links and other materials with the Dragdis Services. Anything that you save, post or otherwise retain on Dragdis Services is referred to as "User Content." Dragdis respects the intellectual property of others, and we ask our users to do the same. When you save and retain any content with the Dragdis Services please consult the websites and online resourcesfrom which such content originates for copyright notices, information and restrictions that may be applicable to such content. Please note that certain content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the right holders. You are solely responsible for the User Content you save and retainwith the Dragdis Services and you will not violate the restrictions posted on the website or resource where such content originates. As a condition to your use of the Dragdis Services, you agree not to use the Dragdis Services to infringe any intellectual property rights. You may be subject to civil and criminal penalties, including without limitation monetary damages, if you violate these Terms or infringe any third party’s legal rights. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the Dragdis Services to any users who infringe any copyrights or other intellectual property rights.
c. Privacy of the User Content
We reserve the unilateral right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies, without any notice or warning.
d. How long we keep your User Content
Following termination or deactivation of your account, or if you remove any User Content from Dragdis, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Dragdis may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Dragdis Services.
e. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Dragdis more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Dragdis does not waive any rights to use similar or related Feedback previously known to Dragdis, or developed by its employees, or obtained from sources other than you.
We care about your security. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account. While we work to protect the security of your content and account, Dragdis cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. Please notify us immediately of any compromise or unauthorized use or suspected unauthorized use of your account, or loss of access to your account or password, as the case may be.
4. Third-Party Links, Sites, and Services
Dragdis Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Dragdis. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Dragdis, you do so at your own risk and you agree that Dragdis will have no liability arising from your use of or access to any third-party website, service, or content.
Dragdis Services may integrate with third-party software applications and services that enable you to save User Content within such third-party applications. In these cases we may use information about the User Content pertaining to such third party applications and services to improve the service offerings by such third parties.
Dragdis may terminate or suspend this license at any time, with or without cause or notice to you.
If your use of Dragdis Services results in legal action against you for any reason, including without limitation for reasons of copyright violation, you agree to indemnify and hold harmless Dragdis and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of Dragdis Services, (b) your User Content, or (c) your breach of any of these Terms.
Reasonable efforts are taken to improve the accuracy and integrity of the Dragdis Services, but we are not responsible for mistakes, out-of-date information, inaccuracies, typographical or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to any of the Dragdis Services, content, or other materials comprising a part of the Dragdis Services at any time without notice. In no event will we be liable for making these changes.
As a registered user in good standing, you may be provided with limited access to the User Content. Such access is provided as an accommodation only, and the items you save and retain with the Dragdis Services may be lost or deleted. We do not warrant, and will not have any liability or responsibility for, your use of the Dragdis Services. We may also impose limits on the use of or access to certain features or portions of the Dragdis Services, for any reason and without notice or liability. Dragdis Services, including our website, products and services may be unavailable from time to time due to mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Dragdis takes no responsibility and assumes no liability for any User Content that you or any other user or third party saves, retains, posts or transmits using Dragdis Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
The Dragdis Services are provided on an "as is" basis without warranty of any kind, whether express or implied.
DRAGDIS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT THE DRAGDIS SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE DRAGDIS SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE DRAGDIS SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE DRAGDIS SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE DRAGDIS SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION.
8. Limitation of Liability
YOUR USE OF THE DRAGDIS SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRAGDIS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE DRAGDIS SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE DRAGDIS SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL DRAGDIS'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100).
For any dispute you have with Dragdis, you agree to first contact us and attempt to resolve the dispute with us informally. If Dragdis has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Dragdis agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Dragdis will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DRAGDIS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in New York, NY or the United States District Court for the Southern District of New York, for any actions not subject to Section 9 (Arbitration).
We make no representations that Dragdis Servicesare appropriate, legal or available for use in locations and jurisdictions outside of the United States. By using them outside of the United States you do so at your own choice and expressly assume all relevant risks.
11. Acceptable Use
You agree not to engage in any of the following prohibited activities:
- · Use, display, mirror or frame the Dragdis Services, any individual element within the Dragdis Services, the Dragdis name, trademark, logo or other proprietary information, or the layout and design of any page or feature, without our express written consent;
- · Modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Dragdis Services, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Dragdis Services or any portion thereof;
- · Access, tamper with, or use non-public areas of the Dragdis Services, our computer systems, or the technical delivery systems of our providers;
- · Attempt to probe, scan, or test the vulnerability of any Dragdis system or network or breach any security or authentication measures;
- · Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dragdis or any of our providers or any other third party (including another user) to protect the Dragdis Services or User Content;
- · Attempt to access or search the Dragdis Services, User Content or scrape or download User Content from the Dragdis Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Dragdis Services through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Dragdis or other generally available third party web browsers;
- · Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
- · Use any meta tags or other hidden text or metadata utilizing a Dragdis name or Dragdis trademark, logo, URL, or product name without Dragdis's express written consent;
- · Use the Dragdis Services for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by Dragdis or in any manner not permitted by the Terms;
- · Market, rent or lease the Dragdis Services for a fee or charge, or use the Dragdis Services to advertise or perform any commercial solicitation;
- · Distribute, license, transfer, or sell, in whole or in part, any of the Dragdis Services or any derivative works thereof;
- · Use Dragdis user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Dragdis Services to send altered, deceptive or false source-identifying information;
- · Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Dragdis Services;
- · Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Dragdis Services;
- · Collect or store any personally identifiable information from the Dragdis Services from other users of the Services without their express permission;
- · Use the Dragdis Services to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- · Interfere with or attempt to interfere with the proper working of the Dragdis Services, any transactions being offered in connection with the Dragdis Services or any other activities conducted by us, disrupt our website or any networks connected to the Dragdis Services, or bypass any measures we may use to prevent or restrict access to the Dragdis Services;
- · Exploit the Dragdis Services in any unauthorized way whatsoever, including, but not limited to burdening network capacity or circumvention of any applicable controls;
- · Take any action that imposes or may impose an unreasonable or disproportionately large load on our or third party infrastructure;
- · Share any content with any unreasonably large number of recipients, including sharing content with persons you do not know or who do not know you;
- · Incorporate the Dragdis Services or any portion thereof into any other program, service or product.
- · Impersonate or misrepresent your affiliation with any person or entity;
- · Violate any applicable law or regulation; or
- · Encourage or enable any other individual or third party to do any of the above activities.
· Use the Dragdis Services for any illegal purposes;
Dragdis reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that Dragdis believes violates these Terms. Dragdis may also permanently or temporarily terminate or suspend a user account without notice and liability for any reason, including if, in Dragdis's sole determination, a user violates any provision of these Terms or for no reason.
12. General Terms
Notifications. Dragdis reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dragdis without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability. These Terms and any amendments and any additional agreements you may enter into with Dragdis in connection with the Dragdis Services, shall constitute the entire agreement between you and Dragdis concerning the Dragdis Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Dragdis's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Confidentiality. The Dragdis Services may enable users to share, save or post information or materials, or to communicate with or otherwise share information with other users or parties. You agree not to share, save, retain, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world. You are solely responsible for all information which you share, save, submit, publish, display, retain, disseminate or otherwise communicate through the Dragdis Services, even if a claim should arise after termination of service. You agree that all such content, messages and other communications shall not be deemed to be confidential, private or secure, and that any such content, messages and communications can be read by the operators and/or other agents of Dragdis, whether or not they are the intended recipients. If we or any other person asks you to cease and desist from sharing any content with any third party, or to cease communicating with any third party via the Dragdis Services, you agree to comply with such request immediately.
International Access. The Dragdis Services can be accessed from countries other than the United States.We make no representations or warranties that the Dragdis Services are appropriate for use or access in locations and jurisdictions outside the Unites States. If you access and use the Dragdis Services outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable.
Access by Children. In the United States, if you are a device manufacturer or other third party (the "Sponsor") that provides devices to children under the age of 13 that utilize the Dragdis Services, you assume the responsibility for complying with the U.S. Children's Online Privacy Protection Act ("COPPA") and, to the extent applicable, The Family Educational Rights and Privacy Act ("FERPA"). This means that the Sponsor must notify parents/guardians of the information to be collected and obtain parental/guardian consent before collecting and sharing with the Dragdis or through the Dragdis Services the personal information of children under the age of 13 in order to establish an account or use the Dragdis Services. Schools may under appropriate circumstances provide such consent on behalf of parents/guardians. For more information on complying with COPPA, see the Federal Trade Commission’s website at http://www.ftc.gov/privacy/coppafaqs.shtm.
Except as provided in the paragraph above, the Dragdis Services are not for individuals under the age of 13. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it.
Electronic Communications. If you create a user account or send emails to us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Dragdis Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Dragdis Services, about any of our other products or services, or for such other purposes as we deem appropriate.
Force Majeure. We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
Revisions to the Terms. We may, at any time, and without notice, revise these Terms. If we modify the Terms, we will post the modification on our website, or through the Dragdis Services, or otherwise provide you with notice of the modification. Prior to each usage of the Dragdis Services, you should review these Terms of Service to determine the current terms and agreement to which you are bound. For your convenience, we include the effective date of the Terms and agreement at the beginning of the document, so that you can easily ascertain whether it has been updated since the last time you viewed the Terms of Service. Your continued use of the Dragdis Services constitutes acceptance of these Terms and agreement at the time of each use. If the modified Terms are not acceptable to you, your only recourse is to cease using the Dragdis Services. Notwithstanding the preceding sentences of this paragraph, no revisions to the Terms of Service will apply to any dispute between you and Dragdis that arose prior to the date of such revision.
Proprietary Rights Notices. All trademarks, service marks, logos, trade names and any other proprietary designations of Dragdis used herein are trademarks or registered trademarks of Dragdis. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.