Terms of Use

These Terms of Use (“Terms of Use”) apply to your use of this Site. Any purchase of any products or services available through this Site is governed by the Terms of Purchase (“Terms of Purchase”) on the relevant Daphtora website, which is incorporated herein by reference. Additionally, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference.

Throughout the Site, the terms “we,” “us” and “our” refer to Daphtora. Daphtora offers this Site, including all information, tools, and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. By continuing to use this Site, you are confirming your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

WE ASK THAT YOU CAREFULLY READ THESE TERMS OF USE, ALONG WITH THE PRIVACY NOTICE AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.

 

Data Integrity

 

You represent that all of the information, data, and other materials you provide on this Site or to Daphtora through any other means are true, accurate, current, and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

 

Privacy Notice

 

A copy of the Privacy Notice that applies to the collection, use, disclosure, and other processing of personal information on this Site is located at https://daphtora.com. You consent to any personal information we obtain about you (either via this Site, by email, telephone, or any other means) being collected, stored, and otherwise processed in accordance with the terms of the Privacy Notice.

 

License and Site Access

 

All contents available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software) are the exclusive property of and owned by Daphtora, its licensors or its content providers, and is protected by copyright, trademark, and other applicable laws.

Daphtora grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download, and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices that appear in the content. Daphtora or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Daphtora’s sole discretion. Daphtora strictly prohibits any other use of any content available through the Site, including but not limited to:

  • any downloading, copying, or other use of the content or the Site for purposes competitive to Daphtora or for the benefit of another vendor or any third party;

  • any caching, unauthorized linking to the Site, or the framing of any content available on the Site;

  • any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available;

  • any uploading, posting, or transmitting of any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer;

  • using any hardware or software intended to surreptitiously intercept or otherwise obtain any information from the Site; or

  • any action that imposes or may impose (in Daphtora’s sole discretion) an unreasonable or disproportionately large load on Daphtora’s infrastructure, or damage or interfere with the proper working of our infrastructure.

You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you shall terminate the permission or license granted to you by Daphtora.

Daphtora reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Daphtora may be entitled, at law or in equity.

 

Content You Submit

 

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality, and copyright of any such content. You may not upload to, distribute, or otherwise publish through this Site any content that is confidential, proprietary, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages criminal conduct.

You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.

With respect to any content you submit, post, upload, publish, or otherwise make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice), you grant Daphtora a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content in any media. Any such content will not be treated as confidential.

 

Links

 

This Site may contain links to other websites or resources that are operated by third parties not affiliated with Daphtora. These links are provided as a convenience to you. We are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Inclusion of links to other sites should not be viewed as an endorsement of the content. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources.

 

DISCLAIMERS

 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DAPHTORA MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE DAPHTORA SITES.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAPHTORA DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

 

LIMITATION OF LIABILITY

 

YOU ACKNOWLEDGE AND AGREE THAT NEITHER DAPHTORA NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “DAPHTORA PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE DAPHTORA SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; OR (4) ANY USE OF THE SITE.

YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH DAPHTORA IS TO DISCONTINUE YOUR USE OF THE SITE.

YOU AND DAPHTORA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Indemnities

 

You will indemnify and hold harmless the Daphtora Parties from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the Daphtora Parties and such parties, and shall defend the Daphtora Parties and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Purchase; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable law or the rights of a third party.

 

Electronic Communications

 

When you use the Site or send emails to Daphtora, you are communicating with Daphtora electronically. You consent to receive electronically any communications related to your use of this Site. Daphtora will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

 

Site Postings

 

The Site may allow users to post messages. Daphtora is under no obligation to review any content posted by users and assumes no responsibility or liability relating to any such content. Daphtora, in its sole discretion, may monitor, not post, or remove any such content.

 

Trademarks and Copyrights

 

The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Daphtora or its licensors or content providers. Users are prohibited from using any Marks for any purpose without the written permission of Daphtora or the third party who may own the Marks. All contents available on or through the Site are protected by copyright, trademark, and other applicable laws.

 

Claims of Intellectual Property Infringement

 

Daphtora 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, please provide Daphtora’s Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

  • a description of the copyrighted work that you claim has been infringed;

  • identification of the material that is claimed to be infringing and where the material is located on the Site;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner; and

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Daphtora’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: service@daphtora.com