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TERMS

The Nitty Gritty

Welcome to DADA, a free online-mobile platform where people communicate visually through drawings.  Lee los términos en español.

Here’s the important stuff you need to know:

BY SIGNING UP, OR BY USING DADA, YOU AGREE TO BE BOUND BY ALL OF DADA’S TERMS AND CONDITIONS.

You must be thirteen years of age or older to use DADA. If you are not thirteen years old, please do not use DADA or our other Services.

You own the Content and all the rights to your individual drawings.

DADA owns the content of the Visual Conversation sequences whether partly or in their entirety. DADA can copy, modify, distribute and perform the Shared Content, without asking you for permission.

Your decision to create and post Content to Visual Conversations and thus relinquish your rights in that Shared Content is permanent and cannot be reversed. If you decide to deactivate your account on DADA, your drawings and comments will continue appearing in whatever Visual Conversations they are part of.

You must establish an “Account” to use DADA. You agree to provide accurate, current and complete registration info. We recommend that you use your actual name so that attribution to your Content is accurate.

You must play nice and respect our Community Guidelines. You will not create or post any material which is unlawful, harmful, abusive, defamatory, vulgar, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, is invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, or is in violation of any International, or United States laws. You also agree not to post any copyrighted material unless you own the copyright or have written consent from the owner.

You are solely responsible for the content of your drawings and comments. We are not liable for our users’ Content or actions.

Because we need to preserve the integrity of the Visual Conversations in which you may participate, currently you cannot cancel your Account or request to delete any Content you have created and posted on DADA. However, you may request to deactivate your Account by sending an email to support@dada.nyc.

Please read the Terms below in full. Thanks, and enjoy DADA!

TERMS AND CONDITIONS

Welcome to DADA, a free online-mobile platform where people communicate visually through drawings. DADA is operated and provided by ShowOpp Inc. (“We,” “Us,” or “DADA”).

We aspire to do the right, ethical and legal thing in bringing you this App, and we ask that you use the same judgment as you read, use, link to, and share the content hosted on DADA. Members of the site must act ethically and not engage in any activity that DADA, in its sole discretion, deems to be gaming or otherwise abusing the site. DADA reserves the right to terminate the account of any member for any reason whatsoever. When utilizing DADA content, we ask that you give credit where appropriate and don’t edit our content – or content that belongs to others without permission.

It is very important that you read this Agreement. We’ve tried to make it as clear as possible, and to create terms which are fair and beneficial to the community of creators who use our services. If you have concerns or questions about the Terms of Use, please contact us at info@dada.nyc. If you have general support questions, please contact us at support@dada.nyc.

BY COMPLETING THE REGISTRATION PROCESS, OR USING DADA, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY:

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

Last updated: September 1, 2015.

This is a legally binding contract (the “Terms” or “Agreement”) between you (“you” or “users”) and ShowOpp, Inc. (“ShowOpp,” “Company,” “DADA” “we” or “us”). It sets out the terms under which we provide you with the “DADA” online drawing platform, the downloadable “DADA” Application, and the “DADA” Facebook Application (“DADA”, the “App” or “Application”), and the terms that apply when you collaborate with or view the content of other DADA users. Our “Services” mean the Web Site, the App, The Facebook App, DADA.nyc and any related services or digital tools we offer to you.

You must be thirteen years of age or older to use the Services. If you are not thirteen years old, please do not use DADA or our other Services.

Your Content:

Our App, DADA, enables you to create original works of art and other content (“Content”), using the tools and features we provide. It also enables you to participate in collaborative sequences of drawings with other users (“Visual Conversations”). You own the Content and all the rights to your individual drawings. We don’t. You can keep the Content you create on your local device or share it via email, Facebook, Twitter and certain other methods.

Content posted as part of a Visual Conversation is known as “Shared Content.” DADA owns the content of the Visual Conversations (“Shared Content”) whether partly or in their entirety.

Please review the below terms, because they impact how others can use your Content, and how much control you have over the Content you create.

You may have the opportunity to create art or other content on the DADA Site (“User Generated Content”). You may not submit content that you do not create yourself or otherwise own all rights in. You warrant that you own all right, title and interest worldwide in any User Generated Content, including all intellectual property and moral rights therein. You retain all ownership interest you have in all User Generated Content that you submit to the DADA Site. By submitting your User Generated Content to the DADA Site, you hereby grant DADA a fully paid, royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive and fully sublicensable right and license to use, sublicense, distribute, reproduce, modify, adapt, recast, transform, publicly perform, publicly display and make derivative works of, your User Generated Content (in whole or in part) and/or to incorporate it in or combine it with other content in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content. You also hereby grant each user of the Site a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, display, create derivative works of and perform such Content as permitted through the functionality of the Site and under these Terms of Service. You hereby waive any all moral rights in your User Generated Content. You hereby acknowledge and agree that DADA may use your User Generated Content, alone or in combination, with other content for any legal purpose, and may derive revenue from such use. DADA, in its sole discretion, may elect to establish a policy to share a portion of any revenue it receives from certain activities that involve your User Generated Content. If it elects to do so, DADA will post this policy to the DADA Site. Dada may change or terminate any such policy if it chooses to do so and give notice of such change or termination. You may be required to provide certain information to DADA and/or create an account to receive payments under such policies.

You further represent and warrant that you will not submit any User Generated Content that, in DADA’s sole discretion, is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

DADA shall have the right, but no obligation, to monitor User Generated Content and other features of the Site to determine compliance with these terms. DADA shall have the right in its sole discretion to edit, refuse to post or remove any User Generated Content.

Under no circumstances will DADA be liable for any loss or damage of any kind related to any User Generated Content. DADA is not responsible for any offensive, defamatory, obscene or any other content posted by users on the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove content, in whole or in part, that in DADA’s sole discretion is inappropriate, objectionable or in violation of these terms. Any user who feels that a posted message is objectionable is encouraged to contact us by email at support@dada.nyc.

DADA is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the site or through the services.

Copyrights And Intellectual Property

When you decide to share your Content through a third-party service that is integrated with our Services, such as Facebook, Twitter, Tumblr or other social media platforms, you’re authorizing us to deliver the Content to that third-party service. This means that the third-party service’s handling of your Content will be subject to its own agreement with you, for which we are not responsible. In addition to providing this license to us, DADA owns the actual bits and bytes of data on its servers. You have no property or other interest in those bits and bytes, or to any DADA servers, infrastructure, or the Services we offer.

Visual Conversations

Every drawing posted on DADA is a starting point from which others can branch off. When you post to DADA, you are contributing to a shared, open, continuing store of content. When you post a drawing as part of a Visual Conversation, you agree that, with the exception of your individual drawing, to which you retain all rights, the Shared Content in which your Content appears is owned by DADA. This means, for example, that you agree that DADA can copy, modify, distribute and perform the Shared Content, all without asking you for permission. That said, while your Shared Content remains on DADA, DADA will always maintain a reasonable effort to maintain attribution to you of your individual content both on its own and within the Visual Conversations. Your decision to create and post Content to Visual Conversations and thus relinquish your rights in that Shared Content is permanent and cannot be reversed.

If you decide to discontinue your account on DADA, your drawings will continue appearing in whatever Visual Conversations they are part of.

DADA’s Right To Use Shared Content

In the future, DADA may create products such as books, for example, which can be sold to the public. We could also sell the Shared Content to prospect buyers. For instance, a brand may want to buy a Visual Conversation for their marketing efforts. Any revenues generated by the sale of the Shared Content will be used to cover the production, distribution, promotion, sales and legal costs associated with the Shared Content. A percentage of the profits, to be determined by DADA’s sole discretion, will be assigned to DADA and to each of the contributors of the shared content.

Attribution Tools

Every drawing you create and post on DADA is attributed to you. We may implement features, labels or identifiers that attach or link “attribution” information to the Content – in other words, that identify the creator or creators or the Content, such as through a profile card or other listing tool. To the extent that we implement these features, you agree that you will not disable them, and that you will honor and respect them, including where you have exported the Content to another platform or used the Content for another purpose (whether in an online, physical or other environment).

DADA’s Assistance With Addressing Alleged Violations

If you think someone has violated these Terms or your intellectual property rights, you understand that while you may decide to enforce your rights through proper legal methods, these Terms don’t require DADA to assist you in any particular way, to remove any Shared Content at your request, to take action forcing them to attribute your work to you or to take any particular action against an alleged offender.

DADA Content: Our Intellectual Property Rights

All aspects of the Services that are not Content are owned by DADA, and we own all right, title and intellectual property in that content (“DADA Content”). This includes the selection, compilation, arrangement, interfaces and presentation of all materials in the Services, and the overall design of the Services are copyrighted by us, and are protected by US and international laws. Use of DADA Content without our express prior written permission is strictly prohibited. Shared Content is DADA content; we own the Shared Content, but allow users to make it available through the Service. The Shared Content is likewise subject to the DMCA Policy, below. DADA.nyc, DADA, and the DADA logos are trademarks or registered trademarks of ShowOpp, Inc., in the United States and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.

System Requirements

In order to use our mobile Services, you’re required to have a compatible tablet, wireless access, and the necessary minimum specifications (“Software Requirements”). The current Hardware and Software Requirements for the Services are as follows: Apple iOS iPad devices running iOS 8.0 or above, or such more advanced hardware and operating system as may be described in the iTunes App Store page for the App. This may be updated in later product versions. The current version of the App software may be upgraded from time to time to add support for new functions and services. Certain features, and certain compatible products have more stringent hardware and software requirements.

We’re not liable or responsible for any defects or non-compatibilities between our Services and your device, and we can’t, and don’t, make any representation that our Services will work to any particular degree of functionality or efficiency with any particular device.

Free of Charge

The App is currently free to install, and offers free functionality. We reserve the right to impose fees for any aspect of the Services in the future.

Account Registration, User Name and Password

You must establish an “Account” to use DADA. Creating an Account on DADA allows us to save and give you attribution for the content you create on our Services. When you do this, you’re required to provide us with certain personal information (“Registration Data”) for purposes of security, verification or other customer management purposes. You agree to provide accurate, current and complete Registration Data and to use Account management tools we may provide to keep your Registration Data accurate, current and complete.

You are responsible for any activity from or by your Account, so you should not share your password, and you should protect it carefully. You agree, for your protection and validity reasons, NEVER to give your password out to another person except an administrator. You also agree NEVER to use another person’s account for any reason.If you think your Account has been breached or taken over by another person, it’s your responsibility to contact us immediately.

You have the ability, when you register, to choose your username. We advise that you keep the name appropriate. We recommend that you use your actual name so that attribution to your Content is accurate.

After you register and login to this App, you will be able to complete a detailed profile (“Portrait”). It is your responsibility to present appropriate and accurate information. Any information DADA or its staff determines to be inaccurate, inappropriate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.
Note that, with each post, your IP address is recorded. This IP address will be used in the event that you need to be banned from this App or your ISP contacted and will only happen in the event of a major violation of this agreement.

No “Bots” or “Scraping” or Other Unauthorized Use

You may not use automated means, such as automated software, devices, scripts, bots or other similar means to access DADA, to remove or disaggregate content from DADA, or to use any other aspect of the Services. You also may not access DADA via any such means described above, for purposes of monitoring DADA’s availability, performance, functionality, or for any competitive purpose.

DADA Rules and Community Guidelines

DADA is designed to help people collaborate and converse with each other through drawings; as such, we have some ground rules which you must adhere to when using DADA. You agree to follow our Community Guidelines.

We Are Not Liable For Our Users’ Content or Actions

As DADA is a platform for you and others to express ideas and creativity, you agree that we are not liable for – and do not endorse, warrant or have any obligation to review – any particular user’s content. We strive to make DADA a safe, positive and healthy community for all users.

You agree, through your use of this App, that you will not create or post any material which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, or is otherwise in violation of any International, or United States Federal law. You also agree not to post any copyrighted material unless you own the copyright or have written consent from the owner of the copyrighted material.

DADA and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that in DADA judgment does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. DADA is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such material, including any Content or part thereof, or other communication to DADA. You agree to immediately notify DADA of any unauthorized use of the Service or any other breach of security that you know or suspect.

You remain solely responsible for the content of your drawings and comments. Furthermore, you agree to indemnify, and hold harmless the owners of this App, any related websites to this App, its staff and its subsidiaries. DADA reserves the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this App.

If you object to any Shared Content, you may contact us at support@dada.nyc to alert a moderator.

Privacy Policy

You consent to our collection and other handling of information as described in the Privacy Policy available here. You agree to submit only accurate information and to keep it up-to-date.

We will communicate with you via email, sent to the email address you provide to us. We may also communicate with you via push notifications. Some communications, such as emails informing you of new features, may be unsubscribed to by using the unsubscribe link in the email. You can manage your notification preferences in your Portrait.

Canceling your Account

Because we need to preserve the integrity of the Visual Conversations in which you may participate, currently you cannot cancel your Account or request to delete any Content you have created and posted on DADA. However, you may request to deactivate your Account by sending an email to support@dada.nyc.

Disclaimer of Warranties

The App and services are provided “as is,” “where is” and “as available,” without warranty of any kind, either express or implied. Without limitation of the foregoing, DADA and its affiliates, officers, directors, employees, representatives, successors and assigns, specifically disclaim any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content of the web site or services; and (ii) any warranties of title, non-infringement, merchantability, security, or fitness for a particular purpose.

This disclaimer of liability applies to any damages or injury caused by the App, including without limitation as a result of (1) any error, omission, deletion or defect in the content, or (2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action.

DADA does not warrant or guarantee (1) that any portion of the Services will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; or (2) that access to the Services will be uninterrupted or error-free.

DADA does not warrant or make any representations regarding the use or the results of the use of the materials in this App. You (rather than DADA or any of its agents) assume the entire cost of all necessary servicing, repair or correction.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

In no event will DADA, its sponsors, affiliates, officers, directors, employees, representatives, successors and assigns, be liable to any party (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the availability, use, reliance on, or inability to use the App, even if DADA or its agents shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the App. Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, you agree to waive and discharge all claims, release DADA from all liability and indemnify and hold harmless DADA, its subsidiaries, affiliates, parent company, officers, agents, and other partners and employees, from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any events or activities. You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators and assigns, and includes any minors accompanying the user.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, DADA’s liability shall be limited to the extent permitted by law.

Applicable laws/Jurisdiction

You agree to comply with all local rules and laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or any other country in which you reside.

Notwithstanding local rules or laws regarding your use of the App, you agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these terms and conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with DADA or relating in any way to your use of the site shall be in the federal or state courts located in New York County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving DADA or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.

We operate the site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Discontinuation of Services

DADA and other Services exist only so long as we make them available, and all aspects of the Services, including how or whether we make available the Content or Shared Content, are subject to change or elimination without prior notice to you. We have the right to limit access to or eliminate any features or functionality of the Services in our discretion, or to impose fees for such features or functionality, including new features at any time. We may (but we’re not required to) remove any Content or Shared Content from our Services for any reason we deem appropriate, including if we deem it potentially illegal or violative of any right, these Terms, our Community Guidelines, or otherwise inappropriate for the Services.

Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents (all “Company Indemnified Parties”), from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services or out of your Account, including but not limited to your violation of these Terms. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

Right to Terminate

We may at any time decide to alter, amend, modify, or terminate the Services, any functionality or portion of them and you understand that there is no guarantee that the Services (or any portion or functionality of them) will continue to operate or be available for any particular period of time. We may terminate your Account at any time if (in our sole discretion) we think you have violated these Terms, any law, or any right held by any other user or third party.

Disputes

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of New York.

Miscellaneous

Any inquiries concerning these terms and conditions of use should be directed to us through our contact form. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. DADA may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us at info@dada.nyc.

Additional Terms and Disclaimers Regarding Apple, Inc.

The following shall apply in connection with the Application:

Both you and DADA acknowledge that these Terms are concluded between you and DADA only, and not with Apple, and that Apple is not responsible for the Application or the Content;

The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

You will only use the Application in connection with an Apple device that you own or control;

You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple of such failure; upon notification, to the maximum extent permitted by applicable law, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application, and Apple shall have no other warranty obligation whatsoever with respect to the Application and shall have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty;

For example, you acknowledge and agree that Apple is not responsible for addressing any claims you or any third party may have in relation to the Application, including but not limited to (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;

You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such infringement claim;

In connection with your use of the Application, you agree to comply with any applicable third party terms of agreement which may affect or be affected by such use, including the Apple App Store Terms of Service; and

Both you and DADA acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

Compliance with Export Laws

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

This is the Entire Agreement

These Terms are the full agreement between you and us regarding the Services, and it supersedes any other written or oral terms that you may have seen, or that may have been exchanged between us. There are no third party beneficiaries to this Agreement other than those explicitly identified as such in this Agreement.

We May Revise This Agreement

If we make material changes to these terms, we’ll let you know either through the site (by publicly posting the updated copy) or via email (at the email address you provide), and provide a reasonable notice period (such as thirty days) before the changes go into effect. If you do not agree to those changes, you should let us know by email at info@dada.nyc within the notice period, you should not log back into your account, and you should otherwise stop using the Services.

Contact

You may contact us at info@dada.nyc.

 

 

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