ARROUND INC. LTD
Vertion 2.3 | Created: December 20, 2022
Welcome to DAOGRAM!
Using the Service
How It Works
Our service enables people to create or participate in a community, online courses, events, and subscriptions dedicated to an interest, passion, identity (“DAOGRAM”) for free or for a fee. People who create DAOGRAM (“Hosts”), do so to invite in people (“Members”) to connect with each other, to message, and to exchange information and content. Hosts tailor their DAOGRAM, by adding their own branding, choosing which features they enable, the Members they invite, and the activities they organize in their DAOGRAM.
When you create or join any DAOGRAM, you agree to follow the DAOGRAM Acceptable Use Policy at all times. We reserve the right, but have no obligation or liability for, monitoring any interactions with other Members or Hosts of the Service. You may submit a complaint or concern about another Member or Host to firstname.lastname@example.org .
You may close your Host or Member account at any time by going to account settings and disabling your account. We may terminate your account if you violate the DAOGRAM Acceptable Use Policy or for any other reason. We may suspend your use of the Service or the Service at any time for any reason, without any notice.
We welcome your feedback and suggestions about how to improve DAOGRAM. Submit feedback at email@example.com . By submitting feedback, you agree to grant us the right to use it for free.
You keep complete ownership of all content and activity in your DAOGRAM. You give us permission to run your DAOGRAM, such that content, data, and activity shows up. Make sure you have permission to use content that you post on DAOGRAM.
All material that you upload, publish or display to others via DAOGRAM is “Your Content,” unless provided for otherwise by the Host. The Service enables you to add posts, articles, photos, videos, questions, polls, links, files, events, groups, and chat with other Members. The Service also allows you, if you are a Host, to create a personalized name for your DAOGRAM (“Your Network Name”), which will appear in a subdomain accessible directly to visitors and Members (e.g. Your Network Name.mn.co). If you are Host, Your Content also includes Your Network Name. Material that a Member uploads, publishes, or displays to others via a DAOGRAM is “User Generated Content”. Your Content, including User Generated Content, does not include Your Data (defined below).
You (and the people you license Your Content from) keep complete ownership of all Your Content. By posting Your Content on the Service, you grant us a license to show it on your DAOGRAM, but you and your licensors still own it.
If you are a Host, you own the list of Member emails and contact information (“Membership List”) and grant us the license to use it to provide the Service. If you are a Host, you also own data or insights (“Your Data”) that: i) you collect during your use of the Service, or ii) we provide you through the DAOGRAM dashboard and you export or download during the term.
You agree to follow the DAOGRAM Acceptable Use Policy . If you are a Host, you agree to respect commitments made to Members of your DAOGRAM about use of the Membership List. You accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content. We are not obligated, but reserve the right, to remove or suspend, in whole or part, Your Content that violates the DAOGRAM Acceptable Use Policy .
All right, title, and interest in the Service, including the DAOGRAM buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, Your Data, third-party web services or third-party content linked to or posted within the Service) (collectively “Service Materials”) are the property of ARROUND INC. LTD and/or its licensors. The DAOGRAM name and logo, the DAOGRAM mark, the DAOGRAM logo are trademarks and service marks of DAOGRAM. We retain all right, title, and interest in and to the Service Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Service Materials without our express written permission.
Our Licenses to You.
Subject to these terms, including our DAOGRAM Acceptable Use Policy , we grant you a limited, non-exclusive license to use and access the Service Materials and the Service. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
No Endorsement or Screening.
Please note that the Service contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within DAOGRAM, or the conduct of parties who participate in DAOGRAM.
Rights and Obligations of Hosts
Emails and Contact Information of Members
The name and contact information of Members who register to join a specific DAOGRAM become available to that DAOGRAM’s Hosts in order to facilitate communications. A Host may use the Membership List solely to communicate with a Member for purposes related to DAOGRAM or the reasonably assumed interests of the Member who has joined DAOGRAM. A Host agrees not to: i) sell the Membership List to a third-party, or ii) or use or disclose it for commercial purposes unrelated to DAOGRAM or the interest of Member who joined DAOGRAM.
Representation and Warranty of Hosts
If you are a Host, it is important for you to respect and honor the trust of Members who join the DAOGRAM you created. If you are a Host, you represent and warrant that, in your communications with Members and handling of Your Data, you: i) will comply with all applicable laws and regulations; and ii) will honor the restrictions set forth in Section 5(a). If you are a Host, you also represent and warrant that all advertising, sponsorships, and promotions you introduce to your DAOGRAM will comply with all applicable laws, regulations, and industry guidelines. If you are a Host with Members in the European Union, you represent and warrant that you have obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails.
If you select a portion of the Service for which a fee applies (“Premium Service”), you agree to pay the applicable fee when you sign up. For a Premium Service, you will be required to select a payment plan and instrument for payment. For Premium Services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.
No Refund at Termination
If you as a Host terminate your Premium Service, we will not refund any payment for your unused Premium Service.
If we terminate your Premium Service for violation of the terms of this Agreement or our policies, we will not refund any amount paid for unused Premium Service.
If you are a Member and your Host terminates your Premium Service, or you terminate your subscription yourself, your Host will decide whether to provide you with a refund.
Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ARROUND INC. LTD ENTITIES TO YOU. “ARROUND INC. ENTITIES” MEANS ARROUND INC. LTD, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
WE ARE PROVIDING YOU THE SERVICE, ALONG WITH SERVICE MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARROUND INC. LTD ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
ARROUND INC. LTD MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: CONTENT POSTED BY ANY MEMBER, HOST, OR THIRD PARTY, ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER, THE QUALITY OR CONDUCT OF ANY THIRD PARTY, HOST, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. ARROUND INC. LTD MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY DAOGRAM WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY DAOGRAM, WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY DAOGRAM, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, ARROUND INC. LTD ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT ARROUND, INC. LTD ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
WITHOUT LIMITING THE FOREGOING, ARROUND INC. LTD’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO ARRROUND INC. LTD IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to release, indemnify, and defend ARROUND INC. LTD Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other Hosts or Members of the Service, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense, and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
You also agreed to release, indemnify, and defend your Hosts and Members from all third-party claims and costs arising out or related to: i) your use of the Service, ii) Your Content, iii) your conduct or interactions with Hosts or Members, or iv) your breach of any part of this Agreement.
Dispute Resolution, Arbitration, and Class Action Waiver
The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.
Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to firstname.lastname@example.org. If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in the court of the Republic of Cyprus, and that the parties both submit to the personal jurisdiction of such courts.
This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.
If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to email@example.com that includes your actual name and DAOGRAM user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
General Legal Terms
Changes to these Terms
Governing Law and Jurisdiction
You agree that DAOGRAM is operated in the Republic of Cyprus and will be deemed to be solely based in the Republic of Cyprus and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in the Republic of Cyprus and governed by laws of the the Republic of Cyprus, without regard to any conflict of law provisions.
Use Outside of the Republic of Cyprus
ARROUND Inc. Ltd, expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the Republic of Cyprus. If you use the Service outside of the the Republic of Cyprus, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.
Applications and Mobile Devices
If you access the Service through a DAOGRAM mobile application, you acknowledge that this Agreement is between you and ARROUND INC. LTD only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
You consent to receive communications from us by email and in the DAOGRAM Service in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
Entire Agreement / Severability
This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via firstname.lastname@example.org .
This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
No waiver of any terms will be deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
Agreement to Terms
Changes to the Service
We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.