DAOGRAM Terms of Use

ARROUND INC. LTD

Vertion 2.3 | Created: December 20, 2022

Welcome to DAOGRAM!

These Terms of Use set forth the Agreement between you and ARROUND INC. LTD ("we" or "us") regarding your use of our web service and mobile applications, specifically including each DAOGRAM network that you create or join (collectively, the "Service"). Please read this Agreement as it contains important information about your content (which you own), how information is shared between Hosts and Members, our limitation of liability to you, and your agreement to resolve any disputes through individual arbitration.

If you cannot agree to these Terms of Use, do not use the Service.

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.

Registration

You will set up an account with each DAOGRAM Network you join and participate in. When you set up a profile with any DAOGRAM Network, we treat registration information according to our Privacy Policy . Your name and contact information will be made available to your Host. You are responsible for maintaining the confidentiality of your password.

Privacy
Our privacy practices are set forth in our Privacy Policy , which is part of this Agreement. By joining DAOGRAM, you are sharing personally identifiable information with your Host, other Members, and us.

Acceptable Use

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 info@daogram.world .

Termination

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.

Feedback

We welcome your feedback and suggestions about how to improve DAOGRAM. Submit feedback at  info@daogram.world . By submitting feedback, you agree to grant us the right to use it for free.

Your Content

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.

In legalese: In connection with your use of the Service, you hereby grant and will grant ARROUND INC. LTD and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Service in any form, medium or technology now known or later developed, including publication and use on any Integrated Services (as defined below). This license includes the right for us to make Your Content available and sublicense rights to other entities and individuals who partner with us in the delivery of the Service, including the right of the Host of your DAOGRAM to move Your Content to another platform. If you join a Network that is Paid, Private or Secret, rather than Public, only we, your Host and Members who are invited to join that Network will be able to see Your Content that you post on that Network. ARROUND INC. LTD may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ARROUND INC. LTD, its Users and the public. The technical processing and transmission of Your Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.

Your Data

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.

Acceptable Use

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 .

Service Materials

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.

Integrated Services

You may enable various online services to be integrated into your DAOGRAM Host or Member account or DAOGRAM (“Integrated Services”). For example, you may be able to share or access your DAOGRAM activity on Integrated Services. To take advantage of these features, we may ask you to register for or log into the Integrated Services on the websites of their providers. By enabling Integrated Services in connection with the Service, you are allowing us to pass to, and receive from, these Integrated Services your login information and other Data for use in connection with the Service and/or the Integrated Services. For more information about the implications of activating these Integrated Services and our use, storage, and disclosure of information related to you and your use of such services within DAOGRAM (including your friend lists and the like), please see our Privacy Policy. However, please remember that your use of any Integrated Services, and the manner in which any Integrated Services offer or perform their services and collect, use, store, and disclose your information is governed solely by the terms of use, privacy policies, and other policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Services or any other third party site or service, whether or not they are directly enabled within the Service.

Premium Services

Fees

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.

Indemnification

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

We hope that our customer success team can resolve any issues you may have. However, if that does not work, then both parties agree to resolve any dispute arising out of these terms exclusively by individual, binding arbitration. The term “dispute” is to be given the broadest possible meaning that will be enforced, and will include disputes related to your use of the Service, this Agreement (including the scope of this provision), regardless of whether such disputes are based in contract, tort, statute, fraud, unfair competition, or some other legal theory. Disputes regarding privacy shall be resolved by the mechanisms outlined in our Privacy Policy.