These Terms of Service (“Terms”) govern your access to and use of the myPosterity app (the “App”) and related services (the app, website, and the services collectively, the “Services”) offered by dopplet, Inc. (“dopplet”) (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. myPosterity is the app and website, (Service) and dopplet, inc. is the parent company. By accessing or using the Service you agree to be bound by these Terms.
dopplet may, in its sole discretion, modify or update these Terms and/or the revenue model from time to time without prior notice to you, and you agree to be bound by all such modifications and updates. dopplet may also modify, add to, delete, and/or discontinue any or all parts of the Service without prior notice.
The Services allow you to interact with others in two capacities:
“Answerer” – You are an “Answerer” if and when your use of the Services involves you posting video or audio answers on the Service.
“Asker” – You are an asker if and when you download the App. Your use of the Services involves you interacting with Answerers by viewing profiles and answers, and submitting new questions.
Use of the Service
You may use the Service only if you form a binding contract with dopplet, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on myPosterity.
We may decide at any time to charge you for use of the Service or to change the fees that we charge for the Service. We also may charge different rates to different categories of users based on the level of Services accessible to them (e.g. basic service vs. a premium service). We will provide you notice of any changes. Your use of the Services after any such change will be deemed your agreement to pay the charges applicable to your use of the Services.
“Content” means any information, text, video, audio, images, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
Content and Use Rights
By submitting, posting or displaying Content on or through the Service or by using the Service, you grant dopplet and users of the Services the following rights:
Dopplet will publish, transmit, display and distribute your Content solely through the App to other users of the Service, (whom you control) and for the purpose of providing and improving the Service;
You grant dopplet and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to analyze and interpret your Content and to extract any and all information contained in your Content (“Extractions”) and to use, copy, reproduce, process, adapt, further analyze and interpret, modify, create derivative works from or with, publish, transmit, display and distribute Extractions in any and all media or distribution methods (now known or later developed) without any obligation to acknowledge authorship or ownership, which includes the right to combine Extractions based on your Content with other Extractions. This right, however, does not include the right for dopplet or its affiliates to make exact copies of any videos that you submit to the App or to distribute that video beyond of the Services. You grant all other users of the Service a non-exclusive, royalty-free right to view your Content, use any information you provide in such Content and share your Content through the App with all other users of the Services. However, if you have restricted access to any Content you submit, post or display to certain users of the Services in your App settings, then the only users with the right to access and share your Content will be permitted to do so; Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant dopplet the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personal information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. dopplet reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
dopplet's Licenses to You
Subject to these Terms, to the extent permitted by the terms of your subscription, you may not re-post any of the Content on the App unless as an Asker or Answerer, you are the sole owner of the content.
You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by dopplet, or any dopplet user of you or your use of the work, without the separate, express prior written permission of dopplet or the dopplet user.
Subject to these Terms, dopplet gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by dopplet.
Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will dopplet be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished to other users within the app and if you do not have the right to submit Content for such use, it may subject you to liability. dopplet will not be responsible or liable for any use of your Content by dopplet in accordance with these Terms.We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information if we believed in good faith that it is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or governmental request (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users (such as these Terms), including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of dopplet, its users and the public.
You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the "Your License to dopplet" section of these terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, dopplet's computer systems, or the technical delivery systems of dopplet's providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by dopplet (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with dopplet (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of dopplet except as permitted by these Terms is expressly prohibited); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
We may make available one or more APIs for interacting with the Service. Your use of any dopplet API is subject to these terms and the dopplet API Rules, which will be posted before we make these APIs available (as part of these Terms).
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of dopplet and its licensors. The Service is protected by copyright, patents, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the dopplet name or any of the dopplet trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by dopplet on the Service are subject to change. In consideration for dopplet granting you access to and use of the Service, you agree that dopplet and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
dopplet respects the intellectual property rights of others and dopplet asks its users to do the same. If you are a copyright owner or an agent thereof and believe that any of the Content or other content or material infringes upon your copyrights, you may submit a notification to dopplet pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing dopplet’s Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3):
(a.i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(a.ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
(a.iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(a.iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
(a.v) A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(a.vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
dopplet’s designated Copyright Agent for receiving notifications of claimed infringement is:
69B Monroe Ave.
Pittsford, NY 14534
Attention: Laura Odorczyk
Via email to: email@example.com
In accordance with the DMCA and other applicable law, dopplet has adopted a policy of terminating, in appropriate circumstances and at dopplet’s sole discretion, users who are deemed to be repeat infringers. dopplet may also, in dopplet’s sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, regardless of whether there is any repeat infringement.
The Service may contain links to other websites that have their own separate terms and conditions and privacy policies. The terms and conditions and privacy policies of such websites govern your use of the services offered on those websites. dopplet has no control over and assumes no responsibility for, the content, policies, or practices of any third-party website. You acknowledge and agree that dopplet is not responsible for the availability of any such external sites, and does not endorse any advertising, products, or other materials on or available from such websites. By using the Services, you relieve dopplet from any and all liability arising from your use of any third-party websites.
Third Party Beneficiaries -- Contributions
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DOPPLET IS NOT RESPONSIBLE FOR THE UNAVAILABILITY OF THE SERVICES OR UNAVAILABILITY OF THE SERVICE. WE TAKE NO RESPONSIBILITY FOR AND DO NOT MAKE ANY WARRANTIES WITH RESPECT TO ANY INFORMATION OR ADVICE YOU RECEIVE FROM OR THROUGH THE SITE. YOU RELY ON SUCH INFORMATION OR ADVICE AT YOUR OWN RISK. SPECIFICALLY, DOPPLET MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (D) THAT DEFECTS IN THE QUALITY, OPERATION, OR FUNCTIONALITY OF ANY OF THE SERVICE PURCHASED OR OBTAINED BY YOU WILL MEET YOUR REQUIREMENTS.
DOPPLET FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
THE LIMITATIONS ON DOPPLET’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER DOPPLET HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You shall indemnify, defend, and hold harmless dopplet (and its officers, directors, members managers, agents, and employees) from any costs, expenses, claims, damages, losses, liabilities, and demands, including reasonable attorneys’ fees, arising out of your use of and access to the Service, breach or violation of these Terms, or your violation of any law or the rights of any third-party.
Open Source Licenses
The dopplet Service and Applications may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms and/or in the dopplet application’s documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. You agree that no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
You may not assign your rights under these Terms, but dopplet may assign its rights in these Terms without restriction.
Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (the “AAA”). The arbitration will take place in the state of New York. You and dopplet shall select jointly one arbitrator from a panel of arbitrators submitted to the Parties by AAA who have, to the fullest extent possible, experience with and knowledge of the relevant industry. If the Parties are unable to select jointly an arbitrator, the AAA shall appoint the arbitrator. The arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. You and dopplet agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. 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. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
You and DOPPLET agree that any cause of action against DOPPLET arising out of your use of or relating to the Services must be commenced within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If any provision of these Terms is held invalid or unenforceable by a competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of these Terms will not affect its other provisions and these Terms will be construed in all respects as if the invalid or unenforceable provision were omitted.
Please report any violations of these Terms to dopplet’s support staff immediately.