Terms and Conditions - DubiDo Factory

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Terms and Conditions

V.1 Last updated: January 1st, 2024

You can see previous Terms here

Website Terms of Use

Dubidofactory.com

The following terms and conditions (these “Terms“) govern your access to and use of the websites of Dubido Factory USA Inc., a company registered in Arizona and its affiliates (collectively, “Dubido,” “our,” “we,” or “us“) located at www.dubidofactory.com (together with any sub-domains thereto, and future websites the Dubido operates), including any content, functionality, accounts, and services offered on or through such website (collectively, the “Website”), whether as a guest or a registered user.

THE WEBSITE IS INTENDED FOR AND DIRECTED TO RESIDENTS OF THE UNITED STATES.

Please read these Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms, our Privacy Policy, and our Cookie Notice (each of which is incorporated herein by reference) and all applicable laws and regulations.

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE WEBSITE. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE GOVERNING LAW/JURISDICTION AND MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS SECTION BELOW. PLEASE READ CAREFULLY.

Website Use

Dubido grants you a personal, non-exclusive right to use the Website for individual transactions on the Website. We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to you. The Website remains the sole property of Dubido or its third-party licensors or providers. The Website is protected by copyright, trademark, and other U.S. and foreign laws. These Terms do not grant you any right, title, or interest in the Website or Dubido trademarks, logos, or other brand features.

Eligibility

Persons using the Website represent and warrant that as a condition of use that they are (i) 18 years of age or older or (ii) if under 18, have parental permission to access materials and are over 13 years of age. You also represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If any applicable law, rule, or regulation prohibits you from accessing the Website, you may not access it.

Permitted Use

You may only use the Website for lawful purposes and in accordance with these Terms. All commercial and/or unauthorized use of the Website is strictly prohibited. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Dubido, a Dubido employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or that, as determined by us, may harm Dubido or users of the Website.
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Otherwise attempt to interfere with the proper working of the Website.

Accounts

The Website contains certain areas and contents that are accessible to all persons and contains areas that may be accessed by valid, active account holders after login with assigned username and password credentials through a personal user account (“Account”). You shall provide accurate, complete, and current Account information and, as applicable, timely update the same. You are solely responsible for the activity that occurs on the Account and for keeping your Account credentials secure. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You shall remain solely responsible for the activity arising out of any failure to keep your Account details confidential and notify Dubido promptly of any breach of security or any known unauthorized use of the Account. Notwithstanding deletion of the Account, Dubido may retain your data as reasonably necessary for compliance with applicable law. You agree that all information you provide to register with the Website or otherwise is governed by our      Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Making Purchases

You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. Dubido may at any time, without notice or upon notice as required by applicable law, change the prices of any of its offerings, institute news charges or fees, or change the conditions associated with particular fees.

To make any purchases from the Website, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Alternatively, you may contact sales at orders@dubidofactory.com.  

All prices advertised are subject to such changes and, unless otherwise indicated, are in US Dollars. Your order is confirmed when we send you a confirmation, in the form of a confirmation page or email (“Order Confirmation”). If you do not receive an Order Confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your account whether your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, delivery, payment, or any other process or if we are no longer able to verify or authorize your credit card or bank account information, your order may be canceled, we may refuse to honor all pending and future purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Website.

While we try to ensure that all details, descriptions, and prices that appear on the Website are accurate, errors might occur. If we discover an error in the price of any goods that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled. If your order is canceled and you have already paid, you will receive a full refund.

Shipping

All products purchased through the Website are made pursuant to a shipment contract and therefore delivered to shipment carriers. As a result, risk of loss and title for the products pass to you upon our delivery of the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Please see our Shipping Policy for more information, which is included as part of these Terms.

Refunds

Refunds are only allowed in limited circumstances, as explained in our Refund Policy, which is included as part of these Terms) will govern your all refunds of purchases you make through the Website. We may impose conditions on your use of any coupon, promotional code, credit, or gift card. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Website.

User Submissions

The Website may permit you to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website messages, text, illustrations, files, images, graphics, comments, sounds, music, and data (“User Submissions”). You understand that whether such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions, other than as set forth in our Privacy Policy. You shall be solely responsible for your User Submissions and the consequences of submitting them to us through the Website and our use of them for our products and services, including, but not limited to, any and all claims related to copyright or other intellectual property infringement claims. We are not obligated to create or maintain a copy of any User Submission and have complete discretion whether to publish your User Submissions. We reserve the right, in our sole discretion and without further notice to you, to monitor, censor, edit, delete, and/or remove any User Submissions at any time and for any reason and do not accept any responsibility for any such edit, deletion, or removal.

Each time you submit any User Submission, you represent and warrant that you are at least the age of majority in the state in which you reside or are the parent or legal guardian of any minor who is depicted in or contributed to any User Submission you submit, and that, as to that User Submission (i) you are the sole author and owner of all the intellectual property rights and other rights to the User Submission or you have a lawful right to submit the User Submission and grant Dubido the rights to it that you are granting by these Terms, all without any Dubido obligation to obtain consent of any third party and without creating any obligation or liability of Dubido for compensation or otherwise; (ii) the User Submission does not and, as to Dubido’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (iii) the User Submission will not violate these Terms. Other than as expressly set forth in these Terms, you retain all other ownership rights in and to your User Submissions.

Do not submit any User Submission that belongs to other people and pass it off as your own, including any content that you might have found elsewhere on the Internet. If anyone contributes to any of your User Submissions or has any rights to any of your User Submissions or if anyone appears in the User Submissions, then you must also have their permission to submit such User Submission to Dubido.

By submitting the User Submissions to Dubido, you hereby grant Dubido a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, fully sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Dubido’s business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any channels and, and you hereby waive any moral rights in your User Submissions to the extent permitted by applicable law. You also hereby grant each user of the Website or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.

You agree that you will not display, post, submit, publish, upload, or transmit any User Submission that: (i) is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights; (ii) is unfair or deceptive under the consumer protection laws of any jurisdiction; (iii) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially, or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (iv) involves theft or terrorism; or (v) is otherwise malicious or fraudulent.

Feedback; Content

You can submit to Dubido via the Website or otherwise questions, comments, suggestions, and ideas (“Feedback“). Any Feedback you provide to us shall be deemed to be non-confidential and non-proprietary, and, accordingly, Dubido shall be free to use such information on an unrestricted basis.

You agree that you will not upload to or post anywhere on the Website any of the following prohibited content:

  • Confidential information or other information that you do not have the right to disclose (whether under contractual obligation or otherwise).
  • Content that might be misleading or deceptive.
  • Advertising, marketing, or promotional material or other unauthorized commercial communications.
  • Content that you do not have the right to post or otherwise transmit, such as content that is protected by copyright, trademark, or any other proprietary right (unless you have express, written permission from the owner and, where applicable, include appropriate acknowledgement).
  • Content that contains a virus or other harmful or potentially harmful code.
  • Content that defames, harasses, or threaten others.
  • Content that contains obscene, profane, violent, sexually explicit, or offensive language or images.
  • Content that is unlawful.

Monitoring and Enforcement

We have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

We do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Data Protection and Privacy

Please review the Dubido Privacy Policy, which govern collection, use, and disclosure of your personal information, including all data associated with your use of the Website.

Digital Millennium Copyright Act Notice

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act and work to ensure that content on the Website or as part of our products does not infringe upon copyrights of third parties. If you believe that your copyrights have been infringed, please notify our DMCA designated agent as follows:

  • A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner that is allegedly infringed;
  • A description of the work that you claim has been infringed and a description of the infringing activity;
  • A description of where the material that you claim is infringing is located, such as the URL where it is posted;
  • Your name, address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Dubido’s copyright agent for notice of claims of copyright infringement can be reached as follows.

Address:   DubiDo Factory USA Inc.

                 Attention: Oded Yavor, DMCA Agent

                 1140 W. Alameda Drive, Suite 2

                 Tempe, AZ 85282

Email: Support@DubiDoFactory.com

It is often difficult to determine if your copyright has been infringed. Dubido may elect to not respond to DMCA Notices that do not substantially comply with the foregoing requirements, and Dubido may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work.

Disclaimer

We strive to provide great Website and professional service, but there are certain things that we can’t guarantee. WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. DUBIDO AND ITS THIRD-PARTY LICENSORS OR PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS.

DUBIDO AND THIRD-PARTY LICENSORS OR PROVIDERS MAKE NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS ON THE WEBSITE WILL BE CORRECTED. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY, OR SUITABILITY OF THE WEBSITE. THE WEBSITE MAY BE INCOMPLETE OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE WEBSITE.

Some jurisdictions do not allow the disclaimer of implied warranties, so a portion of the foregoing may not apply to you, in which case the duration of any such implied warranties is limited to the minimum period permissible under applicable law.

Limitation of Liability

NEITHER DUBIDO NOR ANYONE ELSE CONNECTED WITH THE WEBSITE IN ANY WAY CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR THIRD-PARTY LICENSORS OR PROVIDERS (OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS) ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. DUBIDO SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF ANY MATERIAL LINKED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DUBIDO OR OUR THIRD-PARTY LICENSORS OR PROVIDERS (OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE EXCEED $100. THE LIMITATIONS SET FORTH IN THESE TERMS WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, OR INTENTIONAL, MALICIOUS MISCONDUCT.

Indemnification

You agree to indemnify and hold Dubido and its officers, directors, employees, agents, and contractors harmless from and against all liability, losses, claims, demands, or costs of any kind, including reasonable attorneys’ fees and costs of litigation, arising from your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

Third-Party Vendors

Your correspondence or business dealings with, or participation in promotions of, third-party vendors found on or through the Website are solely between you and such advertiser or third-party vendor. Any question, complaints, or claims should be directed to the appropriate third-party vendor. You agree that Dubido shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party vendors on the Website.

Links

The Website may provide links to other websites. Because we have no control over such sites, you acknowledge and agree that Dubido is not responsible for the availability of such external sites and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further acknowledge and agree that Dubido shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or products available on or through any such linked site. You should follow the link to the terms of use on the appropriate page for such sites to determine which company’s terms of use governs such sites.

Force Majeure

Dubido will not be liable for any failure of performance to the extent such failure is due to any cause or causes beyond Dubido’ reasonable control, including acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, acts of terrorism, strikes and similar labor difficulties, war, sabotage, pandemic, internet-access issues, denial of service attacks, shortage or unavailability of supplies, and other mechanical, electronic, or communications failures or degradation. Dubido’ invocation of this clause will not relieve you of your obligation to pay any fees owed to Dubido.

Governing Law/Jurisdiction and Arbitration/ Waiver of Class Actions

These Terms and the interpretation of these Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, or the Uniform Computer Information Transactions Act (UCITA). Any cause of action or claim you might have with respect to these terms must be commenced within one (1) year after such claim or cause of action arises or shall be deemed waived.

EXCEPT WITH RESPECT TO THE PROTECTION AND ENFORCEMENT OF DUBIDO’S INTELLECTUAL PROPERTY RIGHTS, ANY CLAIM, CAUSE OF ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE RESOLVED BY MANDATORY, BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA“). THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK, NEW YORK, AND THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION.

EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY AND ALL RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. ALL CLAIMS AND DISPUTES ARISING OUT OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.

Severability; English Language

If any provision in these Terms should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from these Terms if no such modification is possible, and the other provisions of these Terms shall remain in full force and effect. The controlling language of these Terms is English. If you have received a translation into another language, it has been provided for your convenience only.

Modifications

We retain the right, at our sole discretion, to modify these Terms at any time. Whenever we modify these Terms in substance, we will post the revised statement here, with an updated revision date. If we make significant changes to these Terms, we may also notify you by other means, such as sending an email or posting a notice on the Website prior to the changes taking effect. Please make sure you read the updated Terms before using the Website.

If any portion of these Terms is unacceptable to you or will cause you to no longer comply with these Terms, you should discontinue use the Website. Your use of the Website now or following changes in these Terms means that you have accepted and are bound by the changes. It is therefore important that you check the current version available from time to time and ensure you are updated as to any changes.

Entire Agreement

These Terms (including the Privacy Policy and Cookie Notice) constitute the entire agreement between you and Dubido with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our rights under these Terms in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

If you have any questions about these Terms, please contact support@dubidofactory.com.

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