DAOU+

Terms of Use

DAOU+ Terms and Use (Oct 22, 2020)

DAOU+ TERMS OF USE

These Terms of Use (“Terms”) govern your use app.daou.com and all related websites, data, APIs, software applications (together, the “Services”).

DAOU+ operates in a changing regulatory and technological environment; accordingly DAOU+ may amend these Terms from time to time. Occasionally, DAOU+ may need to make urgent changes. DAOU+ reserves the right to amend these Terms at any time, and without notice. Continued use of the Services will constitute your acceptance of the revised Terms. The date of last modification is stated at the beginning of these Terms.


You agree that:

All communications made by you through DAOU+ shall be made in good faith; You may not damage, interfere with or harm DAOU+, or any network, or system underlying connected to it; You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Services in whole or in part; You may not copy, redistribute or display any part of DAOU+ content which infringes intellectual property rights; You may not sell, rent, or sub-license any part of the Services or the content without express permission from DAOU+; You will not provide your password to another person or use another person's email and password; You will not artificially increase ratings, reviews, counts by manipulating the Services using a script or automated process; You will not initiate unsolicited mass emails 'spam' through the Contact Form of a Merchant's profile page on DAOU+; You may not use a robot, spider, scraper or other unauthorized automated means to access the Services or information featured on it for any purpose.


Your Account:

You are not obliged to register to use DAOU+. However, access to some features is only available to registered users or paid subscribers. When you register to use the Services, you will provide your name, email address, and will choose a password for your account. You are solely responsible for maintaining the confidentiality and security of your password, and you will remain responsible for all activity emanating from your account, whether or not such activity was authorized by you. If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you must notify DAOU+ in writing, and should change your password at the earliest possible opportunity. DAOU+ reserves the right to suspend or terminate your account without prior notice if activities occur on that account which, at DAOU+'s sole discretion, constitute a violation of these Terms or a violation of the rights of any third party, or of any applicable laws or regulations. Please note that your account is subject to usage limits with respect to the Acceptable Use Policy. DAOU+ may change the features of any type of account, may withdraw, or introduce new features or types of account at any time and for any reason.

Payment:

The Gifter will make a payment using the DAOU+ payment portal. The DAOU+ payment portal utilizes the payment processor Stripe, Inc., a San Francisco limited liability corporation (the “Processor”), which is a technical service provider and may offer the services as an agent of one or more financial institutions in the United States (each, a “Financial Services Provider”). The processing and settlement of your Transactions (as defined below) (“Payment Processing”) are carried out by the Processor and any of the Financial Services Providers under a separate Stripe Connected Account Agreement, including the United States Terms of Service and the applicable Financial Services Terms (collectively, the “Processor Terms”). By accepting these Terms, you are also accepting and agreeing to be bound by the Processor Terms which are a legal agreement between each User of the DAOU+ application and the Processor.


Deleting an Account:

Deleting an account is a permanent action and removes all personal information at DAOU+. If you are a subscriber, deleting your account will cancel any paid subscription agreement before the end of its term and DAOU+ will be unable to offer a refund for any unexpired period of your subscription. Deleting an account with DAOU+ will NOT automatically cancel any recurring monthly purchase agreements you have with the Apple or Google app store.


DAOU+ Subscription:

Certain features of the Service are only available to registered users who subscribe to a paid account.

Your DAOU+ account is activated upon successful payment and a confirmation receipt will be sent by email. You agree that you are purchasing the DAOU+ for your own personal use and that you will not redistribute or transfer the service or the content.

The subscription price includes any value added tax in countries or states where digital goods are taxable. Your IP address may be used to determine your home country tax rate. If an IP address is hidden by an anonymizer or proxy DAOU+ will assume a default tax rate of 20%.

Monthly subscriptions are renewed automatically. If you purchase a subscription in an app, the terms and conditions of the app store through which you make the purchase (Apple app store or Google Play app store) will apply including the payment process, payment terms and cancellation process. To cancel a recurring payment through an app store, you must contact the appropriate app store directly and follow their subscription cancellation process. If you do not cancel you subscription prior to the commencement of a renewal period, you may be automatically charged for the next month. (Note. Deleting an account with DAOU+ will NOT automatically cancel any recurring monthly payment agreement you have with an app store).

If you cancel a subscription before the end of its term DAOU+ will be unable to offer a refund for any unexpired period of your subscription.

DAOU+ may change the prices charged for its subscription(s) from time to time. Any increase in the price of a subscription will only take effect at the next billing cycle/renewal.


User Content

Users may post, upload, or make available images, ratings, reviews, notes, and feedback ("User Content"). You are solely responsible for all of your User Content. DAOU+ stores User Content for device synchronization. Your User Content must not be illegal or harmful to others in any way. You agree that DAOU+ may, but has no obligation to or assume any duty to monitor the content for anything that is inappropriate or that might infringe any third party rights, or has otherwise been uploaded in breach of the Terms or applicable law. DAOU+ reserves the right to remove User Content, suspend or terminate your access to the Services and/or pursue all legal remedies if DAOU+ believe that any User Content breaches or infringes another person's rights or violates any law, rule or regulation. DAOU+ does not promise to remove or disable access to any specific User Content and reserves the right to remove content at its sole discretion. User Content does not and will not create any liability on the part of DAOU+. DAOU+ and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Services, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to the completeness, accuracy, currency or reliability of any information provided by the Services. By using the Services, you irrevocably waive the right to assert any claim against DAOU+.


Grant of License

By posting or uploading User Content to DAOU+you grant a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of and display the content. You also confirm that you have the right to grant this license without infringement of any third party's rights: copyrights, privacy rights, publicity rights, contract rights, or any other intellectual property rights.


Abstract Data

To the extent permitted by DAOU+'s privacy policy and any restrictions imposed by applicable law, DAOU+ reserves the right to track user interactions with the Services (“User Data”), and de-identify data to create aggregated, anonymous reports (“Abstract Data”) eg. the 'Top 100 Most Popular Gifted Wines List. You agree that all rights, title and interest in the Abstract Data shall remain the exclusive property of DAOU+, including all intellectual property rights. All rights not expressly granted by DAOU+ are reserved.


API and Data

APIs and Data are provided to you on an 'as is' and 'where is’, non-exclusive, basis. DAOU+does not warrant that it will satisfy your requirements, will be uninterrupted, be without defect or error, or that operation thereof will provide any particular level of functionality or performance. You are solely responsible for your use of API and Data and it is at your own discretion and risk. You will be solely responsible for any damage that results from the use of any API, including, but not limited to, any damage to your computer system or loss of data. You understand that DAOU+ monitors usage, and may terminate your license if misuse is detected. You will grant DAOU+ direct access to any page on which Data is being displayed. If this requires a sign in/ password, you will provide this to DAOU+ free of charge. You understand and agree that programmatic methods intended to subvert DAOU+usage monitoring is considered a violation of these Terms of Use. You agree that you will hold us harmless against any damage, liability, or costs including damages for lost data or lost profits, that you incur as a result of a mistake or error in the Data. All Data is provided to you “As Is.” You use all such Data provided by DAOU+ at your sole risk and discretion. All rights not expressly granted are reserved and DAOU+ retains the right to terminate the Service at any time for any reason.


You shall not:

Pass, Sell, lease or sub-license DAOU+ Data;
Use DAOU+ Data in a product or service that competes directly with offerings from DAOU+;
Have any authority to assume or create any obligation for or on behalf of DAOU+, express or implied.


Third Party External Services and Payment Providers

DAOU+ may provide you with access to third party websites and applications (“External Services”) to make available content or features eg. critic scores. These may have their own terms and conditions of use and privacy policies. You understand and agree that DAOU+ does not endorse and is not responsible or liable for the behavior, features, or content of any External Services or for any transaction you may enter into with the provider. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of External Services, which you use at your own risk.

We accept payment through payment processing providers Stripe Inc. You may see these names on a transaction statement when paying DAOU+ for a service. These firms respect your privacy and the collection and processing of your credit or debit card details and other personal data are governed by their terms and conditions.


Force Majeure

DAOU+ has no liability for any lack of performance, unavailability or failure of the Services where the cause is reasonably beyond the control of DAOU+

Disclaimer of Warranties.

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, APPS AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAOU+ MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICES OR ANY PART THEREOF, ANY CONTENT, OR ANY LINKED OTHER EXTERNAL SERVICES. YOU USE THE DAOU+ SERVICES AT YOUR OWN RISK. NEITHER DAOU+ NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. DAOU+ MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DAOU+SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER ADVERTISING. YOU UNDERSTAND AND AGREE THAT DAOU+ IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS. DAOU+ MAKES NO REPRESENTATION NOR DOES IT WARRANT THAT A PRODUCT LISTED IS IN STOCK, OR THAT THE PRICE OF A PRODUCT IS THE SAME AS THAT SHOWN ON DAOU+.

Limitation of Liability.

YOU AGREE THAT, TO THE FULL EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH DAOU+ SERVICES IS TO UNINSTALL ANY DAOU+ SOFTWARE AND TO STOP USING THE SERVICE. DAOU+ AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM: YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PART THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES; ANY CHANGES THAT DAOU+ MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY SUSPENSION OR BLOCKING OF ACCESS TO THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL COUNTRIES, STATES, TERRITORIES; ANY INACCURACY OR DEFECT IN ANY CONTENT IN THE SERVICES; ANY LOSS OF BUSINESS, OR PROFITS, WHETHER DIRECT OR INDIRECT IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE DAOU+ SERVICES.

Term and Termination.

This Agreement will continue to apply until terminated by either you or DAOU+. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including My Ratings and Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreement. You may terminate this Agreement at any time by sending notice in writing to DAOU+, through the form and thereafter ceasing to use the Services. DAOU+ may, at its discretion, terminate or suspend access to Services at any time without notice. If you have a Subscription, and terminate this Agreement before the end of such subscription, DAOU+ will be unable to offer any refund for any unexpired period of your Subscription.

Assignment.

These Terms are not intended to give rights to anyone except you and DAOU+. DAOU+ may assign the Agreement or any part of it, and DAOU+ may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of it, nor transfer or sub-license your rights under the Agreement, to any third party.

Indemnification.

To the fullest extent permitted by applicable law, you agree to indemnify and hold DAOU+harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: your breach of this Agreement; any activity in which you engage on or through DAOU+ Services; and your violation of any law or the rights of a third party.

If you have any questions please Contact Us.

DAOU FAMILY ESTATES
2777 Hidden Mountain Rd.
Paso Robles, CA
93446