TERMS OF SERVICE
Last Updated: Aug 1, 2018
These terms of service ("Terms") apply to your access and use of the Apps (the "Apps") developed by Dumpling Sandwich Software Inc ("DS"). Please read them carefully.
## Accepting these Terms
If you access or use the Apps, it means you agree to be bound by all of the terms below. So, before you use the Apps, please read all of the terms. If you don't agree to all of the terms below, please do not use the Apps.
## Changes to these Terms
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.
Whenever we make changes to these Terms, the changes are effective after we post such revised Terms on our website. It is your responsibility to check for changes to these Terms. If you continue to use the Apps after the revised Terms go into effect, then you have accepted the changes to these Terms.
## Privacy Policy
For information about how we collect and use information about users of the Apps, please check out our privacy policy
## Third-Party Apps
From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Apps may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.
## Your Content & Conduct
You may not post, link and otherwise make available on or through the Apps any of the following:
* Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
* Content that is illegal or unlawful, that would otherwise create liability;
* Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
* Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
* Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
* Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with the Apps or other users:
* Use the Apps in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Apps or that could damage, disable, overburden or impair the functioning of the Apps;
* Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
* Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Apps;
* Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Apps, users of the Apps, or third parties.
## DS Apps Materials
We put a lot of effort into creating the Apps including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by copyright laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) modifying or otherwise making any derivative uses of the Apps or any portion thereof; (ii) reverse engineering or accessing the Apps in order to build a competitive product or service; (iii) using the Apps other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Apps.
## Hyperlinks and Third Party Content
You may create a hyperlink to the Apps. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
DS makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Apps or websites linking to the Apps. When you leave the Apps, you should be aware that these Terms and our policies no longer govern.
If there is any content on the Apps from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Apps. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
## Unavoidable Legal Stuff
THE APPS AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPS ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APPS AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPS WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL DS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE APPS OR ANY OTHER APPS AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Apps or the use of the Apps by any person using your account, including any claim that your use of the Apps violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
## Jurisdiction
The courts for DS’s registered office shall have exclusive jurisdiction over all disputes under and related to these Terms. Any action or proceeding arising from or relating to these Terms must be brought in the court for DS's registered office, and each party irrevocably submits to the jurisdiction and venue of such court in any such action or proceeding. The prevailing party in any action arising out of this Agreement shall be entitled to an award of its costs and attorneys’ fees. This Agreement may be amended only by a writing executed by DS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
## Termination
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Apps.
## Entire Agreement
These Terms constitute the entire agreement between you and DS regarding the use of the Apps, superseding any prior agreements between you and DS relating to your use of the Apps.
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