THE DDP TERMS & CONDITIONS
Thank You For Your Interest In DDP!
PLEASE NOTE THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ANY DISPUTE, AND FURTHER CONTAIN A CLASS ACTION ARBITRATION WAIVER BY YOU. PLEASE READ SUCH PROVISIONS CAREFULLY, AND CONSIDER THEM BEFORE YOU USE OUR SERVICES.
In a nutshell: These are DDP’s Terms for your use of its products and services.
1. About Our Services
DDP helps you exercise your rights under the CCPA and discover ways to monetize your personal data. To do that, we will need to collect some basic information from you, and you will need to agree to allow us to act on your behalf (as your authorized agent) to exercise your data rights, including your right to opt-out, i.e. stop companies from collecting or using your personal data.
We will notify you of possible licensing deals for your data, as well as advise you of consumer initiatives that help our community of users.
Should you so choose, we may also act as your authorized agent to request access to or the deletion of your personal information with various businesses and organizations.
You may cancel our Services whenever you want.
Finally, as DDP is not acting as your attorney, DDP may provide your contact information to third party attorneys so that they may assist in the enforcement of your data rights; however, DDP will not do this without first obtaining your consent.
In a nutshell: DDP is here to help you get paid for your data, which will require that you give us permission to exercise your data rights under the CCPA. In addition, we will inform you of possible licensing deals and ongoing initiatives. You may cancel our Services at any time. DDP is not your attorney.
2. Limits On Using Our Services
In order to use DDP, you must form a legally binding contract with DDP, and comply with these Terms and all applicable laws. When you create your account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is not allowed. The operation of DDP’s Services may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
Subject to these Terms and our policies (including the DDP Authorized Agent Agreement), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service, which is limited to the geographic territory of the United States. This license does not give you the right to scrape from our Services.
You may not use DDP for any commercial purpose (although you may separately contact DDP to set up a business partnership).
In a nutshell: You must be at least 18 years old in order to open an account with us or to use our Service. You have a limited license to use our Services, and may not scrape from our Services or use DDP for any commercial purpose. These Terms are separate from business terms that may be set up if you were to do business with us in another instance.
3. Your Input and Content
In using our Services, you may post, comment, and respond to certain discussions regarding industry practices, licensing deals, and DDP-community initiatives (“User Content”).
In doing so, you grant DDP an unlimited, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content for the purpose of facilitating our Services. We reserve the right to remove or modify User Content, for any reason. This includes User Content that we believe violates these Terms or any other policies.
Should your account be terminated or deactivated, or in the event that you remove any User Content from DDP, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. DDP and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that was stored by other users or shared on DDP.
In a nutshell: Anything you put or do in our Services may be used by DDP to facilitate its Services in a variety of ways. We may have to keep some of it even if you delete your account.
We care about the security of our users and community. While we work to protect the security of your content and account, DDP cannot guarantee absolute security from unauthorized third parties. Please keep your password (if you do create one with us) secure and please notify us immediately of any compromise to or unauthorized use of your account.
In a nutshell: While we care about the security of our users and platform, we cannot promise foolproof security. But we will sure try, as should you!
5. Third Party Links And Sites
DDP may from time to time describe the data practices of third party organizations that use your data, and provide additional information regarding their businesses. In our content and community, there may also be links and posts that forward you to third party websites. We do not endorse or assume responsibility for any such third party websites, information, materials, products, or services. If you access a third party website, service, or content from DDP, you do so at your own risk and you agree that DDP has no liability arising from your use of or access to any third party website, service, or content.
In a nutshell: We are not responsible for third party sites and their content. Be careful when accessing them from DDP!
DDP may terminate or suspend your right to access or use DDP for any reason with appropriate notice. You agree that upon your termination, Sections 7 through 11 of these Terms will continue to apply to you.
In a nutshell: We retain the right to refuse to provide our Services to anyone, and may terminate the relationship at any time. Even then, some provisions of these Terms will still apply to you.
Our Service and all content on DDP is provided on an "as is" basis without warranty of any kind, whether express or implied.
DDP specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
While it is the goal of DDP to help you to monetize your data when possible,, DDP does not guarantee that you will reap any benefits, financial or otherwise.
DDP takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
In a nutshell: Unfortunately, there are no guarantees of any kind when you use DDP, financial or otherwise.
8. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DDP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN ANY EVENT, DDP’S LIABILITY SHALL NOT EXCEED ONE YEAR’S WORTH OF MONEY RECEIVED BY YOU THROUGH DDP’S SERVICES.
In a nutshell: We are building the best service we can for you but we cannot promise it will be perfect. We are not liable for any damages. If you think we are, let us try to work it out like adults.
Arbitration is a more informal way to resolve our disagreements than a lawsuit. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. By using our Services, you agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and DDP are each waiving the right to a trial by jury and to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration provision which shall survive termination of these Terms and the termination of your account.
Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and DDP agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules.
The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DDP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent that any claim, dispute or controversy regarding DDP or our Service is not arbitrable under applicable laws or otherwise, you and DDP both agree that any claim or dispute regarding DDP will be resolved exclusively in accordance with Section 10 of these Terms.
In a nutshell: Read these arbitration clauses carefully. If there is any dispute between you and DDP, arbitration will most likely apply, and you will waive certain rights to the normal court system.
10. Governing Law And Jurisdiction
These Terms and any dispute shall be governed by the laws of the State of California, without respect to its conflict of laws principles. To the extent the Arbitration provisions in Paragraph 9 do not apply, then the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Los Angeles County, California, or the United States District Court for the Central District of California.
In a nutshell: If arbitration does not apply, any lawsuit against DDP will have to be brought in Los Angeles.
11. Other Terms
Notification Procedures And Changes to These Terms
We reserve the right to determine the form and means of providing notifications to you, including electronic legal notices. We may revise these Terms from time to time, always posting the most current version on our website. In the case of a revision we deem to be material, we will notify you. Your continued use of DDP Services denotes your consent to be bound by the revisions or new Terms. If you do not agree to the new terms, please stop using DDP.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DDP without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
A waiver of any provision of these Terms shall not be deemed a further or continuing waiver of such provision or any other term, and DDP’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms constitute a contract between you and DDP, who can be contacted at: email@example.com