TERMS AND CONDITIONS

These Terms of Use are effective on May 1, 2017.

By accessing or using the DOOFL application made available by DOOFL MGMT, INC., and in partnership with the DOOFL FOUNDATION (together, the “Service”), you agree to be bound by these terms of use (“Terms of Use”). The Service is owned and controlled by DOOFL MGMT, INC., (“DOOFL”) which operates the service for the benefit of the DOOFL FOUNDATION (“Foundation”).

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND DOOFL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Official Rules: Monthly Bonus Drawing

  1. The Monthly Bonus gives all mobile application Users (“App Users”) the chance to have at win a Donation to their charity by the Foundation. To be eligible, App Users MUST have configured their Doofl account by linking a social account AND/OR providing a valid email address, and selecting a charity from the list provided in the Doofl app at the time of the drawing.
  2. Using an algorithm, the Foundation will select AT RANDOM an App User that meets the criteria listed here. The user will be informed about the selection via the email address on record, and the Foundation will send the donation directly to the charity selected within 45 days.
  3. ONLY DOOFL APP USERS WHO HAVE SELECTED A VALID CHARITY ARE ELIGIBLE TO BE SELECTED IN THE DRAWING.
  4. NO APP USER WILL GAIN PERSONALLY FROM THIS DRAWING AS ZERO CASH WILL BE TRANSFERRED TO THE WINNER. ALL FUNDS ARE TRANSFERRED DIRECTLY FROM DOOFL FOUNDATION TO A SELECTED CHARITY. THE DRAWING HAS ZERO VALUE TO THE WINNING USER AND IS SIMPLY A METHOD FOR DOOFL FOUNDATION TO DISBURSE FUNDS DONATED TO THE FOUNDATION BY INDIVIDUALS AND/OR DMI.
  5. DOOFL APP USERS WHO MEET THE MINIMUM CRITERIA ABOVE RECEIVE 1 CHANCE PER DRAWING AS LONG AS THE APP IS ACTIVE
  6. DOOFL APP USERS MAY INCREASE THEIR CHANCES THRU APP ACTIVITY;
  7. DOOFL APP USERS RECEIVE +1 CHANCE PER DARE VOTE IN ANY DOOFL
  8. DOOFL APP USERS RECEIVE +1 FUTURE CHANCE PER $1 PLEDGE – CONVERTS TO +1 CHANCE UPON PLEDGE CONVERTING TO DONATION
  9. DOOFL APP USERS RECEIVE +1 FUTURE CHANCE PER $1 DONATION
  10. DOOFL APP USERS WHO CREATE A DOOFL RECEIVE +1 CHANCE PER VOTE RECEIVED
  11. DOOFL APP USERS RECEIVE +1 FUTURE CHANCE PER $1 PLEDGE RAISED – CONVERTS TO +1 CHANCE UPON PLEDGE CONVERTING TO DONATION
  12. DOOFL APP USERS RECEIVE +1 CHANCE PER $1 DONATION RAISED
  13. APPLE, INC., OR ANY ENTITY AFFILIATED WITH APPLE, INC., HAS NO PARTICIPATION IN THE MONTHLY BONUS DRAWING AND IS NOT A SPONSOR OF THE DRAWING OR ANY DOOFL PROMOTIONAL ACTIVITY.

Basic Terms

  1. You must be at least 13 years old to use the Service.
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive videos or other content via the Service.
  3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account or any account rights.
  4. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people, or post private or confidential information via the Service.
  5. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  6. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
  7. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or DOOFL.
  8. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any DOOFL users.
  9. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
  1. You must not create accounts with the Service through unauthorized means, including but not limited to, using an automated device, script, bot, spider, crawler or scraper.
  2. You must not attempt to restrict another user from using the Service and you must not encourage or facilitate violations of these Terms of Use or any other DOOFL terms.
  3. Violation of these Terms of Use may, in DOOFL’s sole discretion, result in termination of your DOOFL account. You understand and agree that DOOFL cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for DOOFL, we can stop providing the Service to you.

Doofl Terms

  1. The Service lets you create your own DOOFL fundraiser (“Fundraiser”) for a charity AND/OR win a Bonus Donation Drawing (“Monthly Bonus”) for a charity. To create a Fundraiser you select a number of dares you are willing to complete (“Dare(s)”) in exchange for donations, and if you reach your goal you agree to post a video of yourself completing the Dare (“Dare Content”) through the DOOFL app. To participate in the Monthly Bonus you simply download the app and select a charity from the list presented in the app as you configure your account.
  2. Charities listed in the app are procured from reputable non-profit lists, specifically Charity Navigator (charitynavigator.org) (“CN”) and Guidestar (guidestar.org) (“GS”) as third-party licensors of DOOFL. Charities are also added at the request of users (and verified via CN and/or GS) so if your charity is not listed, please contact help@doofl.com.
  3. To use the Service you must first download the app to your mobile device. The app is free and you agree that any data cost associated with this download and any use of the app is solely your responsibility.
  4. Once installed, you login to the Service using your personal social media account, such as Facebook or Twitter. If you do not have one of the social media accounts allowed for login, you may not use the service.
  5. If you choose to build your own Fundraiser (“Creator”) you can do so in just minutes. You choose Dares you’re willing to complete and then let members of your social network choose which Dare they want you to complete (“Vote”).  Those members may then, opt to also pledge a donation (“Pledge”) to motivate you to complete the Dare.
  6. Suggested Dares are included in the Service, however you may customize the Dare to your locality and personal taste. However, in doing so, you agree that any edit will abide by the Terms set forth herein and any violation of those terms may lead to the termination of your Fundraiser and your account.
  7. The Service also offers you as Creator the ability to automatically push a daily update (“Daily Social Content”) to your social network through a linked social network account. You must give the Service permission to make these posts, and you must also agree to abide by all Terms of Use herein and to the Terms of Use your social network provider. Regular posting to your network will help you publicize your Fundraiser, and encourage Votes and Pledges.
  8. You may Vote in ANY Fundraiser available at the time of use. All Pledges to a Fundraiser and donations to a charity are voluntary and you participate in any Fundraiser at your own risk. Voting in any Fundraiser gives you one extra chance at the Monthly Bonus. In addition, the Creator of a fundraiser ALSO gets an additional Chance for every Vote he or she generates and for any $1 that he or she raises as a pledge or donation.
  9. Voting stops at 12 midnight Pacific Standard Time of the End Date selected by the Creator. You will not be allowed to Vote after voting closes for a Fundraiser.
  10. Pledging to donate to a Fundraiser boosts your Chances to win the Monthly Bonus for your charity.  You can earn 1 ADDITIONAL CHANCE FOR EVERY $1 PLEDGED OR DONATED. Pledges are voluntary and require a valid credit card. DOOFL reserves the right to modify the number of chances allocated per pledged amount at any time and without notice or reservation. If you boost your Chances with a Pledge, Doofl may also allow the Service to push updates to your social network in return for additional Chances. You must give the Service permission to make these posts, and you must also agree to abide by all Terms of Use herein and to the Terms of Use your social network provider. Regular posting to your network will help you publicize your Fundraiser, and encourages Votes and Pledges.
  11. Pledges are processed through a third-party payment processor (“Payment”) using an API provided by Payment. DOOFL does NOT store your full credit card number or CVC (“Sensitive Information”) and completes the transaction securely in accordance with Payment’s terms of use. By using DOOFL you agree to adhere to Payment’s terms and conditions and agree to not hold DOOFL liable for any breaches to Payment’s security. DOOFL does not block under-18 accounts from accessing Payment as donations may be made on behalf of under-18 users and Payment has its own security protocols in place.
  12. Your credit card will be charged the amount pledged ONLY after the Creator posts a Dare Content video. Creators are under no legal obligation to complete any Dare, and your Pledge will not be processed and considered a donation to the Creator’s charity (“Donation”) unless the Creator posts a Dare Content video.
  13. VOTES AND PLEDGES ARE SEPARATE. IF YOU PLEDGE YOU AGREE TO DONATE TO THE CREATOR’S CHOSEN CHARITY REGARDLESS OF WHETHER OR NOT THE DARE FOR WHICH YOU VOTED WAS THE CHOSEN DARE.
  14. If the Creator does not post the Dare Content video within 45 days of the end of the Fundraiser, your Donation will not be completed.
  15. Once a Dare is posted you may no longer make Pledges, but you will be able to make Donations to the Fundraiser.
  16. Pledges earmark funds for the charity selected by the Creator for the Fundraiser, and all funds raised, minus transaction fees (determined by the payment processor and subject to change at any time), stay in business (“SIB”) fee (management fee of 2.5% of funds collected net of transaction fees), and bonus (“BONUS”) fee (5% of transaction which is added to increase the next bonus raffle) will go to the charity selected by the Creator on behalf of the Foundation.
  17. The DOOFL Foundation (“Foundation”), a 501(c)(3) public charity, receives donations so all donors can maintain their tax deduction if they so desire. And any such deduction, if allowed, is from the Foundation, NOT the earmarked charity. TO REITERATE, ALL DONATIONS ARE EARMARKED DONATIONS FROM THE FOUNDATION TO THE CHARITY SELECTED BY THE CREATOR AND ALL CHARITABLE DEDUCTIONS COME FROM THE FOUNDATION.
  18. Donation receipts for tax purposes are supplied through an in-app message and email.
  19. Once the Fundraiser ends, Donations from the Foundation occur as soon as possible given any reasonable accounting requirements, at least within 45 days of the Fundraiser closing. Disbursements can be made directly from Payments electronically, or through a check, as determined by the Foundation.
  20. By making Donations through the app you agree that you do so at your own risk. You also represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the Payment provided. You further agree and acknowledge that while Donations made to the Foundation are earmarked for a specific charity, the Donations are unrestricted gifts and once the Foundation transfers your Donation to a particular charity, the charity may do whatever they want with the funds. Finally, you agree and acknowledge that all Donations are final and non-refundable.
  21. In the event of an outage or technical issue, or any other reason or circumstance that creates conflict or calls into question a vote tally, the timing of the first posted video, or any such other similar conflict that may create a question as to the determination of collected funds, DOOFL retains the sole right to adjudicate the dispute.

Promotion Details: Dream Doofl

  1. Dream Doofl Promotion (“DD”) is a Fundraiser with a unique set of Dare and dispensation rules. You may Vote for free in any DD, choosing a person/entity + charity combination (“Celebrity”) and Dare. For some DDs, Celebrities that end up in the top 3 of Voting may choose to complete the Dare, with the first Celebrity posting the Dare Content earning ALL of the collected proceeds for their charity. Other DDs may be created on the behalf of a group of Celebrities and have specific rules regarding the distribution of funds to charities. For example, instead of one Celebrity’s charity receiving all of the funds, the Celebrities may choose to EARMARK the collected funds among the group of charities based on an agreed-upon percentage. By participating in a DD you are thereby agreeing to whatever earmark rules the Celebrities have agreed to in regards to collected donations, whether they are specifically posted or not. Regardless of any special earmark rules, the basic rules of DDs still apply, namely that (a) Pledges are converted to Donations ONLY when a Celebrity posts Dare Content, (b) All funds are donated directly to the Doofl Foundation first with an open earmark that will be determined by some combination of Voting and Celebrity agreement, and (c) any DMI fee is still the standard amount and is NOT impacted by any such earmark rule agreement between Celebrities.

Promotion Details: Bonus Drawings

  1. The Bonus Drawing gives all mobile application Users (“App Users”) the chance to win a Donation to their charity by the Foundation. To be eligible, App Users MUST have configured their Doofl account by linking a social account and/or providing a valid email address, and selecting a charity from the list provided in the Doofl app at the time of the drawing. Bonus Drawings can happen weekly, monthly, or annually, and the amount can vary based on Doofl Foundation priorities and funds collected during the time since the most recent drawing.
  2. Using an algorithm, the Foundation will select AT RANDOM an App User that meets the criteria and send an email to the address on record and to a Doofl Admin.
  3. ONLY DOOFL APP USERS WHO HAVE SELECTED A VALID CHARITY ARE ELIGIBLE TO BE SELECTED IN THE DRAWING.
  4. NO APP USER WILL GAIN PERSONALLY FROM THIS DRAWING AS ZERO CASH WILL BE TRANSFERRED TO THE WINNER. ALL FUNDS ARE TRANSFERRED DIRECTLY FROM DOOFL FOUNDATION TO A SELECTED CHARITY. THE DRAWING HAS ZERO VALUE TO THE WINNING USER AND IS SIMPLY A METHOD FOR DOOFL FOUNDATION TO DISBURSE FUNDS DONATED TO THE FOUNDATION BY INDIVIDUALS AND/OR DMI.
  5. DOOFL APP USERS WHO MEET THE MINIMUM CRITERIA ABOVE RECEIVE 1 CHANCE PER DRAWING AS LONG AS THE APP IS ACTIVE
  6. DOOFL APP USERS MAY INCREASE THEIR CHANCES THRU APP ACTIVITY;
  7. DOOFL APP USERS RECEIVE +1 CHANCE PER DARE VOTE IN ANY DOOFL
  8. DOOFL APP USERS RECEIVE +1 FUTURE CHANCE PER $1 PLEDGE – CONVERTS TO +1 CHANCE UPON PLEDGE CONVERTING TO DONATION
  9. DOOFL APP USERS RECEIVE +1 FUTURE CHANCE PER $1 DONATION
  10. DOOFL APP USERS WHO CREATE A DOOFL RECEIVE +1 CHANCE PER VOTE RECEIVED
  11. DOOFL APP USERS RECEIVE +1 FUTURE CHANCE PER $1 PLEDGE RAISED – CONVERTS TO +1 CHANCE UPON PLEDGE CONVERTING TO DONATION
  12. DOOFL APP USERS RECEIVE +1 CHANCE PER $1 DONATION RAISED
  13. APPLE, INC., OR ANY ENTITY AFFILIATED WITH APPLE, INC., HAS NO PARTICIPATION IN THE MONTHLY BONUS DRAWING AND IS NOT A SPONSOR OF THE DRAWING OR ANY DOOFL PROMOTIONAL ACTIVITY.

General Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access or you deactivate your account, your DOOFL data may persist and appear within the Service.
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms“) from time to time. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  5. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  6. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that DOOFL is not responsible or liable for the conduct of any user. DOOFL reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
  7. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. DOOFL does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that DOOFL is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if DOOFL has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold DOOFL harmless for activity related to the Application.
  8. You agree you are responsible for all data charges you incur through use of the Service.
  9. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with DOOFL’s express consent).

Rights

  1. DOOFL does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to DOOFL a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, except that you can control who can view certain of your Content and activities on the Service as described in the Service’s Privacy Policy.
  2. Some or all of the Service may be supported by third-party promotions. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you. If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to this provision (and the use of your name, likeness, username, and/or photos (along with any associated metadata)) on your behalf.
  3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  4. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  5. The Service contains content owned or licensed by DOOFL (“DOOFL Content”). DOOFL Content is protected by copyright, trademark, patent, trade secret and other laws, and, DOOFL owns and retains all rights in the DOOFL Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the DOOFL Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the DOOFL Content.
  6. The DOOFL name and logo are trademarks of DOOFL, and may not be copied, imitated or used, in whole or in part, without permission of DOOFL. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of DOOFL, and may not be copied, imitated or used, in whole or in part, without permission from DOOFL.
  7. Although it is DOOFL’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, DOOFL reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by DOOFL, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. DOOFL will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  8. You agree that DOOFL is not responsible for, and does not endorse, Content posted within the Service. DOOFL does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  9. Except as otherwise described in the Service’s Privacy Policy, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure. You acknowledge and agree that your relationship with DOOFL is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place DOOFL in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of DOOFL, and DOOFL will not be liable for any use or disclosure of any Content you provide.
  1. It is DOOFL’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, DOOFL does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that DOOFL is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Reporting Copyright and Other IP Violations

  1. We respect other people’s rights, and expect you to do the same.
  2. If you feel that your intellectual property rights, or the intellectual property rights of another user have been violated, please contact us immediately through help@doofl.com.
  3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, DOOFL CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DOOFL MGMT, INC NOR DOOFL FOUNDATION NOR ANY OF THEIR DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, REPRESENTATIVES OR AGENTS (COLLECTIVELY, THE “DOOFL PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE DOOFL CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DOOFL OR VIA THE SERVICE. IN ADDITION, THE DOOFL PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE DOOFL PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE DOOFL PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE DOOFL PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE DOOFL PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE DOOFL PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE DOOFL PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE DOOFL CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DOOFL PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DOOFL PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE DOOFL PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE DOOFL PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DOOFL’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE DOOFL PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE DOOFL PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

DOOFL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE DOOFL PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at DOOFL’s request), indemnify and hold the DOOFL Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by DOOFL in the defense of any claim. DOOFL reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of DOOFL.

Arbitration

Except for disputes relating to: (1) your or DOOFL’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of provisions 9 or 10 of the Basic Terms, above (“Excluded Disputes”), you agree that all disputes between you and DOOFL (whether or not such dispute involves a third party) with regard to your relationship with DOOFL, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and DOOFL hereby expressly waive trial by jury. As an alternative, you may bring your claim in Arlington County General District Court, if permitted by Arlington County General District Court rules. You may bring claims only on your own behalf. Neither you nor DOOFL will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if DOOFL is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either DOOFL or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor DOOFL can require the other to participate in an arbitration proceeding. To opt out, you must notify DOOFL in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

DOOFL MGMT, INC. ATTN: Arbitration Opt-out 1400 Key Blvd, Ste 100, Arlington, VA 22209

You must include your name and residence address, the email address you use for your DOOFL account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with DOOFL.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with DOOFL must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with DOOFL exclusively in a state or federal court located in Arlington, Virginia, and to submit to the personal jurisdiction of the courts located in Arlington County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. DOOFL’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. DOOFL reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with DOOFL.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and DOOFL and governs your use of the Service, superseding any prior agreements between you and DOOFL. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of DOOFL. Any purported assignment or delegation by you without the appropriate prior written consent of DOOFL will be null and void. DOOFL may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject DOOFL to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that DOOFL provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

The effective date of these Terms of Use is May 1, 2017. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

By using the DOOFL service you are agreeing to be bound by the following terms and conditions (“Terms of Use”).