Terms of Service

Please read these Terms of Service (these “Terms”) carefully, as they constitute a legally binding agreement between you, as the user of www.dubograev.com (“Website”) and the features, content and services made available thereon (“Services”), and Serendipity LLC and its affiliates (“Serendipity” “we” “us” or “our”). These Terms apply to your use of and access to our Website and Services, and apply whether you are accessing our Website and Services via a wireless or mobile device, a tablet a personal computer or any other technology. If you are entering into these Terms in connection with your employment, you represent to us that you are authorized to bind your employer and all references to “you” and “your” shall refer to you and your employer. If you do not agree to these Terms, then you have the choice not to utilize our Website and Services.

These Terms shall remain in full force and effect while you use or are registered to use any of our Website and Services. You may terminate your use of or registration for our Website and Services at any time, for any reason, and we may terminate your use of or registration to the Website and Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third-party.

We may modify these Terms from time to time, and at any time, for any reason, in our sole discretion. We may post or display notices of material changes on our Website and Services and/or notify you via other electronic means, at our discretion. Once revised Terms are posted or made available, the revisions become effective immediately. Your use our Website and Services after any revised Terms become effective will signify your agreement to be bound by such revised Terms. We recommend that you check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you.

Transparency over how we collect, safeguard and use your information is of paramount importance to us. For more information regarding the collection, use, sharing and transfer of your information, please refer to our Privacy Policy.

Eligibility and Compliance

Use of our Website and Services is limited to users 16 years of age and older. By using our Website and Services, you represent and warrant to us that you are at least 16 years of age or older. You also represent and warrant that your use of our Website and Services does not violate any law, rule or regulation to which you may be subject, including any terms, conditions or requirements under agreements between you and third-parties. If you are a user between the ages of 16 and 18, please review these Terms with your parent or guardian. Your parent or guardian should agree to these Terms on your behalf and parental discretion is advised for all users under the age of 18.

 

 

Intellectual Property Rights

Ownership

The Website and Services including all of the content thereon (e.g., audio-visual content, photographs, audio, images, illustrations, graphics, video, copy, software, etc.), code, data and materials displayed on or otherwise made available through the Website and Services, including as contained in any advertisements and the “look and feel” of such content (collectively, “Content”) are owned or licensed by Serendipity, including all intellectual property and proprietary rights in such Content. When you use the Website and Services, you do not acquire any ownership of any Content. The Websites, Services, and Content are only for your personal, non-commercial use.

Trademarks

The trademarks, logos, service marks, and trade names (“Trademarks”) displayed on the Website and Services are the property of Serendipity, whether registered or unregistered. You do not have any license or right to use any Trademark or Content displayed on the Website and Services.

Restrictions

Except as expressly permitted, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any Content on the Website and Services. The framing or scraping of or in-line linking to our Website and Services or any Content, and/or the use of web crawler, spidering or other automated means to access, copy, index, process and/or store any Content, other than as expressly authorized by us, is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Website and Services. You are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on the Website and Services, including, without limitation, notices on any Content.

Digital Millennium Copyright Act

We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same. We likewise respect the intellectual property of others. If you believe that our Website and Services contain elements that infringe your copyrights in your work, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our Designated Agent at dubograev.com/dmca/.

Prohibited Conduct

We want to keep our Website and Services safe and enjoyable. The use of our Website and Services for unlawful or harmful activities is expressly prohibited. You agree that, while using our Website and Services, you shall not:

  • engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
  • submit, post, email, display, transmit or otherwise make available through our Website and Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene or vulgar, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • submit, post, email, display, transmit or otherwise make available through our Website and Services any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
  • engage in or encourage conduct that affects adversely or reflects negatively on our brand, Website and Services, business, goodwill or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person from using our Website and Services, or from advertising or becoming a supplier to us in connection with our Website and Services;
  • submit, post, email, display, transmit or otherwise make available through our Website and Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • except as expressly permitted herein, use our Website and Services for commercial or business purposes;
  • modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of our Website and Services or the rights or use or enjoyment of our Website and Services by any other person;
  • impersonate any person or entity or falsely state or otherwise represent your affiliation with any person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with our Website and Services;
  • solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information, including transmitting or facilitating in the transmission of junk email, chain letters, duplicative or unsolicited messages;
  • modify, reverse engineer, decompile or disassemble any part of our Website and Services, whether in whole or in part, or create any derivative works from any part of our Website and Services, or encourage, assist or authorize any other person to do so; or
  • submit, post, email, display, transmit or otherwise make available through our Website and Services any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.

User Posts

The Website and Services may provide you with an opportunity to submit, post, email or otherwise make available comments, reviews, content and feedback (“User Posts”). We do not acquire any ownership rights in the User Posts, other than the license you grant to us in these Terms. You represent that you have sufficient rights in and to the User Posts to grant the rights, licenses and privileges described in these Terms. You acknowledge that we may use any User Posts throughout the world for any purpose, in any form or format, on or through any media now known or hereafter developed, including the right to modify, edit, create derivative works and translate such User Posts. We may do so without notice to you, without attribution to you, and without paying any compensation to you. All User Posts are non-confidential and non-proprietary.

Third-Party Services

The appearance, availability, or your use of any third-party websites (whether in the form of a hyperlink or redirect), platforms, content, data or materials (“Third-Party Services”) referenced or included anywhere in connection with our Website and Services does not constitute an endorsement of such Third-Party Services. Your interactions with Third-Party Services are governed by the agreements, terms, and policies of such Third-Party Services.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS/SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICES OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE WEBSITE AND SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU PROVIDE IN CONNECTION WITH ANY THIRD-PARTY SERVICES. ANY TRANSACTION WITH THIRD-PARTY SERVICES IS CONDUCTED AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS/SERVICES PURCHASED THROUGH A THIRD-PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE WEBSITE OR SERVICES. CUSTOMER SERVICE ISSUES RELATED TO THIRD-PARTY SERVICES SHOULD BE DIRECTED TO SUCH THIRD-PARTY SERVICE PROVIDERS.

Assignment

These Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by us without restriction, notice or other obligation to you.

Indemnity

You agree to indemnify, defend and hold Serendipity its affiliates, and parent company, and their respective successors and assigns, present and former directors, officers, employees, representatives, agents, licensors, advertisers, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of our Website and Services, (b) your breach or violation these Terms or (c) your User Posts. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

Disclaimer; Limitation of Liability

THE WEBSITE AND SERVICES, AND ALL CONTENT, SERVICES AND USER POSTS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Serendipity, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, PRESENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEBSITE AND SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE AND SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE WEBSITE AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Serendipity, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, PRESENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE AND SERVICES OR FROM THESE TERMS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. TO THE EXTENT Serendipity MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT ITS LIABILITIES, THE EXTENT OF COMPANY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Miscellaneous

These Terms contains the entire understanding and agreement between you and Serendipity concerning our Website and Services and supersedes any and all prior or inconsistent understandings relating to our Website, Services, and your use thereof. These Terms cannot be changed orally. If any provision of these Terms is held to be illegal, invalid or unenforceable, it shall not affect any other provisions and these Terms shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms; however, no action arising out of these Terms or your use of our Website or Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen. The failure of Serendipity to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

Governing Law

These Terms shall be governed by and construed and enforced in accordance with the laws of the of Commonwealth of Virginia without reference to conflicts of law rules and principles. In the event of a dispute arising from or relating to the subject matter of these Terms, suit may be brought only in the District Court for the Commonwealth of Virginia, provided that, in the event that suit may not be brought in the District Court for the Eastern District of Virginia, suit may be brought in any court of competent jurisdiction within the Commonwealth of Virginia. The parties further agree to submit to the personal jurisdiction of any such court in Commonwealth of Virginia for purpose of adjudicating any dispute arising from or relating to the subject matter of these Terms and the parties agree to accept service of process in connection with any such suit. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, relating to, or in connection with these Terms or the Website or Services, provided that such exclusivity does not apply to legal actions initiated or brought by Serendipity. These Terms of Service shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is expressly excluded. You hereby agree and consent to receive service of process by electronic means, including, but not limited to email, and such service shall be deemed completed upon transmission.

TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND SERENDIPITY WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY ACTION.