PRIVACY POLICY
& EULA
Last Revised: June 19, 2024
The website located at https://www.policeandthieves.com/ is published, owned, and operated by Dope Apotheosis, Inc. d/b/a Police & Thieves, its affiliates and related entities (hereinafter referred to as “Company, or “we” or “us”). Company is committed to protecting its users’ privacy. Company has prepared this Privacy Policy (the “Policy”) to describe to you (“User” or “you”) Company’s practices regarding the Personal Information (as defined below) Company collects, why Company collects it, and how Company uses and discloses it. This Policy should be read in conjunction with Company’s Terms of Use (“Terms”) into which this Policy is incorporated by reference.
ACCEPTANCE OF THE POLICY
Your privacy matters to us, so please do take the time to get to know our policies and practices. Please understand that we reserve the right to change any of our policies and practices at any time, but you can always find the latest version of this Policy here on this page. Your continued use of the Website or any associated application after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
This Policy describes:
The types of information Company collects from User, or that User may provide when User visits Company’s Website or utilizes the Platform.
Company’s practices for collecting, using, maintaining, protecting, and disclosing that information in relation to Company’s operation of the Website and provision of the Service.
This Policy does not apply to information that: (a) Company collects offline or through any other Company services; or (b) User provides to or is collected by any third party, whether you access any third-party app or website via the Website. Those websites and apps may have their own privacy policies, and we encourage you to read before providing information on or through them. Please read this Policy carefully to understand our practices regarding a User’s information and how we will treat it. If you do not agree with Company’s policies and practices, then please do not use the Website or any associated application. By using the Website or any associated application, you agree to the terms of this Policy.
INTENDED FOR USERS 21+
Company does not knowingly collect data from or market to anyone under 21 years of age. Company does not knowingly solicit data from or market to anyone under 21 years of age. If Company learns that Personal Information from Users less than 21 years of age has been collected, Company will deactivate the account of such User and take reasonable measures to promptly delete such data from Company’s records. If User becomes aware of any data Company may have collected from anyone under the age of 21, please contact Company at [email protected].
PERSONAL INFORMATION WE COLLECT
As used herein, “Personal Information” means information that identifies or is reasonably capable of identifying an individual, directly or indirectly, and information that is capable of being associated with an identified or reasonably identifiable individual. We collect the following categories of Personal information, which are typically collected when using other companies’ services or websites. Any changes to the Company’s policies on collection of Personal Information will be updated in the Policy and available on the Website.
Personal Information We Collect from User. Company (or our Affiliates) collects and stores the following categories of Personal Information provided directly by User:
Identification information, such as name, email, phone number, postal address, social media information, and any information that may be legally required (collectively, “Identification Information”);
From time to time, we may ask for your Personal Information in connection with sweepstakes, contests, or other promotions we or our partners sponsor;
Correspondence, such as information User provides to Company in correspondence, including Account opening, customer support, messages, text boxes, other user content, or the like;
If User fills out a survey that we request for research purposes, Company may store your response; and
Payment information, such as credit or debit card numbers, bank account numbers, wire transfer information, and information connected to digital payment processing services such as Apple Pay or PayPal.
Personal Information That May Be Collected Automatically. Company (or our Affiliates) may collect the following categories of Personal Information automatically through User’s use of the Service:
Online identifier information, such as IP address, domain name, and similar identifying names or address (collectively, “Online Identifiers;”);
Device information, such as hardware, operating system, browser, device name, language preferences (collectively, “Device Information”);
Usage data, such as system activity, internal and external information related to Company pages that you visit (collectively, “Usage Data”); and
Geolocation data, such as information about your device’s location (“Geolocation Data”).
Automatic collection of Personal Information may involve the use of Cookies, described in greater detail below. Company does not currently store any Online Identifiers, Device Information, Usage Data, or Geolocation Data; however, please be aware that third-parties with which Company might interact, such as vendors or payment processors, might store such information.
Personal Information Company Collects from Third-Parties. Company may collect and/or verify the following categories of Personal Information about User from third-parties:
Identification Information; and
Additional information, at Company’s discretion to comply with legal obligations.
Accuracy and Retention of Personal Information. Company takes reasonable and practicable steps to ensure that User’s Personal Information held by Company is (i) accurate with regard to the purposes for which it is to be used, and (ii) not kept longer than is necessary for the fulfillment of the purpose for which it is to be used.
HOW COMPANY USES USERS’ PERSONAL INFORMATION
Company collects and uses Personal Information to provide User with the best experience possible, protect User from risks related to improper use and fraud, and help Company maintain and improve Company’s services. Company may use User’s Personal Information for the following purposes and take the following actions:
Provide the services. Company may use User’s Personal Information to provide User with Company’s services pursuant to the Terms. Company may internally use certain Personal Information to improve the Website’s content and layout, to improve outreach, for direct marketing, and to determine a general geographic and demographic profile of visitors to the Website. Company also uses such data for system administration, order verification, internal marketing, and system troubleshooting purposes.
Comply with legal and regulatory requirements. Company may process User’s Personal Information as required by applicable laws and regulations.
Detect and prevent fraud. Company may process User’s Personal Information to detect and prevent fraud.
Protect the security and integrity of the services. Company may use User’s Personal Information, including information about User’s device and User’s activity on the Platform to maintain the security of User’s Account, the Website, and any associated applications.
Provide User with customer support. Company may process User’s Personal Information when User contacts Company’s support team with questions about or issues with User’s use of the Website, and any associated applications.
Market Company’s products. Company may contact User with information about the services it provides. Company will only do so with User’s permission, which can be revoked at any time.
HOW COMPANY SHARES USER’S PERSONAL INFORMATION
Company will never sell, share, rent, or trade User’s Personal Information with third-parties for their commercial purposes. In the event that Company does share User’s Personal Information with any third-parties, Company will only share Personal Information as described below:
Service Providers. Company may share User’s Personal Information with third-party service providers for business or commercial purposes, including fraud detection and prevention, security threat detection, payment processing, customer support, data analytics, Information Technology, advertising and marketing, network infrastructure, storage, transaction monitoring. Company may also share Personal Data with its third-party IT service providers to assist in fulfilling these purposes.
Law Enforcement. Company may be compelled to share User’s Personal Information with law enforcement, government officials, and regulators.
Corporate Transactions. Company may disclose Personal Information in the event of a proposed or consummated merger, acquisition, reorganization, asset sale, or similar corporate transaction, or in the event of a bankruptcy or dissolution.
Professional Advisors. Company may share User’s Personal Information with Company’s professional advisors, including legal, accounting, or other consulting services for purposes of audits or to comply with Company’s legal obligations.
Consent. Company may share User’s Personal Information with User’s consent.
Company does not sell User’s Personal Information to third parties for consideration. Company does not share User’s Personal Information for targeted advertising. Company may disclose aggregated information about its users and information that does not identify any individual without restriction in any way permitted by applicable law. If Company decides to modify the purpose for which User’s Personal Information is collected and used, Company will amend this Policy.
COOKIES
Companies often make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (herein, “Cookies”) on User’s computer or other devices used when visiting companies’ websites. Company does not currently use Cookies, but Company may in the future to help Company recognize User as a customer, collect information about User’s use of Company to better customize the Service and content for User, and collect information about User’s computer or other access devices to: (i) ensure that User’s account security has not been compromised by detecting irregular, suspicious, or potentially fraudulent account activities; (ii) assess and improve the Service and advertising campaigns.
User can also learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on Cookies and how to block Cookies on different types of browsers and mobile devices. Please note that if Company decides to utilize Cookies and User rejects Cookies, User will not be able to use some or all of the Website. If User does not consent to the placing of Cookies on User’s device, please do not visit, access, or use the Website.
DIRECT MARKETING
Subject to applicable laws and regulations, Company may from time to time send direct marketing materials promoting services, products, facilities, or activities to User using information collected from or about User. User may also opt-out of such communications by following the directions provided in any marketing communication. It is Company’s policy to not provide User’s Personal Information for those third-parties’ direct marketing purposes without User’s consent.
INFORMATION SECURITY
No security is foolproof, and the Internet is an insecure medium. Company cannot guarantee absolute security, but Company works hard to protect Company and User from unauthorized access to or unauthorized alteration, disclosure, or destruction of Personal Information Company may collect and store. Measures Company may take include encryption of the Company website communications with SSL; periodic review of Company’s Personal Information collection, storage, and processing practices; and restricted access to User’s Personal Information on a need-to-know basis for Company’s employees, contractors and agents who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
INFORMATION FOR PERSONS SUBJECT TO EU DATA PROTECTION LAW
Company recognizes and, to the extent applicable to Company, adheres to relevant EU data protection laws with respect to Users who are located in the European Union (“EU”), European Economic Area (“EEA”) or the Channel Islands, or other locations subject to EU data protection law (collectively, “Europe”). For purposes of this section, “personal data” has the meaning provided in the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
Lawful Bases for Processing. Company processes personal data subject to GDPR on one or more of the following legal bases:
Legal Obligation: to conduct anti-fraud and to fulfill our retention and other legal obligations;
Contractual Obligation: to satisfy Company’s obligations to User under Company’s Terms, including to provide User with the Service and customer support services, and to optimize and enhance the Platform;
Legitimate Interest: to monitor the usage of Website, conduct automated and manual security checks of the Service, to protect Company’s rights; and
Consent: to market Company and the Service. User may withdraw User’s consent at any time without affecting the lawfulness of processing based on consent before consent is withdrawn.
European Privacy Rights. European residents have the following rights under GDPR, subject to certain exceptions provided under the law, with respect to their personal data:
Rights to Access and Rectification. User may submit a request that Company disclose the personal data that Company processes about User and correct any inaccurate personal data.
Right to Erasure. User may submit a request that Company delete the personal data that Company has about User.
Right to Restriction of Processing. User has the right to restrict or object to Company’s processing of User’s personal data under certain circumstances.
Right to Data Portability. User has the right to receive the personal data User have provided to Company in an electronic format and to transmit that personal data to another data controller.
To submit a request to exercise these rights, please contact Company using the methods described at the end of this Policy. When handling requests to exercise European privacy rights, Company check the identity of the requesting party to ensure that he or she is the person legally entitled to make such request. While Company maintains a policy to respond to these requests free of charge, should User’s request be repetitive or unduly onerous, Company reserves the right to charge User a reasonable fee for compliance with User’s request.
COLLECTION AND TRANSFER OF DATA OUTSIDE THE EEA
Company operates with many of Company’s systems based in the United States. As a result, Company may transfer personal data from Europe to third countries outside of Europe, including the United States, under the following conditions:
Contractual Obligation. Where transfers are necessary to satisfy Company’s obligation to User under Company’s Terms, including to provide User with the Service and customer support services, and to optimize and enhance Website.
Consent. Where User has consented to the transfer of User’s personal data to a third country.
Where transfers to a third country are based on User’s consent, User may withdraw user’s consent at any time. Please understand, however, that the Service may not be available if Company is unable to transfer personal data to third countries.
When Company transfers personal data to third countries, Company endeavors to ensure adequate safeguards are implemented, for example through the use of standard contractual clauses or Privacy Shield certification.
CALIFORNIA CONSUMER PROTECTION ACT
Under the California Consumer Privacy Act (“CCPA”), User may have the right to request access to the personal information Company collects from User, change that information, or delete it in some circumstances. To submit a request to exercise these rights, please contact Company using the methods described at the end of this Policy. When handling requests to exercise CCPA privacy rights, Company checks the identity of the requesting party to ensure that he or she is the person legally entitled to make such request. While Company maintains a policy to respond to these requests free of charge, should User’s request be repetitive or unduly onerous, Company reserves the right to charge User a reasonable fee for compliance with User’s request.
COLORADO PRIVACY ACT
Under the Colorado Privacy Act (“CPA”), Consumers (as defined in the CPA) have the following rights in their Personal Information: (a) if Company ever sells Personal Information or processes Personal Information for targeted advertising, as defined by the CPA, User has the right to opt out of such sale or advertising; and (b) to access, correct inaccuracies in, delete, confirm the processing of, or port in a commonly usable format, Personal Information that Company collects and maintains about User. To exercise your rights under the CPA, please email us at the contact information below. We reserve the right to authenticate your request, retain certain Personal Information to verify your request was completed, or refuse or comply with your request in a modified way as permitted by the CPA. If we refuse or modify your request, we will tell you why and how you may appeal our decision.
CONTACT US
If User has questions or concerns regarding this Policy or Company’s processing of User’s Personal Information, please feel free to email Company at [email protected]; or write to Company at:
Dope Apotheosis, Inc.
Attn: Legal
PO Box 460489
Denver, CO 80246
END USER LICENSE AGREEMENT
Last Revised: June 19, 2024
This End User License Agreement (the “EULA”) is a binding agreement between each user (“You”) and Dope Apotheosis, Inc., d/b/a Police & Thieves, its affiliates, and their related entities (collectively, “Company,” “we,” or “us”), and governs Your access to and use of the software application known as “Police & Thieves” whether accessed via computer, mobile device or otherwise (individually and collectively, the “Application”). The Application is owned and operated by Company. The Application is licensed, not sold, to You.
THE APPLICATION IS CURRENTLY IN AN EARLY STAGE “BETA” VERSION. PLEASE SEE SECTION 4.9 FOR ADDITIONAL DETAILS.
BY DOWNLOADING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. FURTHER, BY DOWNLOADING THE APPLICATION, YOU REPRESENT, ACKNOWLEDGE, AND AGREE THAT YOU ARE AT LEAST 21 YEARS OLD. IF YOU ARE NOT AT LEAST 21 YEARS OLD, YOU MAY NOT DOWNLOAD, INSTALL, OR USE THIS APPLICATION AT ANY TIME OR IN ANY MANNER. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION.
LICENSE
License Grant. Subject to the terms of this EULA, Company grants You a limited, revocable, non-exclusive, and nontransferable license to:
download, install, and use the Application for Your personal, non-commercial use on one or more devices owned or otherwise controlled by You (each, a “Device”) strictly in accordance with the Application's documentation; and
access, stream, download, and use on each such Device the products and services accessible through the Application, and certain features, functionality, and content accessible in or through the Application (collectively, the “Services”) made available in or otherwise accessible through the Application, strictly in accordance with the terms of this EULA.
License Restrictions. The Application and the Services are for Company’s commercial purposes only. Except as may be expressly permitted by applicable law or expressly authorized by the Application, You shall not:
copy the Application, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this EULA, without Company's prior written consent;
frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;
use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
Reservation of Rights.
You acknowledge and agree that the Application is provided under license, and not sold, to You. You do not acquire any ownership interest in the Application under this EULA, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to You in this EULA.
COMPANY CONTENT
The Services and the Application are intended for Your personal, noncommercial use. All information and materials published or available through the Application and/or the Services (including, but not limited to downloadable software, text, logos, graphics, photographs, images, illustrations, designs, audio clips, video clips, systems, methods, “look and feel,” metadata, data, or compilations, collectively known as the “Content”) are protected by copyright, and are owned or controlled by Company or the party credited as the provider of the Content. Company also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Application and/or the Services.
The Application, the Services and the Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not copy, modify, publish, upload, post, transmit, participate in the transfer or sale of, reproduce, imitate, create new works from, reverse compile or reverse engineer, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement), the Application, or the Services in whole or in part, without the prior written consent of Company, and, as the case may be, the applicable owner of such Content. Your use of the Application and/or the Services does not grant You ownership of or any other rights with respect to any Content, code, data, or other materials that You may access on or through the Services. Company reserves all rights in and to Content not expressly granted to You in the EULA.
DATA PRIVACY
Data Privacy. You acknowledge that when You download, install, or use the Application, Company may use automatic means to collect certain information about Your Device and about Your use of the Application, such as IP addresses. All information we collect through or in connection with this Application is subject to our Privacy Policy located below the terms of this EULA. By downloading, installing, using, and providing information to or through this Application, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.
Accessing the Application. In order to access certain features of the Application and certain Services, You must provide registration details or other information via a third-party authentication provider to allow Company to verify Your identity and generate a user identification number unique to You (“User ID”). You may only access the Application and the Services through Your own User ID. Users do not own their User IDs, and gifting or otherwise transferring of User IDs or access keys is prohibited. You agree that the information You provide to Company to access the Application and/or the Services, including but not limited to Your email address and other registration details for accounts You maintain at third-party websites (collectively, “Third-Party Account Information”) will be true, accurate, current, and complete. You further agree to promptly update Your Third-Party Account Information whenever the information provided to Company is no longer accurate. You must immediately notify Company of any unauthorized use of Your User ID or Your Third Party Account Information, or any other breach of security. If Company suspects, in its sole discretion, unauthorized use of Your Third-Party Account Information, Company may suspend or terminate Your access to the Application. You are responsible for maintaining the confidentiality of Your Third-Party Account Information and all activities that occur under Your User ID. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of Your User ID or any other breach of security. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Notification. Company takes claims of copyright infringement seriously. Company will respond to notices of alleged copyright infringement that comply with Applicable Law. If You believe any materials accessible in or from the Application or the Services infringes Your copyright, You may request removal of those materials (or access to them) from the Application or the Services, as applicable, by submitting written notification to Company’s copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works in the Application or the Services are covered by a single notification, a representative list of such works;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate; and
under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective. Upon removing any allegedly infringing material, Company will notify the alleged infringer of such takedown.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Company’s designated copyright agent or authorized official to receive notifications and counter-notifications of claimed infringement is:
Dope Apotheosis, Inc.
Attn: Legal
PO Box 460489
Denver, CO 80246
Email: [email protected]
GENERAL TERMS
Geographic Restrictions. The Application and the Services are based in the State of Colorado in the United States. If You access the Application and the Services from outside the State of Colorado, You are responsible for compliance with applicable laws.
Updates. For reasons that include, without limitation, system security, stability, and multiplayer interoperability, Company may, from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, new versions, enhancements and/or other new features (collectively, “Updates”). Updates may also be automatic, modify or delete in their entirety certain features and functionality, or change the system requirements to use the Application. You consent to any such automatic updates, and agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your Device settings, when Your Device is connected to the internet either:
the Application will automatically download and install all available Updates; or
You may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this EULA.
Third-party Sites. The Application may contain links to websites controlled or operated by persons and companies other than Company (“Linked Sites”). Company is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any content thereon, or any association with its operators. Company has no control over such services, and is not responsible for the availability of such Linked Sites, or for any viruses, malware, or other harms resulting from Your use of a Linked Site. Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
Term and Termination.
The term of this EULA commences when You download the Application and will continue in effect until terminated by You or Company as set forth in this Section 4.4.
You may terminate this EULA by deleting the Application and all copies thereof from Your Device.
Company may terminate this EULA at any time without notice and in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this EULA.
Upon termination: all rights granted to You under this EULA will also terminate; and
You must cease all use of the Application and delete all copies of the Application from Your Device.
Termination will not limit any of Company's rights or remedies at law or in equity.
DISCLAIMER OF WARRANTIES
THE APPLICATION AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT THEREON, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY AND ANY THIRD-PARTY LICENSORS WITH CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE SERVICES OR ANY CONTENT PROVIDED TO YOU, INCLUDING CONTENT ACCESSIBLE VIA THE APPLICATION. YOU ACKNOWLEDGE THAT COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD-PARTIES OR USERS OF THE SERVICES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE APPLICATION WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. COMPANY FURTHER MAKES NO WARRANTY THAT THE APPLICATION WILL BE FREE OF VIRUSES, WORMS, OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT COMPANY, ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE APPLICATION OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH SERVICES IS TO CEASE YOUR USE OF THE SAME. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT IT WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Jurisdictional Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. To the fullest extent permitted by applicable law, in no event will Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to Your use of or inability to use the Application or the Services for:
Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages.
Direct damages in amounts that in the aggregate exceed the greater of one hundred US dollars ($100) or the amount remitted to Company by You.
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to You.
Indemnification. You agree to release, indemnify, and hold harmless Company and its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) Your access to, use of, or inability to use the Application; (b) Your breach of this EULA; (c) Your violation of any rights of a third-party; Your violation of any Applicable Law; (e) Your failure to provide and maintain true, accurate, current and complete Third-Party Account Information; and (f) any and all financial losses You may suffer, or cause others to suffer whether or not such losses were made due to information learned through the Application.
Beta Version Disclaimer. IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS EULA, YOU ACKNOWLEDGE THAT YOU ARE BEING GIVEN ACCESS TO A “BETA” VERSION OF THE APPLICATION AS PART OF THE BETA TESTING OF THE APPLICATION AND THE SERVICES BY COMPANY. BETA TESTING MEANS THAT A NON-FINAL VERSION OF THE APPLICATION AND/OR SERVICES IS PROVIDED TO YOU OUTSIDE COMPANY DEVELOPING IT SO THAT IT CAN BE TESTED PRIOR TO COMMERCIAL RELEASE. THE BETA APPLICATION MAY RESEMBLE A FINISHED APPLICATION OR SERVICES, BUT IT IS STILL BEING DESIGNED, IMPLEMENTED, AND REFINED AS YOU USE IT. ACCORDINGLY, THE RISKS OF FAILURE ARE HEIGHTENED, AND THE APPLICATION AND THE SERVICES MAY NOT PERFORM AS INTENDED, OR AT ALL. BY PARTICIPATING IN THE BETA TESTING OF THE APPLICATION AND THE SERVICES, YOU UNDERSTAND THAT NEITHER HAVE BEEN FULLY DEVELOPED OR USED BY ANYONE AND YOU HOLD COMPANY HARMLESS AND FOREVER RELEASE ALL CLAIMS AGAINST COMPANY FOR YOUR USE OF THE APPLICATION AND THE SERVICES. MOREOVER, THE LAWS AND REGULATIONS PERTAINING TO THE SERVICES ARE NOT SETTLED AND COMPANY MAY NOT HAVE ALL THE RELEVANT LICENSES AND/OR NECESSARY APPROVALS TO PROVIDE THE SERVICES IN A COMPLIANT MANNER. YOU UNDERSTAND THE RISKS INVOLVED AND BEAR ALL RESPONSIBILITY FOR YOUR INVOLVEMENT IN THE BETA AND USE OF THE SERVICES. ACCORDINGLY, YOU AGREE TO HOLD COMPANY HARMLESS AND COVENANT NOT TO SUE, FOR ANY REASON WHATSOEVER, TO THE FULLEST EXTENT PERMITTED BY LAW.
Severability. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
Governing Law & Jurisdiction. This EULA is governed by the laws of the State of Colorado. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the City and County of Denver, Colorado in all disputes arising out of or relating to the use of the Services not subject to the Arbitration Agreement set forth in Section 4.12.
Dispute Resolution.
Arbitration Agreement Generally. Please read the following arbitration agreement (“Arbitration Agreement”) carefully. It limits the manner in which You may seek relief from Company, is part of Your contract with Company, and contains provisions concerning MANDATORY BINDING ARBITRATION AND WAIVER OF THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to seek injunctive relief in a court of law in aid of arbitration or to file suit in a court of law to address an intellectual property infringement claim.
Applicability of Arbitration Agreement. In the interest of resolving disputes between Company and You in the most expedient and cost-effective manner, and except as set forth in 4.12(b), You and Company agree that every dispute arising in connection with these Terms that cannot be resolved informally, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including any unresolved dispute, claim, interpretation, controversy, or issues of public policy arising out of or relating to the Website or these Terms, and the determination of the scope or applicability of this Section 4.12, will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to You and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Arbitration Rules. Arbitration will be administered by the Judicial Arbiter Group, Inc. (“JAG”) and conducted under the Colorado Revised Uniform Arbitration Act, C.R.S. §§ 13-22-201, et seq. (“CRUAA”) as modified by these Terms. Filing forms are available online at jaginc.com, by calling the JAG at 303-572-1919, or by contacting Company.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the specific relief requested. A Notice to Company should be sent by certified U.S. Mail or by Federal Express (signature required) to:
Dope Apotheosis, Inc.
Attn: Legal
PO Box 460489
Denver, CO 80246
You must send a courtesy copy of a Notice to Company at [email protected]. Company may send You a Notice by electronic mail. After the Notice is received, You and Company may attempt to resolve the claim or dispute informally. If You and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled, if any. If the arbitrator awards You an amount higher than the last written settlement amount offered by Company in settlement of the dispute prior to the award, Company will pay to You the greater of: (i) the amount awarded by the arbitrator; or (ii) $2,500.
Fees; Location. If You commence arbitration in accordance with these Terms, You shall be solely responsible for payment of applicable filing fees. Any arbitration hearing will take place in Denver, Colorado, or another location mutually agreed upon by the parties; provided, however, notwithstanding the foregoing, the parties shall endeavor, where possible, to cause the arbitration proceeding to be conducted: (i) solely on the basis of documents submitted to the arbitrator; or (ii) through a non-appearance-based telephone hearing or videoconference. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Notwithstanding anything herein to the contrary, each party will be responsible for their own attorneys’ fees associated with an arbitration under these Terms, and in no event may the arbitrator award any party their attorneys’ fees.
Enforcement. The parties irrevocably submit to the exclusive jurisdiction of the State Courts for the State of Colorado with respect to this section to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under the CRUAA. The parties irrevocably waive defense of an inconvenient forum to the maintenance of any such action or other proceeding.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between You and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of Your decision to opt out within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include Your name and address, and an unequivocal statement that You desire to opt out of this Arbitration Agreement. If You opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to You. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that You may currently have, or may enter in the future, with Company. Mail written notification by certified mail to.
Dope Apotheosis, Inc.
Attn: Legal
PO Box 460489
Denver, CO 80246
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Additional Terms. Additional terms and conditions may apply to certain Services not currently offered in the beta version of the Application. Any such additional terms and conditions will be subject to separate agreement between You and Company.
Entire Agreement; Conflict. The EULA, our Terms of Use, and our Privacy Policy constitute the entire agreement between You and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. In the event of a conflict between the EULA, the Terms of Use, or the Privacy Policy, the more restrictive will control.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between the EULA and any applicable purchase or other terms, the terms of the EULA shall govern.
Company Contact Information. Questions may be directed to Company at: [email protected].