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Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY DOUPTO LTD. ("DoUpTo"). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS ("TERMS OF USE") FOR YOUR USE OF THE WEBSITE AT WWW.DOUPTO.COM (THE "SITE") AND ANY AND ALL SERVICES, OFFERED AND AVAILABLE ON OR THROUGH THE SITE OR OTHERWISE PROVIDED BY DOUPTO (COLLECTIVELY WITH THE SITE, THE "SERVICE").


1. Acceptance of Terms
By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to and accept without modification all of the terms and conditions contained herein which also incorporate DoUpTo's PRIVACY POLICY, DoUpTo's WAIVER AND RELEASE OF LIABILITY and all other operating rules, policies and procedures that may be published from time to time on the Site by DoUpTo, each of which is incorporated by reference. These Terms of Use apply to all users of the Service.

IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.

2. Modification
DoUpTo reserves the right, at its sole discretion, to update, modify or replace any of the rules, terms or conditions of this Terms of Use at any time without notice to you. It is your responsibility to check this Terms of Use periodically for changes, but if the changes are major, we will invest and design a banner on the home page to announce them. Your continued use of the Services following the posting of any changes to this Terms of Use constitutes acceptance of those changes. If any change to this Terms of Use is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

3. Description of DoUpTo
DOUPTO is the new word in town.
DoUpTo allows you to buy or sell any original service, work or challenge for a small fee ("DUT").
It can be something crazy from our "WTF category", or something that you want to see if people will do for money on the "I Dare You" Challenge category.
The prices vary between $5 to $100 and the type of DUT is wide open. Thus if you have a special skill, it's time to earn money from it.
The DoUpTo team is striving to offer the best environment for a profitable dialog between people. In order to keep the DoUpTo platform free of evilness and fun filled, DoUpTo will use all its power to remove and disconnect the bad guys.
Please be kind and keep your promises and commitments to other users. Needless to say, any promise or commitment that is not kept will harm your rating and will result in poor user feedback and reviews. In DoUpTo, the DUTs that receive the best feedback reviews and the highest ranking will be returned highest in the search results. Always keep this friendly tip in mind!

4. Registration and Eligibility
You may browse the Site and view Content without registering, but as a condition to using certain aspects like buy or sell, you are required to register to the Service on the Site, and represent, warrant and covenant that you provide DoUpTo with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your DoUpTo account.
No need to worry – your User identities in the Site to other users, can be kept anonymous. That is why requesting or providing Email addresses, Skype/IM usernames or any other personal contact details (Other than your name) to other users is not permitted.
The DoUpTo team puts a lot of effort into creating a top notch communication platform between users. We encourage you to use it thus all communications, information and files exchange should be performed exclusively using DoUpTo's messaging platform.
You shall not:
Provide any false personal information to DoUpTo or create any account for anyone other than yourself without such person's permission;
Use a User Name that is the name of another person with the intent to impersonate that person;
Use a User Name or DoUpTo account that is subject to any rights of a person other than you without appropriate authorization; or
Use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
DoUpTo reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your DoUpTo password. You shall never use another user's account without such other user's prior express permission. You will immediately notify DoUpTo here DoUpTo Support in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 18 years old. DoUpTo may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.


5. Credits
Upon registration to the Site, users will receive their first DoUpTo Credits that can be earned for performing many activities in the Site (e.g. buying new DUT, spreading the word about cool Services and more) Make sure to collect as many Credits as you can, we have some surprises to launch in the very near future and they involve really cool stuff, so you will not be able to say later "why didn’t you tell me before…"

6. Content
All Content in the Site and Service, is the sole responsibility of the person who originated such Content. DoUpTo cannot guarantee the authenticity of any Content or data which users may provide. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefore. For purposes of these Terms of Use, the term "Content" includes, without limitation; any Seller adds, any "I dare you" posts, comments, location information, photographs, videos, audio clips, video clips, information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by DoUpTo on or through the Service. The Service contains Content specifically provided by DoUpTo or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Content added, created, uploaded, submitted, distributed, or posted to the Service by users is collectively referred to as, "User Submissions."


7. User Submission
By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant DoUpTo a worldwide, non-exclusive, royalty-free, fully paid, sub licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and DoUpTo 's business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds).
You represent and warrant that you have all rights to grant such license to DoUpTo without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that DoUpTo will not be liable for any errors or omissions in any Content; and that DoUpTo cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.


8. Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service.
You shall not upload or chat or share or take any action or distribute of any Content on or through the Service, including without limitation any User Submission, that:
Entity or violates any law or contractual duty;
You know is false, misleading, untruthful or inaccurate;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by DoUpTo in its sole discretion;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
Contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of DoUpTo or any third party; or Breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.
DoUpTo does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. DoUpTo has no obligation to monitor the Site, Service, Content, or User Submissions.


9. Ownership and Intellectual Property
You shall not upload or chat or share or take any action or distribute of any Content or User Submission on or through the Service infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or third party.
By offering a service, the Seller asserts that the he has sufficient permissions to provide, sell or resell the service that he offers on the Site.
When the work is delivered, the Buyer is granted all intellectual property rights, including (but not limited) to copyrights for the work delivered from the Seller and the Seller waives any and all intellectual property rights and moral rights therein. In custom created work (such as art work, design work, report generation etc.), the delivered service shall be the exclusive property of Buyer. The Seller expressly agrees to assign to Buyer the copyright in any delivered services that do not meet the requirements of a work-for-hire under the U.S. Copyright Act. The Seller agrees that once the order is completed the Seller assigns along with it to the Buyer, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered service and waives any and all moral rights in connection therewith.
The Seller further asserts that whatever information he received from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer.
Take note that DoUpTo`s content is based on User Generated Content (UGC). DoUpTo does not check user uploaded/created content for violations of copyrights, trademarks or other rights.
Please report any suspected violations, and we will check and remove reported violating content.

10. Special House Categories
"I Dare You" Challenge
So you decided to place a challenge, Great idea!
Now, take a few minutes to understand the simple rules of this unique business platform;
In order to place your challenge, you need to fill out a simple form which includes; (1) all the regular info like title and description, and; (2) the price that you are willing to pay per person, and; (3) the number of participants you are willing to accept their challenge video/image and (4) the life time of your challenge.
After filling the form, the challenge is "ON" and potential participants are able to submit their video/image.
For each participant you can decide if you accept his video/image and from now on, we will call him a "Hero", and you can decline any of the participants and we will call him a "Wreck".
Deciding which product is accepted and which is not, is based on a preview of the video or a thumbnail of the image. In any case of declining a product, you will have to choose one of the reasons from the proposed menu. DoUpTo support team is permitted to overrule your decision and accept the final product.
If you accepted the participant product (video/image) - the pending funds which were deposited by you during the challenge submission will be transferred immediately to the participant and you will get access to the full version of the video/image.
If you declined the participant product (video/image) - money will not be transferred and you will not be able to access the full version of the video/image. Be aware that declined participant will be able to leave a comment and Rating on your profile for others to know if you were unfair.

"Good Will"
We enable the DoUpTo community to create a Good Will service or define a Charity Activity. Anyone can offer himself as an angle and suggest helping others for a small fee.
As a part of the "Good Will" spirit, and to help the world to be a better place, DoUpTo will not charge any commission for a "Good Will" service, meaning we will not receive any profit at all from the service and our commission will be zero.
If one uploads a "Good Will" service, and the DoUpTo team find it not to be a "Good Will", it will be moved to the correct category and all the "Good Will" rules will no longer apply to it. It is DoUpTo's sole description to determine whether the service is a "Good Will" or not, and the Seller will have no right to claim about it whatsoever.

11. Sellers Policy
General
DoUpTo is investing a lot to maintain and develop the platform. We are not doing it for free (except for the "Good Will" category which we see as charity). Therefore, we take our share from each DUT, as follow:
For a $5 DUT, we charge $1 (fair ah?!)
For a $10 DUT, we charge $2 (still fair ah?!)
For a $15 DUT, we charge $3 (we are getting better!)
For a $25 DUT, we charge only $4 (WTF?!)
For a $50 DUT, we charge only $5 (I am already sorry for that)
For a $75 DUT, we charge a ridiculous $6 (who wrote this?! I hope our CFO didn't see it…)
For a $100 DUT, we charge a tiny $7 (the house is on fire!)

 

Get Paid in DUTs

Receive DUTs instead of dollars as compensation for completed orders. The DUTs compensation option is the best solution in DoUpTo for sellers that want to work in the platform but have no verified PayPal account.

The option for sellers to be paid in DUT credits is located on the bottom of the “add service” page and appears as a check box marked “Pay me with DUTS” (check box also appears on the edit service page in “account”). Once checked, the seller will be paid only in DUT credits (with no exceptions).

Getting paid in DUTs and switching back to getting paid in Dollars via PayPal can be achieved by making the appropriate selection in the seller’s service under “edit” (same check-box that was mentioned above).


  • By checking or marking the box “Get paid in DUTs” the seller forfeits his right to receive the dollar currency as compensation for that service. By checking or marking the box “Get paid in DUTs", the seller acknowledges that he forfeits any legal right that he (the seller) might have to pursue any legal action towards DoUpTo or any other user connected to that service order that was compensated in DUTs due to the fact that the seller did not get paid in Dollars ("real money").


The DUT credits are equal to virtual money that can't be converted to "real money". Currently, it can be used only to purchase services on the DoUpTo platform. DoUpTo is keeping the right to add more conversion options for sellers in the future.  

 

IMPORTANT

  • 10,000 DoUpTo DUTs equals $1
  • Sellers that decide to receive DUTs as payment for a certain service will be paid in DUT credits for any order made for that service as long as the "Get paid in DUTs" check box is checked or marked.
  • If a seller edits a service and unmarks or unchecks the "Get paid in DUTs" checkbox, if an order was done for that service before it was unmarked, he will still be paid in DUTs.
  • DUTs that are received and or received as payment for services rendered cannot be converted to any other currency. Once DUTs, always DUTs.    

 

The Advantages for getting paid in DUTs

  1. DoUpTo platform use without PayPal
  2. Seller pays less commissions
  3. Quicker navigation and execution of orders

 

The most important thing on DoUpTo (and between us, in life as well…) is your word. So keep your promises and deliver on time.
Don’t request or provide Email addresses, Skype/IM usernames or any other personal contact details (Other than your name), and an alternative payment method. Please report to us immediately here DoUpTo Support, whenever you have been asked to do so from other users.
As any community platform, we strongly recommend to all users to use antivirus software. DoUpTo will not be responsible for damages of any kind caused by sharing or transferring content.

Promoted DUT's
You can promote your DUT with a "top-listed" ad in the Site.
This service is not for beginners. We recommend for you to start with the regular service page and to collect great reviews and rating.
But, as in other aspect of your life, money makes it a little bit easier.
If you desire, you can join the featured DUT service and enjoy more exposure and increase business.
Joining this service gives DoUpTo the permission to present your service as "top-listed". It will appear on the top of the page and will be highlighted.
Your DUT will still be presented in the regular list of DUT's.
DoUpTo charges double for orders coming from the "top-listed" ads. Perform your own calculation to check if the return on your investment is positive. You will have to decide if it is appropriate to use the “top-listed” feature for your service.
Just to make sure that we are on the same page here, you don’t have to use this service Even if you do in fact use this service, you still can receive traffic from your regular DUT page and for this traffic we charge our regular commission.

How can I Withdrawal my revenues
As a Seller, you may withdraw your revenues to your PayPal Account, according to the following terms:
In order to do business on DoUpTo you need to have a valid and active PayPal Account. Don’t forget to make sure that it is also set to receive incoming payments.
Your DoUpTo profile can only be associated with one PayPal Account. This association is permanent and can't be changed. If a user wants to connect more than one PayPal Account he must create more than one user on DoUpTo.
All of the Withdrawals are through PayPal Clearing System - That’s why they are final, cannot be undone and we will not be able to refund or change this process once it has started. Think before you act!
Be aware that PayPal is not working for free. They charge a fix rate together with a variable commission for each transfer. We recommend you to check for you fees, depending on your country and your withdraw method before you submit a service. You can do it here: http://paypal.com

How Can I Cancel My DUT
DoUpTo, in its sole discretion, allows the Seller to cancel his DUT in the following cases:
1. The Seller wants to cancel his DUT for any reason.
2. Both the Seller and the Buyer agrees to cancel the DUT (In case of mutual cancellation requests, the request will be automatically accepted up to 48 hours. If the request is unanswered, the non-responding user's rating will be reduced).
As we said before, DoUpTo is keeping the payments in "Pending Transaction" until both sides are happy. Therefore, upon cancellation (for any reason, the payment will be transferred back to the Buyer, with no charge or fee what so ever to any party.
Just to make clear- if you cancelled your DUT while there are orders in your queue, all the buyers that didn’t get their product will be able to comment on your page and rate your service. Therefore, in the case that you want to cancel a DUT, we recommend you to do this after you cleared and done all your orders.

Rating
DoUpTo is running a "top notch NASA technology level algorithm" to calculate a Seller`s Rating (or also known as feedback received from Buyers...) Obviously, we cannot reveal the algorithmic secret, but we can assure you that, if your DUT is good, your word is solid and people like your DUTs - then everything is cool.
As mentioned before, you can cancel your DUT whenever you want, but don’t forget - it will effect on your Seller's Rating (but if you will cancel the order together with the Buyer in a mutual agreement, and everybody is happy, this won't affect negatively on your Rating).
In the case of an "Unanswered Cancellation Request", this will reduce a non-responding user's Rating.

Intellectual Property
Once the DUT is fulfilled and paid for - the DUT no longer belongs to you. It belongs to the Buyer. When we say belong, we mean everything - including all Intellectual Property (Copy Rights, Trade Marks etc.), and all the other obvious stuff.

Seller`s Flow - Summary
When you are creating your DUT, don`t forget to fill all details and specify the delivery duration.
A notification e-mail will be sent to you when a Buyer orders your DUT.
After you receive an order from a Buyer, you can "Accept" it or "Decline" it.
When a Buyer clicked “Request a Cancel” you can choose "Accept" or "Decline".
If you choose to click “Decline”, the Buyer can choose “There’s a Problem”.
The "There’s a Problem" button, transfers the dispute to the DoUpTo support team and they will determine the appropriate course of action.
If the dispute approved by DoUpTo – the DUT will be cancelled and an email will be sent to both sides; the Buyer and the Seller, with an explanation. The money will return to the Buyer.
If the dispute declined by DoUpTo - a response will be sent to the Buyer and the money will transfer to the Seller.
Once you clicked “Done” and after 72 hours have passed, if there was no problem with the buyer you will receive the money in any case If the “There’s a Problem" key has been clicked by anyone - MONEY DOES NOT TRANSFER BETWEEN THE SIDES.
Once a DUT is complete, a Seller must use the "Done" key (Any other kind of notice will not be eligible) and then you can upload and place a link to your DUT in the input field for the link (We display an explanation how to generate such a link in the "YouSendIt", in the "DropBox", or in the FTP Sites etc.).

Big No No…
Don’t make any communications, information and files exchange outside the DoUpTo`s messaging system.
Don’t post or send any uncool stuff like copyright protected, spam, promotional adult, illegal, rude, abusive, improper, and violent or nonsense.

12. Buyers Policy
General
Buying a DUT requires a PayPal Account.
Don’t request or provide Email addresses, Skype/IM usernames or any other personal contact details (Other than your name), and an alternative payment method. Please report us immediately here DoUpTo Support, whenever you have been asked to do so from other user.
The DoUpTo team will support disputes and other issues, only if payments were done by using the DoUpTo clearing method.
Should you try to do any kind of illegal and/or immoral act regarding payments, we will be able to block, hold or ban your account for good, so please - be nice and respect other users and the DoUpTo Terms of Service.
You can approach and contact our customer support team here DoUpTo Contact Us for any problem, but we prefer that you will try and solve it directly with the Seller.
As any community platform, we strongly recommend to all users to use antivirus software. DoUpTo will not be responsible for damages of any kind caused by sharing or transferring content.

How Can I Cancel My Order
DoUpTo, in its sole discretion, allows the Buyer to Cancel his order and get his money back in the following cases:
1. The DUT was not provided on time.
2. The Buyer canceled his request from any reason, and received the Seller`s approval and consent.
3. The Buyer complained that the DUT is not as promised and DoUpTo checked the case and confirmed these claims.
If you have any complaint or correction to the DUT you received, you must file it within 72 hours, otherwise we will consider the DUT as a completed DUT.
If you wish to Cancel your order contact us here DoUpTo Contact Us at customer support, and complained that the DUT is not as promised and DoUpTo will check the case and confirmed these claims.

Intellectual Property
Once the DUT is fulfilled and paid for, the DUT belongs to you! When we say belong, we mean in everything, including all Intellectual Property (Copy Rights, Trade Marks etc.), and all the other obvious stuff.

Buyer`s Flow - Summary
When you will create a DUT order, an order notification e-mail will be sent to the Seller.
You have the option to cancel the DUT as long as the order is still Pending.
You do not have the option to cancel your order after the Seller clicks to "Accept" or "Decline" the order.
After the delivery time the Seller promised has passed, you can “Request a Cancel”.
If the Seller clicked “Declined” you can choose “There’s a Problem”. You must have a “Problem Description”.
If the dispute is determined to be “Problem Approved” by DoUpTo – the DUT will be canceled and an email will be sent to both sides; the Buyer and the Seller with an explanation. The money will return to the Buyer.
If the dispute is determined to be “Problem Declined by DoUpTo” - a response will be sent to the Buyer and the money will be transferred to the Seller.
If 72 hours passed and the Seller didn’t respond – you can choose “There’s a Problem”
If you click “Completion Approval” - the “There’s a Problem” will appear only for the next 72 hours.
If the “There’s a Problem" key has been clicked - MONEY DOES NOT TRANSFER BETWEEN THE SIDES.

13. Shipping
In cases in which the Seller is uploading a DUT that requires shipping and delivery to the Buyer and cannot be delivered online, Sellers may decide to add additional price for shipping and delivery. Sellers can add shipping prices for local and for international shipping. The Seller can add both or only one shipping payment and can also be kind and take responsibility for the charge by himself. The DoUpTo Service supports all options.
When a Buyer orders a DUT that needs to be delivered physically by the Seller, he will be required to provide a shipping address of course. The Seller will be the sole responsible party for the actual shipping procedure and handling once the Buyer supplies the shipping address. DoUpTo does not handle or guarantee shipping and shall not be responsible or liable for any damages or other problems caused, directly or indirectly, from delivered items and their shipping.

14. Termination
DoUpTo may permanently blocked or put your account "on hold" or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information, content, and content submission associated with your membership. While your account is blocked or "on hold" or terminated, you will not be able to trade. If you wish to terminate your account, you may do so by following the instructions on the Site. Withdrawing funds in case of a blocked or terminated account with positive balance - is subject to DoUpTo`s sole decision. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. Disputes
Need to solve a problem of any kind? Click here DoUpTo Support and you will be brought to the DoUpTo's customer support page or contact DoUpTo customer support (Add Contact Us tab) for assistance. Before doing that, take a note that we encourage our users to try and settle disputes amongst themselves. If for any reason this fails, don`t hesitate to contact us as.

16. Warranty Disclaimer
Save to the extent required by law, DoUpTo has no special relationship with or fiduciary duty to you. You acknowledge that DoUpTo has no control over, and no duty to take any action regarding the Site.
You release DoUpTo from all liability for you having acquired or not acquired the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. DoUpTo makes no representations concerning any Content contained in or accessed through the Service, and DoUpTo will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SITE, SERVICE, AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
DOUPTO DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE WEBSITE, SERVICE, AND CONTENT IS SOLELY AT YOUR OWN RISK.

17. Indemnification
You shall defend, indemnify, and hold harmless DoUpTo, its affiliates, employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, and Content, or otherwise from your User Submissions. violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of DoUpTo). DoUpTo reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with DoUpTo in asserting any available defenses.

18. Limitation of Liability
ALL LIABILITY OF DOUPTO, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, AND USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF DOUPTO, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
IN NO EVENT SHALL DOUPTO, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT DOUPTO, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, AND USER SUBMISSIONS FOR:
INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
LOSS OF ACTUAL OR ANTICIPATED PROFITS;
LOSS OF REVENUE;
LOSS OF GOODWILL;
LOSS OF DATA;
LOSS OF ANTICIPATED SAVINGS;
WASTED EXPENDITURE; OR
COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:
DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY;

19. Compliance with Applicable Laws
You hereby acknowledge that you are obligated to adhere with any and all applicable laws, including, without limitation, regarding Intellectual Property, Privacy and Spam or unsolicited e-mail communication, including without limitation the CAN-SPAM Act of 2003 (15 U.S.C. 7701) and the Digital Millennium Copyright Act of 1998.

20. Governing Law
These Terms of Use shall be solely governed by and construed in accordance with the laws of the State of Israel. With no effect to its choice-of-law rules and the sole jurisdiction shall be vested in the competent courts of Tel-Aviv-Jaffa district in Israel. The provisions of this Section shall survive the expiration or termination of this Terms of Use, for whatever reason.

21. Integration and Severability
These Terms of Use are the entire agreement between you and DoUpTo with respect to the Service and use of the Site, Service, Content, and User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and DoUpTo with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

22. Miscellaneous
DoUpTo shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DoUpTo's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sub licensable by you. DoUpTo may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given.

23. Contact Us
At this moment and any other moment of the day, the DoUpTo team members are always with one mission on their mind - to support you.
Should you have any kind of problem, please feel free to contact us here, and yes, you can contact us even if you think that we cannot help you - you wouldn't believe what we can do for you.
You may contact us at the following address - info@doupto.com

Effective Date: August 15, 2011

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DoUpTo™, DUT™, DUTs™, I Dare You™, DoUpTo graphics, DoUpTo Giraffe Icon, DoUpTo logos, scripts, terms of use, privacy statement, instructions, designs and other service names are the trademarks and copyright of DoUpTo LTD