Terms & Conditions

Last Revised: Feb 24, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

DDN LLC (hereafter DDN) reserves the right to change or modify these Terms at any time in its sole discretion and without prior specific notice to you. DDN will change the “Last Revised” date at the top of these Terms when such changes or modifications are made, which shall be effective immediately. Your continued use of the DDN App will indicate your acceptance of such changed or modified Terms.

DDN reserves the right, in its sole discretion, to modify, suspend, or cancel the App or any portion of the App or Services without prior notice to you, and to block or prevent your future access to, and use of, the App.

1. ELIGIBILITY

By accessing or using the App, you represent and warrant that you have not previously been suspended or removed from the App. You represent and warrant that you will not use the App if the laws of your country prohibit you from doing so in accordance with these Terms.

2. PRIVACY POLICY

Please refer to our Privacy Policy for information about how DDN collects, uses and discloses information about its users.

3. COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated on the App, the App and all content and other materials on the App, including, without limitation, the DDN logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “DDN Materials”) are the proprietary property of DDN or its licensors or users and are protected by Indian and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the App and DDN Materials subject to these Terms. Except as expressly permitted on the App, in these Terms or otherwise in writing by DDN, such license does not include: (a) any resale or commercial use of the App or the DDN Materials; (b) the distribution, public performance or public display of any DDN Materials; (c) modifying or otherwise making any derivative uses of the App and the DDN Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the App, the DDN Materials or any information contained therein; or (f) any use of the App or the DDN Materials other than for its intended purpose. Any use of the App or the DDN Materials other than as specifically authorized herein, without the prior written permission of DDN, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

4. COPYRIGHT COMPLAINTS

If you believe anything on the App infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Email Address of Designated Agent: dedungana@gmail.com

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

5. USER CONTENT

The App may include interactive areas or services (“Interactive Areas”) in which you or other users may create, post, send or store ads, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code, links or other items or content on the App (“User Content”). By using the App, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the App any of the following:

a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;

b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

c. User Content that may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;

d. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

e. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

f. Viruses, corrupted data or other harmful, disruptive or destructive files; or

g. User Content that, in the sole judgment of DDN, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, the App, or which may expose DDN, to any harm or liability of any type.

DDN does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DDN liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. When you participate in Interactive Areas, you understand that certain information and content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of the App and the Interactive Areas and use them at your own risk.

If you become aware of User Content that you believe violates these Terms, you may report it by emailing dedungana@gmail.com. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the App will not contain any content that is prohibited by the Terms. Although DDN has no obligation to screen, edit or monitor any of the User Content posted on the App, DDN reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the App at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the App at your sole cost and expense. Any use of the App in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the App.

Except as otherwise provided herein, on the App or in a separate agreement, DDN claims no ownership or control over any User Content. However, if you post User Content to the App, you grant DDN a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on our websites and on third-party sites. This license will terminate when you remove your User Content, except that the license will continue with respect to any off-site uses that have already been made and any cached or archived uses that may still exist when User Content is removed. By posting User Content, you hereby release DDN and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.

By posting User Content to the App, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content and to grant the rights to DDN that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this App, does not, and will not, violate these Terms or any applicable law, rule or regulation.

6. REPEAT INFRINGER POLICY

In accordance with the local applicable laws, DDN has adopted a policy of terminating, in appropriate circumstances and in DDN’s sole discretion, users who are deemed to be repeat infringers. DDN may also, in its sole discretion, limit access to the App and/or terminate the Account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

7. TRADEMARKS

“DDN,” “De Dunga Na,” the DDN logos and any other DDN product or service name, logo or slogans contained in the App are trademarks or service marks of DDN (the “DDN Marks”) and may not be copied, imitated or used, in whole or in part, except as expressly permitted in these Terms or on the App or with the prior written permission of DDN. You may not use any metatags or any other “hidden text” utilizing any DDN Marks without our prior written permission. In addition, the look and feel of the App, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DDN and is part of the DDN Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission except as expressly permitted herein or on the App. All other trademarks, registered trademarks, product names and company names or logos mentioned in the App are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the written permission of the applicable trademark holder. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

8. HYPERLINKS

You are granted a limited, non-exclusive right to create a text hyperlink to the App, provided such link does not portray DDN or any of our App in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any DDN Marks or other proprietary graphic of DDN to link to the App without the express written permission of DDN. Further, you may not use, frame or utilize framing techniques to enclose any DDN trademark, logo or other proprietary information, including the images found on the DDN, the content of any text or the layout/design of any page or form contained on a page of the App without DDN's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of DDN or any third party.

9. THIRD PARTY CONTENT

DDN and its users may provide third party content on the App and may provide links to web pages and content that are not owned or controlled by DDN, including but not limited any third party advertisements or promotions (collectively the “Third Party Content”) as a service to those interested in this information. DDN does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that DDN is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. DDN is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the App.

10. FEEDBACK

You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding DDN or the App (collectively, “Feedback”) that are provided by you, whether by email, posting to the App or otherwise, are non-confidential and will become the sole property of DDN. DDN will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless DDN, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the App; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the App. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

12. DISCLAIMER OF WARRANTIES

DDN PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE APP OR THE DDN MATERIALS. THE APP AND DDN MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DDN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE APP AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. DDN DOES NOT REPRESENT OR WARRANT THAT DDN MATERIALS OR THE APP ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE DDN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE APP SAFE, DDN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE APP OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

DDN reserves the right to change any and all content contained in the App at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by DDN.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL DDN, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APP, THE DDN MATERIALS OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APP, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DDN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DDN'S RECORDS, PROGRAMS OR APP. IN NO EVENT WILL THE AGGREGATE LIABILITY OF DDN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APP EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DDN FOR ACCESS TO OR USE OF THE APP. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

14. MODIFICATIONS TO THE APP

DDN reserves the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice. You agree that DDN will not be liable for any modification, suspension or discontinuance of the DDN or any part thereof.

15. APPLICABLE LAW AND VENUE

These Terms and your use of the App will be governed by and construed in accordance with the laws of Maharashtra, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms not subject to arbitration (as set forth below), will be filed only in the state and federal courts located in Mumbai, Maharashtra and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

16. ARBITRATION

This Agreement shall be governed and interpreted by, and construed in accordance with the laws of India.

Any and all disputes or differences between You and DDN arising out of or in connection with these Terms or relating to the App including any question regarding validity or termination, shall be referred to and finally settled by arbitration under the Arbitration and Conciliation Act, 1996. The seat of the arbitration shall be New Delhi and arbitration proceedings shall be conducted in English. The rights of DDN shall remain in full force and effect pending the award in such arbitration proceeding, which award, if appropriate, shall determine whether and when any termination shall become effective.The number of arbitrators shall be 3, with each Disputing Party nominating 1 arbitrator each and the third shall be appointed jointly by other 2 arbitrators, who shall be the chairman of the arbitral tribunal. Subject to the arbitration procedures contained herein, the courts at New Delhi shall have exclusive jurisdiction to entertain and dispose of any proceedings arising out of or from or relating to these Terms of the App.

17. SURVIVAL

Sections 5 (User Content), 7 (Trademarks), 9 (Third Party Content) ,10 (Feedback), 11 (Indemnification), 12 (Disclaimer of Warranties), 13 (Limitation on Liability), 15 (Applicable Law and Venue), 16 (Arbitration), this Section 17 (Survival) and Section 18 (Severability) will survive any termination or expiration of these Terms.

18. SEVERABILITY

Any provision of these Terms, which are deemed unlawful, invalid or unenforceable, shall be ineffective to the extent of such invalidity or unenforceability, without affecting in any way the remaining provisions of this Agreement.