1. Evaluation License
2. Definitions
3. Changes to Terms
4. Products
5. Site
6. Accounts and Registration
7. License
8. Limitations
9. Bugs and Errors/Updates
10. User Content
11. Release: User Content
12. Limited License to DUBL^®: User Content
13. Payment
14. No Returns
15. Eligibility
16. Linked Accounts
17. Your Representations and Warranties
18. Assignment of Improvements
19. Refusal to Provide Products
20. Copyright
21. Trademarks
22. Intellectual Property Violations
23. Relief for Breach
24. Business Partners
25. Links/Third-Party Products
26. Electronic Communications
27. Indemnity
28. U.S. Government Restricted Rights/Export Restrictions
29. Disclaimers and Limitations on Liability
30. Choice of Law/Applicable Laws
31. Notices
32. General Terms

These Terms, including our Disclaimers and Privacy Policy, apply equally to any evaluation license or free trial period. If you are using our Products for testing purposes, for evaluation purposes, or under a free trial period, your use of our Products is only permitted for the stated time period. Such evaluation or free trial period is provided “AS-IS” without indemnification, support, or warranty of any kind, expressed or implied.

1. “Business Partners” are individuals or companies with whom we enter into agreements to assist with distributing our Products, to process payments, to analyze traffic, and to communicate with you.
2. “Claim” or “Claims” means any disagreement, controversy, dispute, demand, cause of action, litigation, or other legal proceeding, in equity or law, whatsoever.
3. “Information,” means any of our materials on our Site and in our Products, whether text, audio, visual, or audio-visual.
4. “Intellectual Property” has its commonly understood meaning and includes, without limitation and by way of example only, (i) all ideas reduced to a tangible expression, industrial property, moral rights, discoveries, concepts, work, or inventions that are the result of creativity, including, without limitation, patents, trademarks, copyrights, trade dress, and trade secrets, whether or not registered or registrable, (ii) confidential and proprietary information, and know-how, and (iii) publicity and privacy rights.
5. “Jurisdiction” for any Claims related to these Terms or the subject matter herein means the Colorado, U.S.A. county in which DUBL®, Inc. has its principal place of business.
6. “Law” or “Laws” means all applicable federal, state, and local statutes, rules, regulations, ordinances, and related case law.
7. “Linked Account” means an account that you may have with a third-party website or social networking service from which account you are able to link to our Products, including our Site.
8. “Personal Data” is defined differently depending where you reside. If you reside in the United States, to the extent appropriate under applicable Laws, Colorado Law controls in these Terms. In the event you are located in the European Union/European Economic Area (“EU/EEA”), Personal Data will be defined by the applicable Laws where you reside, however, these Laws shall not over-ride the subject-matter and personal Jurisdiction of Colorado, U.S.A. as defined herein.
9. “Products” means any and all offerings from us to you, including without limitation, our Site, Information on such Site, games, including, any and all downloadable or cloud-based software or applications, merchandise, and other products or services we may offer or provide at any time by free download, evaluation license, sale, lease, license, subscription, or otherwise.
10. “Site” or “Website” means https://www.DUBL.app and all pages associated with this domain name, and any other DUBL^® Internet websites and our affiliates’ Internet websites, excluding User Content.
11. “User Content” means any information or material provided by you to us in any form or format and through any media or medium and may include Personal Data, video uploaded to our Site or linked/uploaded to our social media (e.g., our Instagram account @https://Instagram/DUBL_app).

We reserve the right to change our Terms, our Products, and our other policies and agreements at any time in our discretion. The most current version of our Terms is available on this page of the Site and shall replace all previous versions. Any revision will have a new “Updated on” date at the beginning of these Terms. Your only recourse, if you disagree with our Terms, is to discontinue your access and/or use of our Products. Where appropriate, you will be notified of changes to these Terms by e-mail or when you next access our Site or Products. The new Terms may be displayed on-screen and you may be required to read and accept the updated Terms.

We will use industry-standard procedures to develop and manufacture, and to distribute, license, lease, or sell, our Products. Please consult our Disclaimers. Products may include, without limitation:

• Access to the https://DUBL.app Site and all related pages,
• Access to cloud-based software as a service and/or downloadable software, and mobile applications, and
• Merchandise.

We make no promise to continue to provide our Products and may cease to offer, support, maintain, or update our Products in our sole and exclusive discretion, which shall not be a breach of this or any other agreement we may have with you.

Our Site is merely informational in nature. We may make changes to the Site at any time without notice to you, however, we make no commitment to update the Site for any reason. In addition, Information on the Site may be out of date, inaccurate, incomplete, or contain errors or omissions. Any changes or failure to make updates shall not be considered evidence of improper action, a breach of these Terms, or grounds for an actionable Claim, including attorneys’ fees and costs, against us. Further, the Site shall not form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. Information published on the Site may refer to Products that are not available in your location. We are not responsible for any User Content on our Site, whatsoever.

Access to our Site does not require an account. You may be required, however, to register for an account to access, download, and/or use our Products. When you register for an account, you may be required to provide us with some Personal Data (such as your name, e-mail address, credit card information (to license a Product), and/or mailing address). You agree that the Personal Data you provide to us is accurate. When you register, you may be asked to create a user name and/or password. If so, you are solely responsible for maintaining the confidentiality of your login information. You agree to accept responsibility for all activities that occur under your account. You may not use anyone else’s user name, password, or account at any time. We cannot and shall not be liable for any loss or damage arising from your failure to comply with these obligations. We may need to change your chosen user name in certain circumstances, e.g., if another user has already selected your chosen user name. For more information on our use of Personal Data, please consult our Privacy Policy.

Subject to these Terms and any fees we charge (if any) to download our Products, we grant you a terminable, worldwide, non-exclusive license to use our Product solely for its intended purpose(s).

1. We retain all Intellectual Property contained in our Products. Any unauthorized use of our Products may violate Intellectual Property and other applicable Laws.
2. We do not grant to you any further license to access, copy, reproduce, modify, prepare, or create Derivative Works of, publicly display, publicly perform, sublicense, transfer, assign exploit, or distribute our Products, except that you may freely use your own User Content and your own photographic stills, audio, video, or audio-video media that you create using the DUBL^® software application on social media.
3. For clarity, you agree, warrant, and represent that you will not, without our prior written permission,
   1. Use any of our Products except as permitted in these Terms,
   2. Copy, modify, improve, revise, or create Derivative Works based on, our Products,
   3. Reverse assemble, compile, disassemble, re-engineer, or reverse compile the whole or any part of our Products,
   4. Sub-license or distribute any of our Products,
   5. Remove any Intellectual Property ownership or management information from our Products, including, without limitation, patent, trademark, copyright, and/or other restricted rights notices incorporated into our Products,
   6. Use our Products for any illegal purpose whatsoever, or in violation of applicable Laws,
   7. Provide, post, upload, or distribute any User Content that violates a third party’s legal rights, is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate,
   8. Interfere with our Products or any third party’s use of our Products in any manner,
   9. Use our Products to make unsolicited offers or advertisements to third parties,
   10. Use our Products to attempt to collect Personal Data about third parties without their consent,
   11. Circumvent, remove, alter, deactivate, degrade, or thwart any of our Product content protections,
   12. Frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed on our Products without our express written consent,
   13. Purchase search terms or use any metatags or any other “hidden text” utilizing our names or trademarks without our express written consent,
   14. Attempt to hide your identity, or
   15. Use any robot, spider, automated technology, device, or manual process to monitor or copy our Products or use any of the same to interfere, or attempt to interfere, with our operations.
4. You may not attempt to develop your business through use of any part of our Intellectual Property except as otherwise permitted by this Agreement. You shall not, directly or indirectly, anywhere throughout the world, present, develop, manufacture, produce, market, sell, or provide any product or service that uses any concepts, formats, presentation methods, terminology and/or other Intellectual Property owned by us or that is specifically derived from or attributable to our property.
5. Nothing in these Terms should be construed as conferring by implication, estoppel, or otherwise, any license or right to you to our Intellectual Property except as specifically granted herein.

We agree to (a) provide updates to our Products to the extent errors or bugs are discovered, (b) notify you of any material errors reasonably discovered, i.e., those errors that that would cause our Products to fail in their intended purposes, and (c) if such errors are not capable of being repaired, we will reasonably provide notice to you. Your sole remedy for our failure to repair a material error is to stop using our Products. Failure to repair bugs or errors is not a breach of these Terms.

You grant us permission to install upgrades, updates, and improvements to Products that are purchased, licensed, downloaded for free, used for evaluation, or leased from us in our sole reasonable discretion.

For clarification, User Content includes, without limitation, photographic stills, text, audio, video, and audio-video media. It may be commentary or a testimonial or a video taken using our software. It may include an image or your name. It may include images or audio of third parties. You are solely responsible for any User Content you provide to us and hold us harmless, and indemnify us, for any liability, including attorneys’ fees and costs, arising as a result of the content of such User Content whatsoever. If you post video of a third party, make sure you have his/her consent to post that image.

Any views or opinions expressed in any User Content and displayed on our Site or elsewhere do not necessarily state or reflect our views or opinions.

Your sole and exclusive remedy for your or any third party’s loss or damage to, or caused by, User Content will be for us to identify the User Content as having been provided by you to us. We do not maintain, backup or otherwise retain User Content on your behalf.

You hereby release, discharge, and agree to save DUBL®, Inc., as well as our affiliates and Business Partners, harmless from any liability whatsoever for any Claims, including attorneys’ fees and costs, by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in our use of User Content, as well as any publication thereof, including, without limitation, any Claims for libel, false light, or invasion of privacy.

By providing us with any User Content, you hereby grant us a royalty-free, nonterminable, world-wide license to view, copy, report on, commingle, and otherwise access and use User Content (a) to provide Products requested by you, and (b) to post such User Content on our Site or social media pages for any purpose(s), and (c) for any commercial, analytical, or statistical purposes, alone or in combination with other content, whatsoever, and in any form and format. This license shall continue unless terminated by notice to us from you, whereupon we shall pseudonymize or anonymize your User Content on our Site and on any social media within ninety (90) days of your notice of termination. We shall not be required to remove, alter, or collect User Content published or distributed and not under our control prior to your notice of termination.

Except as permitted herein, we will not aggregate, monetize, or otherwise use your Personal Data for commercial, analytical, or statistical purposes in any manner that would allow third parties to associate such Personal Data with you. For further information, please consult our Privacy Policy.

We may, now or in the future, allow you to make payments (“collectively “Payment”) to us for our Products. You agree that we may bill charges through the Payment method specified in your account or as otherwise specified by you, for example, a credit card. You authorize such credit card account to pay any amounts so paid or contributed by you and authorize us and our authorized payment processor (a Business Partner) to charge all sums described and authorized to such credit card account. You agree to provide us, or our Business Partners who process your Payment, with updated information regarding your credit card account upon our request and any time the information earlier provided is no longer valid. We enter into agreements with third-party processors requiring Personal Data to be maintained as confidential. To the extent we have knowledge of any request for disclosure of your Personal Data relating to Payments to a governmental authority or legal process, we will notify you at your last-known address.

If we charge for our Products, any Payment is NONREFUNDABLE and is due prior to the delivery of any Products to you. Payment is due in U.S. dollars (USD) and you are responsible for any conversion charges to USD.

Downloaded Products are not returnable.

Our Site may be accessed by children, but we do not knowingly allow children to purchase, license, or lease Products or to provide User Content without parental permission. You must be the age of majority in the jurisdiction in which you reside.

By agreeing to these Terms, you represent and warrant to us that: (a) you are the age of majority in your jurisdiction, or are not under eighteen (18) if you reside in the U.S., and are competent to agree to these Terms; (b) you have not previously been suspended or removed from using our Products; and (c) your use of our Products is in compliance with any and all applicable Laws. If you are using our Products on behalf of a company or organization, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization as well as others acting on behalf of all that organization.  

We may, now or in the future, permit you to register for an account, to provide User Content, or to purchase, license, or lease our Products through certain Linked Accounts. By using a Linked Account, you agree that we may access and use any account information from the Linked Account that you have configured to be made available to third parties in this manner, and you agree to the Linked Account’s terms of use regarding your use of our Site through that Linked Account. If you have reason to believe that your account is no longer secure, you must immediately notify us at legal@DUBL.app. You may alter our access permissions by changing the settings on your Linked Account.

1. You affirm, represent, and warrant that:
   • You are the creator and owner of, and/or have the necessary licenses, rights, consents, and permissions to use User Content in order for us, and our Business Partners, to exercise the license granted by you herein and in the manner contemplated by these Terms,
   • To the best of your knowledge, all User Content is true and accurate and transmission thereof to us does not violate any applicable Laws where you reside,
   • User Content does not and shall not: (i) infringe, violate, or misappropriate any third-party right, including any Intellectual Property or other proprietary right, or (ii) slander, defame, harass, or libel any third party, and
   • You will comply with all Terms herein.
2. In addition to all other warranties and indemnifications in these Terms, you hereby indemnify and hold us harmless from all Claims and liability, including attorneys’ fees and costs, related to your breach of the representations and warranties in this Section (including subsections).

In the event you think of or create any Derivative Works, modifications, improvements, or revisions based upon or derived from our Products (collective “Derivative Works”), you agree: (a) to promptly notify us of any such Derivative Works, providing all appropriate information for us to develop and utilize such Derivative Works by contacting legal@DUBL.app, and (b) without the necessity of further agreement, to assign to us all rights, title, and interest in any such Derivative Works. You agree to promptly execute all documents, prepared at our expense, that are reasonably necessary to reflect this assignment without any further consideration.

You understand and agree that we have the right to refuse to provide Products to you or any other individual for any reason in our sole discretion except as otherwise disallowed by applicable Laws. We also have the right to remove or delete any User Content you provide to us (directly or through our social media or through any link to our social media (e.g. using “@” or “#” with our Marks) without notice to you. Such refusal shall not be a breach of these Terms or any other agreement with you and shall not subject us to any liability for Claims, including attorneys’ fees and costs, without limitation, even if you suffer damages.

Our Products are copyrighted and owned solely by us or are used by us under license from a third party. Your unauthorized use of our Products, in whole or in part, may violate U.S. Copyright Laws, as well as other applicable Laws. You may not use our copyrighted materials, excluding your uploaded User Content, without our written permission.

We own the following trademark(s) and trade name(s) (“Marks”), whether registered in the U.S., elsewhere in the world, or utilized at common law:
DUBL^®
DUBL®, Inc.

This list may not be complete and we may own additional Marks that are not listed herein. If you have questions about our Marks, please contact legal@DUBL.app. You may not use any of our Marks without our written permission. Notwithstanding, if you wish to post User Content resulting from the use of our Products on your own social media or website, you may use #DUBL or @DUBL in that post.

In the event you believe your Intellectual Property rights have been violated, please contact legal@DUBL.app and provide us with all of the following information:

1. Your, or your authorized agent’s, physical or electronic signature as the Intellectual Property owner;
2. Identification of the Intellectual Property claimed to have been infringed or, if multiple materials are infringed, identification of a representative list of such works, including a link to the original work and any registration certificates if available;
3. Identification and location of the infringing material on our Products;
4. A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by you, as the Intellectual Property owner, your agent, or the Law; and
5. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the Intellectual Property owner (if filed by an agent).

Note, we require all of the above information. If you send us incomplete information, we will not be able to process your request. We will return your request, indicating what information is missing by checking one or more of the boxes as detailed above.

We reserve all rights and remedies at law and equity in the event you breach any of these Terms or violate our rights in any manner. You agree that we may proceed with such injunctive or other equitable relief without the necessity of posting a bond as may be available to prevent your breach and, in addition, may pursue an action to recover damages. You agree that if you have cloned or are using a clone of our Products (including, without limitation, our Site), in whole or in part, or have intentionally or recklessly misutilized our Products for yourself or a third-party in violation of any Laws, for any reason, you shall be liable for all damages incurred by us, any profits you have earned through such breach (without duplication), and you may be subject to an injunction to prevent further breach. We may also terminate your ability to use our Products, without reimbursement for Payments made to us, for any breach of these Terms.

We may have agreements with other individuals or companies (“Business Partners”), which partners may change without notice. We do not grant you any rights to further use our Business Partners’ names or trademarks without their prior written permission. For information regarding Personal Data that may be shared with our Business Partners, please consult our Privacy Policy.

Any reference or link to another company, website, product, or service does not constitute or imply any ownership, sponsorship, endorsement arrangement, or any other relationship with us. We make no representation regarding these third parties and have no control over how third parties use information, their use of “Cookies,” or the safety of content on their websites. Please consult our Privacy Policy and the information regarding Linked Sites in that policy. Should you be directed to a third-party website, we disclaim any and all liability whatsoever (as more specifically detailed by our Disclaimers). Should you have any questions regarding these third parties or the information shared, please contact legal@DUBL.app.

1. For Site visitors or Product customers located outside of the EU/EEA, by accessing our Site and/or downloading, licensing, accessing, or using our Products or contacting us for further information, you consent to receiving our electronic communications.At this time, our Products are not offered for download in the EU/EEA. For visitors located within the EU/EEA, we will not contact you except as detailed in our Privacy Policy.
2. All recipients of communications from us will be provided with an option to opt out of communications from us in each communication.
3. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically shall satisfy all legal communication requirements, including that such communications be in writing. Should you wish to opt out of e-mail communications, except for legal notices, please let us know by contacting unsubscribe@DUBL.app. We will remove your e-mail from our database for such e-mails within a reasonable time period. Notwithstanding, our delay in complying with your opt-out request shall not be considered a breach of these Terms.

In addition to all other indemnification detailed in these Terms, you agree to hold harmless and indemnify us from and against any third-party Claims, including attorneys’ fees and costs, arising in any way from your acts or omissions that cause damage or injury to such third party.

In the event our Products are being provided to the U.S. government or a quasi-governmental entity, the following applies:

• SOFTWARE AND TECHNICAL DATA PROVIDED WITH RESTRICTED RIGHTS. If DUBL®, Inc. products are used on behalf of a U.S. government agency or quasi-government agency, DUBL’s Terms of Use located at https://www.DUBL.app/TermsofUse and https://DUBL.app/PrivacyPolicy (collectively referenced therein as “Terms”) constitute the entire agreement between the government agency and DUBL® and are binding on government clients in accordance with the policy stated at FAR Sec. 12.211 (for data) and 12.212 (for computer software) (nondefense agencies) or DFAR 227.7202-1 and 227.7202-3 (for defense agencies). DUBL® software and related products are commercial items, developed at private expense, and not under a government contract. Pursuant to FAR 12.212 (for nondefense agencies) and DFARS 227.7202-1 and 227.7202-3 (for defense agencies), the government’s rights in such software and related products are limited to those rights granted in DUBL’s Terms or as may otherwise be agreed upon by separate, signed, license agreement.

You shall provide us with prompt notice of government inclusion. You warrant and represent that you shall not export or transmit our Products or technical data to any country to which such export or transmission is restricted by any applicable U.S. Laws, without our prior written consent and, if required, the consent of the Bureau of Export Administration of the U.S. Department of Commerce or such other governmental entity as may have jurisdiction over such export or transmission. You agree to indemnify and hold us harmless from any Claims whatsoever, including, but not limited to, attorneys’ fees and costs, arising from your breach (directly or indirectly) of this Section.

1. Except as specifically detailed in our Terms, our Products shall not form the basis of, or be relied upon in connection with, any additional contract or commitment whatsoever.
2. Except as provided herein, our Products are provided “AS IS” and “AS AVAILABLE” without any warranties, express or implied. You understand and agree that use of our Products involves some risk. If you are using DUBL® software to take videos on a mobile device, do not watch the mobile device if you are involved in any other activity, including, but not limited to, walking, running, operating a motor vehicle, bicycle, skateboard, scooter, or other electronic or human-powered equipment. DOING SO COULD RESULT IN SERIOUS INJURY. Accordingly, you hereby assume all risks of use, whatsoever, and waive any rights of action against DUBL®, as a result of any injury or condition that may result from such use, and hold DUBL® harmless and release us from any and all Claims, including attorneys’ fees and costs, arising out of any damage, loss, or injury to you, your family members, heirs, and successors, whether such loss, damage, or injury results from our negligence or from any other cause.
3. TO THE EXTENT PERMITTED BY LAW, DUBL® EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) WARRANTIES OF MERCHANTABILITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) EXPECTED OR INTENDED RESULTS, AND (iv) NON-INFRINGEMENT. WE DISCLAIM ANY AND ALL LIABILITY FOR YOUR INABILITY TO USE OUR PRODUCTS FOR ANY REASON.
4. WE DISCLAIM ANY AND ALL LIABILITY REGARDING THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF OUR PRODUCTS.
5. IN NO EVENT SHALL DUBL®BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHATSOEVER, WITH RESPECT TO, OR RESULTING FROM, OUR PRODUCTS.
6. IN THE EVENT PRODUCTS ARE PURCHASED OR USED IN A JURISDICTION THAT DOES NOT PERMIT ALL OR A PART OF THESE DISCLAIMERS, THE MAXIMUM AMOUNT RECOVERABLE FOR ALL CLAIMS RESULTING IN A FINAL JUDGMENT, WHETHER BROUGHT AT ONCE OR SEPARATELY OVER TIME, SHALL BE RESTRICTED TO THE PURCHASE PRICE OR LICENSE FEE PAID FOR THE PRODUCT (FOR USE ON A SINGLE DEVICE) AT ISSUE AND SHALL ONLY BE AVAILABLE TO THE PERSON WHO CAN PROVE HE/SHE/IT MADE THE PURCHASE FROM US OR ONE OF OUR RESELLERS.

Unless otherwise agreed upon or specified herein, you agree that any legal problems or issues arising as a result of our Products, User Content, or these Terms are subject to the Laws of the State of Colorado, U.S.A., unless U.S. Federal laws apply, without giving effect to any principles of conflict of laws. Jurisdiction shall only be appropriate in the Colorado state courts in the county in which DUBL®, Inc. has its principal place of business or the U.S. District Court of Colorado over matters concerning Products. Further, you and DUBL® expressly and irrevocably consent to the personal and subject matter jurisdiction and venue in these courts for any Claim made relating to these Terms and/or our Products. You also agree that, unless against the applicable Law in the Jurisdiction, you shall only assert Claims against DUBL® in an individual (non-class, non-representative) basis, and that you shall not seek or agree to serve as a named representative in a class action or seek relief on behalf of anyone other than yourself.

We administer our Products from our offices in Colorado, USA. We make no representation that our Products are appropriate or available for use in your jurisdiction, and access to our Products from territories where its content is illegal is prohibited. If you choose to access, download, license, lease, purchase, and/or use our Products from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws.

Any notice, request, demand, or other communication required under these Terms must be in writing and will be deemed sufficiently given upon delivery if mailed by U.S. mail, postage pre-paid or by hand delivery. All such notices will become effective on the date of receipt.

Any notice to DUBL® should be provided to:

DUBL®, Inc.

9482 S. Garden Court

Highlands Ranch, Colorado 80126

Telephone: xxx

Questions or comments regarding these Terms may be sent to:

support@DUBL.app

• (for questions regarding our Products)

legal@DUBL.app

• (for legal issues or questions regarding these Terms (including our Privacy Policy)

1. Reservation of Rights. All Intellectual Property contained within our Products remains our exclusive property. We reserve all rights not expressly granted to you.
2. Assignability. We may assign all or part of our rights under these Terms in connection with a merger, acquisition, asset sale, operation of Law, or otherwise without notice to you. You may not assign any of your rights or obligations under these Terms
3. Entire Agreement. These Terms constitute the entire understanding and agreement between you and DUBL®, Inc. with respect to the subject matter covered herein and supersede all other prior agreements, understandings, or statements, written or oral, by or between us, if any, with respect to such subject matter. Notwithstanding, these Terms may be amended by us in our sole and exclusive discretion on notice by posting the most recent version of these Terms on our Site and notification to you if you have an account/registration with us.
4. Claims. In the event you have knowledge of any Claim made by a third party against you, or referencing you, and relating in any manner to our Products, you will promptly notify us of such Claim. You will further assist us with all reasonable assistance in the defense of such Claim. No settlement shall be agreed upon without our involvement and approval.
5. Severability. If any provision of these Terms is held to be invalid, illegal, unenforceable, or in conflict with applicable Laws or public policy, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired and shall remain in full force and effect and a court of competent Jurisdiction will endeavour to modify that clause in a manner that gives effect to the intent of these Terms.
6. Language. These Terms are to be construed in the English language. Any translated copy provided is for convenience only. The English language shall control in the event of any contradiction between the English language version and a translated version. Further, any Claim must be made and determined in the English language.
7. Force Majeure. DUBL^® will not be liable for any damages to you or to third parties for any delay or default in performance if such delay or default is caused by conditions beyond our control, including, but not limited to, acts of God, Government restrictions, regulations, Laws, or sequester, continuing domestic or international problems such as wars, threats of terrorism, or insurrections, strikes, fires, floods, work stoppages, or embargoes.
8. Construction. Any reference to “herein” shall refer to these Terms generally and not to a specific Section. Headings and fonts are for convenience only. Anything that cannot be done “directly” under these Terms may also not be accomplished, and shall be a breach of these Terms, if done “indirectly.” Any limitation on the use of our Products or our Intellectual Property automatically includes a limitation on the use of such property “in whole or in part.” These Terms are not to be construed against the drafter.
9. Waiver. Waiver of any provision of these Terms must be in writing to be effective. Waiver of any breach of any provision of these Terms will not constitute or operate as a waiver of breach of such provision on any other occasion nor a waiver of any breach of other provisions, nor will failure to enforce any provision operate as a waiver of such provision.
10. In the event we sponsor of contest, only DUBL^® software application users and https://instagram.com/DUBL_app followers on Instagram will be qualified to enter that contest. In this event, contest rules will be available on our Site. All Terms herein apply to any contest. These Terms shall control in the event of any conflict between contest terms and these Terms.
11. Survival. All our Terms shall survive your purchase, license, lease, of or access to our Products or any termination of your use of our Products