The latest update date: June 17, 2017
These Terms and Conditions (“Terms”) aim to define all matters and other relevant affairs between Dubuplus(“Dubuplus”) and Customer(“You”, “Your”, or ”User”) regarding the use of http://www.dubuplus.com(the “Site”, or the “Dubuplus site”) and Services(the “Service”) provided at http://www.dubuplus.com.
These Terms and Conditions are effective from August 31, 2016 and if any Terms are revised, it will be announced via the Dubuplus site’s notice board (or individual notice such as paper notice, fax, and email).
These Terms become effective by publishing online in the Site, and if reasonable causes occur, it may be revised within a range of not violating the relevant laws. The revised Terms will become effective by announcing online, and the crucial regulation revision such as the User’s right or obligation, etc. will be announced beforehand.
The agreement to the Terms means that you agree to regularly visit the Site and confirm the changes to the Terms. Dubuplus is not responsible for your damages that are occurred because of not knowing about the revised Terms.
Also, if you do not agree to these Terms, you cannot access the Site or use the Service.
We provide various website solutions and products for Our customers, including but not
limited to the following, each included as part of the Services that We offer:
Dubuplus (conversion and creation of desktop, tablet and mobile websites).
You may use the Services for Your personal use, commercial use or internal business use in the organization that You represent, so long as You are in compliance with all provisions of this Agreement.
In connection with Your use of the Site or the Services, You may be made aware of services, products, offers and promotions provided by third parties. If You decide to use such third-party services, You are responsible for reviewing and understanding the terms and conditions governing such third-party services, and acknowledge that the third party is responsible for the performance of such services.
In providing the Services, We obtain and rely on certain information from third parties and third-party software and applications. We cannot guarantee the accuracy or completeness of such data.
To register as an account holder and use the Site and the Services (or any portion thereof), you must provide us with all relevant information (an email address, password, name, contact number, etc.) required by Dubuplus.
All Users must provide their own true and valid information in order to register and use the Site. To this end, Dubuplus may verify your registration information. Dubuplus will provide you with the user ID as defined in the Terms.
(1) User ID is not changeable as a rule, but it is possible to be changed upon User or Dubuplus requests if the following applies.
• If the ID is registered in the member’s contact number that might occur privacy concerns.
• If the ID disgusts other people or is contrary to the public morals.
• If there are other reasonable reasons.
(2) User ID may be associated with the ID of the services operated by Dubuplus with the consent of the user.
(3) You have the responsibility to manage the user ID and password. You are solely responsible for any damages of services or an unauthorized use by third parties that are caused by your neglected management, and Dubuplus has no responsibility for any of this
(4) The registered ID of user who illegally uses other people’s personal information (email address, name, etc.) will be deleted, and it may be punished upon the relevant laws and regulations.
(5) Other matters regarding the management and change of your personal information will be dealt with upon the service guides. If the service applicant is under the legal age as prescribed in the relevant regulations, you cannot request the use of service upon the service guides.
5. Dubuplus’s Obligations
If the Dubuplus system has problems with dysfunction or loss, unless there are unavoidable reasons, Dubuplus must repair or restore immediately to provide the continuous and stable services.
If the opinions or complaints raised by users are deemed as justifiable, Dubuplus must deal with them immediately under the appropriate procedures. However, if immediate treatment is not available, Dubuplus informs the user of the reason and processing schedules.
6. User’s Obligations and Services Limitation
(1) You must provide all information based on the facts when you request a membership registration or member information change, if registered with a false or other people’s information, you cannot claim the right of all.
(2) You must abide by the matters noticed by Dubuplus and all the relevant laws and regulations including the statements specified in this Terms, other rules and regulations defined by Dubuplus, the notice, etc., and you must not do the things that interfere with the Dubuplus’s business and damage the honor of Dubuplus.
(3) You must notify to Dubuplus under the appropriate procedure immediately if your contract information has been changed such as an email address, home address, contact number, etc.
(5) You cannot operate a business using the services without prior approval from Dubuplus, and Dubuplus is not responsible for the results of the business operation. Also, if Dubuplus sustains damages from the business operations, you are liable for any damages of Dubuplus, and Dubuplus may limit you the use of services and claim for damages under the legal procedures.
(6) Unless there is the explicit consent of Dubuplus, you cannot transfer and give the use authority of the service and other contractual status to other people, and offer it as collateral.
(7) You must not infringe the intellectual property rights of the services of Dubuplus and third parties.
(8) You may receive promotional messages and data from the services of Dubuplus and third parties through an email, mail, or other contacts (wire telephone, text message, etc.) provided to us. If you do not want to receive these promotional messages and data, please notify to Dubuplus.
(9) You must not engage in behavior corresponding to the following, if you do the relevant behavior, Dubuplus may limit you the service use and apply sanctions including lawful measures.
• An act that provides false information when you register a membership or change registered information.
• An act that illegally use other member’s ID and password.
• An act that trades ID with other people.
• An act that trades ID with other people.
• An act that impersonates Dubuplus’s officers, staffs, or any related persons.
• An act that changes Dubuplus client’s program without being granted special rights from Dubuplus, or hacks the server of Dubuplus, or changes the whole or part of the website or the information posted randomly.
• An act that harms or intentionally hinders Dubuplus.
• An act that duplicates the information obtained from the Service for other purposes than using the service, or uses them for publishing and broadcasting, or provides to the third party, without prior permission of Dubuplus.
• An act that copies, modifies, creates derivative works, converts, conducts reverse engineering, imitates, transfers to another service, translates, compiles, decompiles, or disassembles the Dubuplus site, Services (or a portion thereof), content provided from Dubuplus, or the third party’s services and a part for using in user’s website; or Acts that display, conduct, transmit, or distribute the information listed above without the prior written and specific consent of Dubuplus.
• An act that transmits, posts, spreads the inferior and obscene information, sentence, figure, sound, or video that violates the public orders and morals to other people through email or other ways.
• An act that transmits, posts, spreads the content that may insult or invade other people’s honor or privacy as it is offensive or having private information.
• An act that harasses or threatens other users, or continuously give pain or discomfort.
• An act that collects or saves other user’s personal information without a permission of Dubuplus.
• An act that objectively deemed to be associated with any crimes.
• An act that violates all rules and regulations prescribed by Dubuplus and the conditions of use including this Terms.
• An act that violates other relevant laws and regulations.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – without further notice to you, and without any refund of amounts paid on account of any such Services.
7. Content and Ownership
(1) Your Ownership
• The copyright of content that is posted in the Dubuplus site and services (or part thereof) belongs to you who post the content. Also you are solely responsible for the authorized rights.
• Except for free or paid image, app, template, and etc. provided via the Dubuplus site and service (or part thereof), the copyright of image and content that you directly post or ask Dubuplus to post belongs to you, and you are solely responsible when any problems are occurred for this.
• Dubuplus cannot use the content commercially without the consent of the publisher. However, it is possible if it is a non-profit purpose, also there is the right to publish in the Dubuplus site and services (or part thereof).
• Dubuplus can delete or transfer the content, or reject content registration in the Dubuplus site or services (or part thereof) without prior notice if it is deemed that it is relevant to the following.
- If the content seriously insults or damages an honor of other users or the third parties.
- If it disseminates or links the content that violates the public order and moral.
- If it encourages an illegal duplication and hacking.
- If it is an advertisement for profit purpose.
- If it is objectively admissible that associated with crime.
- If the content infringes the copyright or other rights of other users or the third parties.
- If it goes against the bulletin board principle defined by Dubuplus or does not comply with the bulletin board’s characteristics.
- If it is deemed violating other relevant laws.
(2) Dubuplus’s Ownership
• Dubuplus has all authorities of the services provided by Dubuplus, and you are authorized only for the use of services provided by Dubuplus.
• You cannot commercially use the posted data on the Dubuplus site and services (or part thereof) such as illegally processing and selling the acquired information on the Dubuplus site and Services (or a portion thereof).
• The services provided by Dubuplus are not available for the hosting of other companies.
• If it violates any other regulations defined by Dubuplus and other relevant laws, Dubuplus may withdraw the right to use of the Services without prior notice.
(3) Feedback and Suggestions.
If you provide us with any suggestions, comments or other feedback relating to the DUBUPLUS Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by DUBUPLUS. By providing such Feedback to DUBUPLUS, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to DUBUPLUS any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
8. Paid Service
You must agree to pay a monthly, yearly basis if you want to use paid service. Also the service fee must be paid in advance.
Dubuplus reserves the right to change its fees at any time, upon notice to you if such change may affect your existing subscriptions.
Dubupluls requests and collects payment(or otherwise refund or take any other billing actions) from user in order to provide the paid service in a direct way or through the third party’s service or your designated bank, and customer must authorize Dubuplus to request and collect all needed information for payment.
It includes for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as provided to us by your credit card company).
The service payment will be automatically renewed in order to prevent any service interruption. Therefore, it will be automatically renewed the applicable service for a renewal period equal in time to the original subscription period, and automatically charge you the applicable fees using the payment method you have on file with Dubuplus.
9. Cancellation and Service Changes
(1) Cancellation by User
You can cancel and change Dubuplus service at any time. However, if the service is contracted on an annual basis, the refund will be guaranteed for 14 days after the first purchase and, after the first 14 days, the ongoing service will remain and will not be refunded.
If it is needed to cancel the automatic renewal after 14 days, it must be processed before the next billing date. No refund will be made for any reasons after the automatic payment has been made by the customer’s mistake.
After the expiration of the contract period, the current account will be deleted or switched to the free service account depending on your choice.
(2) Cancellation by Dubuplus
Dubuplus may suspend and cancel if it may be applied to the following
• If you provide false information when sign-up on the Dubuplus.
•If you violate the Terms or fail to comply with any separate requirements related to the use of Dubuplus services.
• If it is deemed that you damage a person’s reputation and violate relevant regulations or the public order.
• If Dubuplus requests a service cancellation to you due to the circumstance of the Dubuplus services.
• If you avoid payment for the Dubuplus services or third party services.
• If a sole contracting party cannot fulfill the Dubuplus contract due to the person’s legal proceedings which are equivalent to bankruptcy, seizure, injunction, and etc.
• If there occurs any other serious reasons that a sole contracting party cannot fulfill the Dubuplus contract.
(3) Contents and Data
If you cancel the Service, you cannot access and use the Service. Also, all content and data will be deleted on your website, and Dubuplus is not responsible for any deleted data.
10. Money-Back Guarantee
If the service is contracted on an annual basis, the refund will be guaranteed for 14 days after the first purchase and will be a full refund. After 14 days, the ongoing service will remain in effect until the next billing date, and will not be refunded.
If a notice of cancellation has been given in bad faith or in an illegitimate attempt, Dubuplus have a right to stop the service without prior notice or charge the user.
Certain paid services purchased on or through Dubuplus may non-refundable. The Terms of each purchased service are indicated on Dubuplus website and as part of or during the process of purchasing such services. Please check the before purchasing.
Conditions for the service will be noticed on Dubuplus or in the process of the service’s payment. Before you pay services, please check if the service is refundable before purchasing.
11. Third Party Services
The Services enable you to engage and procure certain third party services and tools, including third party applications and widgets offered via the DUBUPLUS Site (including the App Market), third party Licensed Content, media distribution services, E-Commerce Service Providers, third party designers who may assist you with your User Website, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled with certain DUBUPLUS Services, offered separately by DUBUPLUS or otherwise offered anywhere on the Services), DUBUPLUS merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. DUBUPLUS will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, DUBUPLUS may, at any time and at its sole discretion, suspend, disable access to or remove from your account and/or the Services, any Third Party Services – whether or not incorporated with or made part of your account and/or website(s) at such time – without any liability to you or to any end users.
12. System Management
Dubuplus may be able to upgrade or change any of Dubuplus systems and affiliated companies after prior notice in order to provide better services.
Dubuplus do not accept any liability for the loss of website data caused by your mistakes or the natural disasters.
When individual user accounts caused the whole system overload, Dubuplus may limit the use of services after prior notice.
13. Data Management
You cannot request Dubuplus to transfer you website’s data, but only a data transfer is necessarily needed, you are liable for the costs and efforts which caused by the data transfer.
However, if you inevitably have to request a transfer, you have to give Dubuplus notice at least one month ago, and you will have a liability of the necessary cost that may be charged.
If Dubuplus stops the Dubuplus services due to unavoidable circumstances, a grace period because of a data transfer will be provided notifying it 7 business days before.
If you delete the account, all data will be deleted and the deleted account cannot be reused.
14. Disclaimer of Warranties
DUBUPLUS'S CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, (a) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (b) WE DO NO ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (c) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR ]SITE OR MOBILE WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within 30 days after such claim or cause of action arose or be forever barred.
In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed amount paid by You to Us pursuant to this Agreement.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OR THE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS.
We will provide You with written notice of such claim. You will not enter into any settlement or compromise of any such claim without Our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by You. In all events, You shall cooperate fully in the defense of any claim.
17. Governing Law & Jurisdiction
Matters not specified in the terms are governed by the related Act and subordinate statute such as telecommunications Business Act and a business practice.
If any and all such claims and disputes would be brought in, and a court of competent jurisdiction where DubuPlus headquarter is located in will be a competent court.
18. Contact Us
If you have any concerns or questions about this Policy, please contact us at firstname.lastname@example.org