References in these documents to Daiquiri, “(the) Service”, “We” or “Us” mean the Daiquiri Website. References to “You”, “Your” and “User” mean the person, group or other entity utilizing Daiquiri. By visiting and using Daiquiri’s Website and/or Software, You are hereby compliant to all Provisions including the express terms and restrictive covenants these General Terms of Service and Daiquiri’s other legal documents and/or notifies include, and thus find them to be reasonable. If you do not find these provisions reasonable, please stop using this Website and/or Services. Deletion of your User Account or Profile information is also required. Unless you do so, you WARRANT that you are compliant to these Terms of Service and provisions to which you are properly notified via Our Website. Furthermore, you hereby INDEMNIFY Daiquiri, its owner Company, Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with Daiquiri, in respect to any losses possibly suffered in connection to the Website, Software, Content and Services. Daiquiri, being a private entity does NOT support intolerant behavior and does not promote any type of penal activity.
Users, which are at least 18 years of age or older may enter into this Agreement with the Service. You hereby represent and warrant for the truthfulness, reliability and accuracy of the information provided to the Service for the purposes of registration and account usage, as well as for any questions or required information regarding the offered services by the Service. You further represent that you are from sufficient legal age and capacity, at least 18 years of age and competent to enter into this agreement.
Account Registration and Profile
Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that some aspects of functionality of Daiquiri are to be limited without having a registered account. Upon registration, some personal information may be required from you. For the purposes of purchases, please see the “Purchasing. Orders and Payment” section. The personal information (thereinafter referred to as: “Registration Data”) that may be required from you is your contact details (such as, without limitation: name, e-mail address, shipping address, country/state, telephone number) and your billing details (such as, without limitation: the billing credentials as per your preferred way of purchasing services from Daiquiri).
The Daiquiri Website, content and services are all provided on an “as is” and “as served” basis. Daiquiri does not unilaterally provide any express or implied terms, representations, warranties or conditions. Daiquiri, its employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that Daiquiri has willingly voided its limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that Daiquiri had been advised of the potential loss. Daiquiri does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, Daiquiri does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. Daiquiri is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of Daiquiri ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by U.S., State of Connecticut Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with U.S., State of Connecticut Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.
Purchasing, Orders and Payment
Daiquiri offers a variety of Products, more closely described in our Return and Refund policy, which is available on our Website. For the purposes of this subsection, a “concluded sale” is a sale which has been successfully paid for. Daiquiri offers various products in a dedicated part of its Website. Upon selecting a product, you are to be prompted to a third-party Website, where you will see all the specifics of your selected product. Please note that the specifics depicted upon checkout in the third-party authorized Website are to supersede any offers made on The Daiquiri Website. All further information submitted is solely in order to purchase your selected product. Please note that the Authorized Third-party Website collaborates with Daiquiri in order to deliver you a smooth and enjoyable experience.
The developer and the developer alone is the only person responsible for pricing a product. Pricing should be set independently of any other product in the site, and it has to reflect the quality of the product being uploaded. The item price will be the full price the users will pay for the product. The profit share (what is awarded to the developer) will be calculated after the sale based on their split percentage.
That being said, Daiquiri.io has full power to reject or disapprove this price without any particular reason. In such case, the developer has to review the price and make the appropriate adjustments.
Usage Restrictions - Service’s reserved rights in case of infringement
Daiquiri reserves the right to terminate a User’s access to its Website or Software if, under appropriate circumstances, they are determined to be repeated Infringers of the aforementioned restrictions. Daiquiri further reserves the right to decide, weather User Submissions of any kind are appropriate, and if they comply with these provisions. Daiquiri reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Daiquiri and it will include any steps that Daiquiri finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties. Sanctioned by U.S. Governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by Daiquiri under its sole discretion. Methods of preventing further damage or nuisance towards other Users may, Daiquiri’s staff or other third parties towards which Users have committed a breach of their rights include: - Suspension or Termination of Your User Account with or without previous notification; - Temporary or permanent Bans from Our Websites with or without previous notification; Other methods Daiquiri’s staff/administrators see fit. Further note that Daiquiri, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that Daiquiri may disclose Your personal information in the NECESSARY range under U.S. Governing law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case Daiquiri needs to comply with the demands (namely formal requests) of appropriate State authorities.
Third-Party Services, Defective performance of third-party Service providers.
The Service allows you to gather data from third-party services and data sources, without exclusion to third-party websites. These Sources are used and utilized at the sole discretion of the Service, and the Service reserves the right to discontinue or change using such sources at any given time. The Service does not assume any liability from the data and/or content from such sources and services. Users have the sole responsibility of obtaining any consensus or authorization, if any is needed, for the usage of this Service or processing of the available data. The Service takes no responsibility for any information processing made on its behalf, as Users warrant that they have obtained all authorizations and/or consensus from the data sources for further usage of the provided data.
This service may be used as an add-on to third-party services and software. We do not assume any liability for such third-party services and software, and you are solely and exclusively responsible for obtaining any licenses, consent or authorizations needed for the use of data.
Third-party services and Websites may be made available throughout the Service. In order for you to use these third-party services, you must read and understand all usage restrictions and other Terms and Policies of the appropriate third-party service and/or website. This Service disclaims all liability arising out of defective performance of linked services and/or website, unless expressly assumed within this Agreement. Upon being prompted by a follow-up link to a third-party service and/or website, you are bound by a different set of Terms and Policies that govern the usage of the appropriate third-party service or website, and you further understand that you use the third-party service or website at your own risk. We recommend using due diligence and familiarizing yourself with the Terms and Policies prior to usage of the services you are prompted to. Please note that this Service does not endorse, promote or otherwise market the third-party websites and/or services, unless expressly and appropriately stated within our Website.
This Service may contain ads and promotions from third parties. Your business dealings, correspondence or other contact made throughout these ads and promotions falls outside the Service’s scope of control, and, as such, the Service disclaims all liability arising from these dealings, contacts or correspondence.
Modifications of these Terms
In the event that Daiquiri goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with Daiquiri). You will be notified via e-mail of any such change of ownership of your personal information.
Limitation of Liability
You hereby agree to indemnify and hold Daiquiri, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Daiquiri’s Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.
You expressly agree that you shall withhold of class action suits against the Service, and that all (if any) proceedings against the Service occur, such shall be handled on an individual basis, based on rules established and agreed to in these Terms of Service.
If any lawsuits are to occur, you agree that your action will not supersede the amount of 100 USD, or the expenses made whilst using this Website, whichever is greater.
Daiquiri’s website, content and services are all provided “as is”. Daiquiri does not unilaterally provide any express or implied terms, representations, warranties or conditions. Daiquiri, its employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that Daiquiri has willingly voided it’s limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that Daiquiri had been advised of the potential loss. Daiquiri does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, Daiquiri does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. Daiquiri is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of Daiquiri’s ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by U.S. Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with U.S. Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.
If any provision of these Terms of Service is, or is to be found by an appropriate authority, unenforceable under U.S. Governing law, that will not affect the enforceability of any other provisions of these Terms of Service. These Terms are written in compliance with U.S. Governing law and international standards. The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement. Statutory provisions will govern all aspects of General Service Agreement, which have not been regulated by the provisions of this agreement, by U.S. law.
Jurisdiction and Tribunal
The parties covenant that the applicable and usable law according to which this agreement will be governed will be the law of U.S. Subsequently to the aforementioned, U.S., State of Connecticut Law will regulate all disputes or litigation arising from the content of this contract or its execution, accordingly. The parties agree that the competent court shall be the court designated under U.S., State of Connecticut law, in accordance with its statutory provisions.
Other Contract provisions. Interpretation Clauses.
The Service’s failure to act in a particular circumstance does not waive the ability to act in respect to the specific circumstance or circumstances similar to it. If any provision of these Terms is rendered invalid by statutory provisions, interpretation of law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining terms shall stay in full force and effect. Section headings are made for convenience. They do not have to correspond with the content of the appropriate section and do not have any legal effect. This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by.
Termination of this Agreement
Termination of this Agreement may occur immediately as per the Service’s reserved rights in this Agreement. Termination of this Agreement on your behalf expressly means discontinuance of any subscription plans and paid services and deletion of your user profile. Please note that no refunds are issued for the unused prepaid paid services, and no renewals of subscriptions occur in the case you decide to re-register with our service. All due obligations of the Service to the Users shall be waived once this Agreement is terminated on the User’s behalf.
Feedback, Questions and Contact
Providing feedback may be possible by any given means within the Service. All feedback given in the form of user comments, blog posts or similar feeds shall be available to the World Wide Web. Please refrain from using any obscenity or profanity, as the Service reserves all discretional rights as per this Agreement.
All questions or other inquiries made directly to the service may be sent at the designated e-mail address in the Contact section of our Website.