TERMS OF SERVICE
Last Updated: 3 Oct, 2016
PLEASE READ THIS DOCUMENT CAREFULLY
ATP Ventures ("ATP Ventures", "we", or "us") operates the Ditto mobile app (“Ditto App”) and related website www.myditto.co (“Website”). Ditto App and Website shall hereinafter be collectively termed as "Ditto", however, the use of the term “Ditto” in the provisions hereafter shall refer to both Website and Ditto App as well as either the Website or the Ditto App, i.e. such aforesaid provisions shall apply to all parts/components of Ditto. By accessing, downloading, installing or using Ditto in any way, you accept these Terms of Service ("Agreement").
We also reserve the right to amend any provision of this Agreement at any time in our sole discretion without any prior notice to you, and you agree that it is your responsibility to check for the updated terms of this Agreement on the Ditto Website regularly. By your continued use of Ditto, you will be deemed to have accepted all amendments to this Agreement implemented by ATP Ventures. If you do not wish to be bound by this Agreement, do not use Ditto.
- Who May Use Ditto
You must be at least 18 years old to use Ditto. In the event that you are under 18 and you wish to use Ditto, please seek consent from your parents or legal guardian. We will not be howsoever whatsoever liable for any results or consequences arising from any prohibited use of Ditto. We will immediately suspend access to Ditto without any prior notice if it is suspected that any Ditto user is below the age of 18, however, it is the duty of parents and legal guardians to ensure that their children/wards are not using Ditto without parental/legal guardian consent. We are not able to verify nor monitor the true age of Ditto users. By using Ditto, you represent and warrant that you are above 18 years of age, have the right, authority and capacity to enter into this Agreement, be fully bound by and abide by all of the terms and conditions of this Agreement, have never been convicted of a felony, and are not required to register as a sex offender with any government entity. You agree that should any of the foregoing representations be untrue at any point in time, you will fully defend, hold harmless and indemnify ATP Ventures, its related entities, each of their respective officers, directors, employees, shareholders, agents and subcontractors (collectively “Indemnified Persons”) from any and all damages, costs and losses howsoever resulting from any claims against any Indemnified Persons arising from your breach of your representations, including but not limited to fines, penalties, settlement amounts, judgments, and legal costs (on a client-solicitor basis).
2. Intellectual Property and License to Use Ditto
All content, including any write-ups, diagrams, charts, layout, photographs and drawings, as displayed on Ditto are protected by copyright, design registrations, trade mark registrations and/or other intellectual property rights (whether owned by us or licensed to us). You agree therefore that without our prior written consent, you are not permitted to reproduce, copy, download, extract, store, distribute, sell, modify or create derivative works from, any part of the content found on Ditto. We reserve our rights to take legal action against you for any such unauthorized use of our content.
All company names (including ATP Ventures, the company names of our affiliated entities and our advertisers), logos, trademarks, service marks, brands (collectively the "Branding") represented on Ditto belong to ATP Ventures or to third parties who have agreed to display their Branding on Ditto. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without our prior written consent.
Ditto is the property and asset of ATP Ventures, including all inherent intellectual property rights. ATP Ventures grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use Ditto for your own personal, non-commercial purposes only. Except as expressly permitted by ATP Ventures in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Ditto (or any part thereof). Nor will you take any measures nor assist any third parties to interfere with or damage Ditto, including but not limited to its functions, usability, accessibility and security. All rights not expressly granted by ATP Ventures in this Agreement are reserved.
4. Registration To use Ditto App
You must register an account with your Facebook login, meaning you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other Ditto users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Ditto users in your network or geolocation
5. Term and Termination; Account Deletion
This Agreement begins on the date you first use Ditto and continues until terminated in accordance with the provisions hereof or when you completely stop all use of the Ditto application. ATP Ventures may without prior notice to you suspend, disable, or delete your account (or any part thereof) to the Ditto App or stop your access if ATP Ventures determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage ATP Ventures 's reputation or goodwill. If ATP Ventures deletes your account to the Ditto App for the foregoing reasons; you may not re-register under a different name.
ATP Ventures may at any time terminate at its convenience this Agreement in relation to your Ditto App and therefore your Ditto user account for the Ditto App with one (1) month’s prior written notice to you.
Upon termination, all licenses granted by ATP Ventures hereunder this Agreement will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. ATP Ventures shall not be responsible for the loss of such content.
6. Disclaimers; Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER DITTO USERS. YOU UNDERSTAND THAT ATP VENTURES CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. ATP VENTURES ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. ATP VENTURES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. ATP VENTURES RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL ATP VENTURES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF DITTO, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE DITTO SERVICE OR PERSONS YOU MEET THROUGH DITTO. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE THAT ULTIMATELY YOU DECIDE ON YOUR COURSE OF ACTION AND SCOPE OF INTERACTION IN RELATION TO OTHER DITTO USERS AND THEREFORE YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR ANY AND ALL CONSEQUENCES AND WILL NOT HOLD ATP VENTURES HOWSOEVER WHATSOEVER LIABLE AS ATP VENTURES IS MERELY PROVIDING A MOBILE SOCIAL PLATFORM.
ATP Ventures reserves the right to modify Ditto at any time without prior notice to you. You are responsible for providing your own hardware and connectivity to access to Ditto. ATP Ventures has no obligation to screen or monitor any content input by other Ditto users and does not guarantee that any content available on Ditto is suitable for all users.
ATP Ventures provides Ditto on an "as is" and "as available" basis. You therefore use Ditto at your own risk. ATP Ventures expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose (even if ATP Ventures has been advised in advance of such purpose), non-infringement, security, and any other warranty that might arise under any law. Without limiting the foregoing, ATP Ventures makes no representations or warranties:
- That Ditto will be permitted in your jurisdiction;
- That Ditto will be uninterrupted or error-free;
iii. Concerning any content submitted by any user;
- Concerning any third party's use of content that you submit;
- That any content you submit will be made available on Ditto or will be stored by ATP Ventures;
- That ATP Ventures will continue to support any particular feature of Ditto;
vii. That you will meet with like-minded individuals or find a partner by using Ditto;
viii. Concerning sites and resources outside of Ditto, even if linked to or from Ditto.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Ditto, and no warranties shall apply after such period. Furthermore, in the event that any exclusion of liability herein this Section 6 is not permitted under any applicable law, you agree that ATP Venture’s aggregate liability to you for any and all claims howsoever arising from this Agreement or your use of Ditto shall not exceed RM100, and payment by ATP Ventures of the said RM100 to you shall satisfy all claims that you may have against ATP Ventures and you will not be entitled to seek any other remedies against ATP Ventures
7. Code of Conduct
Prohibited Activities In using Ditto, you must behave in a civil and respectful manner at all times. Further, you will not: Harass or stalk any other person; Harm or exploit minors; Act in a deceptive manner by, among other things, impersonating any person; Collect information about others;
You will not express or imply that any statements you make are endorsed by ATP Ventures without our specific prior written consent.
You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of Ditto or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information on, via, or from Ditto without obtaining the prior consent of the owner of such proprietary rights.
You will not interfere with or disrupt the services or the site or the servers or networks connected to Ditto. You will not post, upload, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment howsoever related to Ditto.
ATP Ventures has the right, but not the obligation, to monitor all conduct on and content submitted to Ditto.
8. Content Restrictions
You are solely responsible for the content that you publish, upload, display or transmit (hereinafter, "post" or “submit”) on Ditto, or to other Ditto users.
You will not submit on Ditto, or to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to ATP Ventures or to any other user. If information provided to ATP Ventures, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a non-exhaustive list of content you may not submit to, on or via Ditto: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; contains sexually explicit content; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.).
Your use of Ditto, including but not limited to the content you post on Ditto, must be in accordance with any and all applicable laws and regulations.
You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
9. Licenses Granted by You
You grant ATP Ventures and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content submitted to Ditto. In addition, you waive any so called "moral rights" in your content. You further grant all users of Ditto permission to view your content for their personal, non-commercial purposes. If you make suggestions to ATP Ventures on improving or adding new features to Ditto, ATP Ventures shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to ATP Ventures and grant the licenses set forth above in Section 9; (ii) ATP Ventures will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will fully indemnify, defend, and hold harmless ATP Ventures, its affiliates, and their respective directors, officers, employees, subcontractors and agents, from and against all third party actions that: (i) arise from your activities on Ditto; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Ditto violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights Copyright Policy
ATP Ventures respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they submit to Ditto do not infringe any third party copyright. ATP Ventures will promptly remove materials if properly notified that the materials infringe a third party's copyright. In addition, ATP Ventures may, in appropriate circumstances, terminate the accounts of alleged repeat copyright infringers (whether proven in Court or otherwise).
Takedown Notice If any person believes that his/her work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
The full name, address, telephone number, and email address (if any) of the person providing Takedown Notice.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on Ditto, sufficient for ATP Ventures to locate the material.
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
You may submit this information via: Email: firstname.lastname@example.org
13. Personal Data
Personal Data refers to all information that can be used either on its own, or together with other information, to identify an individual. Personal Data includes, but is not limited to date of birth, name, address, personal identification numbers such as NRIC, email address, telephone number, gender, and other personal identifiers. Personal Data however does not include information that is available in the public domain.
14. Refund and return policy
Ditto service is free, but if you would like to make Tipped Request, you will be required to purchase Ditto Credits in order to do so, the following terms apply.
ATP Ventures bills you through an online account for purchase of the Ditto Credits. Ditto credits purchases are non-recurring. All purchases are non-refundable and ATP Ventures may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This paragraph includes any agreements you make on the Website when you purchase the Credits. You agree to maintain current, complete and accurate information for your billing account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
Your purchased Credits for the the Service will be valid indefinitely until exhausted by you. Any promotion that provides Ditto Credits must be used within the specified time of the promotion.
If ATP Ventures terminates or suspends your right to use Ditto as a Client for a User Breach, you will not be entitled to any refund of unused balance in your account, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
15. Third Party Websites
ATP Ventures does not control any links, services, products or resources provided by other third parties referenced or linked to Ditto, even if such third party’s website or applications may be co-branded with ours by bearing our logo or name. You acknowledge that ATP Ventures is unable to control or influence any third parties' actions even if their websites or applications are hyperlinked to Ditto. Accordingly, should you decide to use or access such third parties’ websites or applications, all use and access are at your sole risk and subject to the terms and conditions of use of the said third parties. If you have any query on the terms and conditions of use of such third parties’ websites and applications or their services or products, please contact the third parties directly.
You agree that we may employ cookies, action tags or other legal technological means to record your anonymised accessing of Ditto for the purpose of providing better services and enhancing your user as well as browsing experience.
16. General Provisions
Any action arising out of or relating to this Agreement or your use of Ditto must be commenced in in the Courts of Malaysia (and you consent to the exclusive jurisdiction of those courts).
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES:
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by ATP Ventures in exercising any right hereunder will waive any further exercise of that right. ATP Venture’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES:
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement or any of its rights or obligations without ATP Ventures's prior written consent. ATP Ventures is entitled to assign this Agreement or any part thereof at any time without prior notice to you. No third party shall have any rights hereunder.
You consent to receive all communications including notices, agreements, disclosures, legal documents, or other information from ATP Ventures electronically. ATP Ventures may provide all such communications by email or by posting them on Ditto.
Nothing herein shall limit ATP Ventures’s right to object to the invalid service of subpoenas, claims, or other demands.
MODIFICATION; ENTIRE AGREEMENT:
You may not amend any term of this Agreement except with the prior written consent and signature of an authorized representative of ATP Ventures on the written amendments. This Agreement, together with any amendments by ATP Ventures, constitutes the entire understanding between ATP Ventures and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. A revisions of the Terms of Service by ATP Ventures will be effective as of the date it is posted on the Website.