PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE IN ANY MANNER.
Effective Date: April 30, 2020
Welcome to Ditto. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Site”). If you have any questions, comments, or concerns regarding these terms or the Site, please contact us at email@example.com.
Please be advised: These Terms contain provisions that govern how claims that you and Ditto have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against Ditto to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
We are constantly trying to improve our Site, so these Terms may need to change along with the Site. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://ditto.com/ website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site. If you use the Site in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Site or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
You may be required to sign up for an account, and select a password and user name (“Ditto User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Ditto User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Site and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Site for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Site is prohibited by applicable laws, then you aren’t authorized to use the Site. We can’t and won’t be responsible for your using the Site in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Site is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Site or interact with the Site in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Site.
The materials displayed or performed or available on or through the Site, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Ditto’s) rights.
You understand that Ditto owns the Site. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Site.
The Site may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
You represent and warrant that you own or otherwise control all rights to your User Submissions. For all User Submissions, you hereby grant Ditto a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Site, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you share a User Submission publicly on the Site and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Site (each of the foregoing, a “Public User Submission”), then you grant Ditto the licenses above, as well as a license to use, prepare derivative works of, display, perform, and distribute your Public User Submission in any media format and through any media channels (including, without limitation, third party websites) as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Site for any purpose. Also, you grant all other users of the Site a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Site.
As part of the Site, you may create “dittos” of yourself; “dittos” are moving images of yourself which you can use to virtually “try on” various products. You may have the opportunity to share your “dittos” publicly on the Site by opting into our public posting feature (“Public Posting Feature”). By opting into the Public Posting Feature, you understand and agree that (i) your “dittos” are Public User Submissions, (ii) anyone may view and provide feedback on your “dittos,” and (iii) Ditto may use your “dittos” in any way at any time (including, without limitation, for advertising and marketing purposes). However, the Public Posting Feature is strictly opt-in; if you don’t opt into the program, we won’t share your dittos with the public or use them in the ways described in the preceding sentence. If you decide to opt in to the Public Posting Feature, please do not display any of your sensitive personal information when you create your “dittos,” because that information will be shared with our other users and the public. For example, do not hold up your credit card, driver’s license, social security card or other similar materials for scaling purposes in your “dittos,” because the information on the card you hold up will be made publicly available. If you do display any such information in a “ditto,” you understand and acknowledge that you do so at your sole discretion and risk, and that Ditto will have no responsibility or liability to you with regard to the display of that information to other users or the public.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Ditto account, your Public User Submissions may remain fully available and you understand and agree that it may not be possible to delete certain other content from Ditto’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Ditto, in performing the required technical steps to provide the Site to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so. Ditto does not endorse and has no control over any User Submissions. Ditto has no obligation to monitor the Site, Content, or User Submissions. Ditto may remove any User Submissions at any time for any reason.
Any information or content publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Site. We can’t guarantee the identity of any users with whom you interact in using the Site and are not responsible for which users gain access to the Site.
You are responsible for all Content you contribute, in any manner, to the Site, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Site.
Ditto has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Site. In addition, Ditto will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Site, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Ditto shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Ditto is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Ditto, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Site. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
We’re always trying to improve the Site, so they may change over time. We may suspend or discontinue any part of the Site, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Site. We’ll try to give you notice when we make a material change to the Site that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Site at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
The Site is currently free, but we reserve the right to charge for certain services in the future. We will notify you before any services you are then using begin carrying a fee, and if you wish to continue using such Site, you must pay all applicable fees for such services.
Ditto is also free to terminate (or suspend access to) your use of the Site or your account (if applicable), for any reason in our discretion, including your breach of these Terms. Ditto has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
These Terms apply to your use of all the Site, including the iPhone, iPad Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
Warranty Disclaimer. Ditto does not make any representations or warranties concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Site are provided “AS IS” and without any warranty of any kind from Ditto or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SITE AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL DITTO BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO DITTO IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold Ditto, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Site (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Site account, in any way (by operation of law or otherwise) without Ditto’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration; Class Action Waiver. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Site, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Site, provided that the Ditto may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Ditto agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Ditto, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Ditto in any respect whatsoever. You and Ditto agree there are no third party beneficiaries intended under these Terms.