Daps – Terms of Service
Effective Date: February 24, 2025
PLEASE REVIEW THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND CONTAIN A MANDATORY ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION REMEDIES. BY ACCESSING OR USING THE PLATFORM, AND/OR OTHERWISE REGISTERING AN ACCOUNT, YOU AGREE TO BE BOUND BY THIS PROVISION TO THE MAXIMUM EXTENT PERMITTED BY LAW. These Terms of Service (these “Terms”) form a binding legal agreement between Daps Sports, Inc. (“we”, “us”, or “our”) and you regarding the use of the Daps mobile app(s), website, platform, and related offerings and services (collectively, the “Platform”). Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. By registering an account or otherwise accessing or using the Platform, you agree to be bound by these Terms. We reserve the right to modify or update these Terms from time to time in our discretion. We will always keep the current version of these Terms posted on this website. It is your responsibility to periodically review these Terms to stay informed of any updates. By using the Platform after a new version of these Terms have been posted, you agree to the terms and conditions of such version of these Terms. If you do not agree to these Terms, you must immediately cease your use of the Platform. The Platform is intended to facilitate connections between professional or amateur Sports Figures and sports figures (collectively, “Sports Figures”) and fans and other users (collectively, “Fans”). The Platform lets Fans make bids to purchase a collectible (for example, a game-worn jersey or autographed item) (a “Collectible”) or one-off digital and/or in-person experiences (for example, social media shout-outs, video calls, meeting after a game) (an “Experience”) from Sports Figures. Collectibles and Experiences are both referred to in these Terms as “Offerings.” PAYMENT The price for each Collectible or Experience purchased from a Sports Figure will be determined by the Sports Figure accepting the Fan’s bid amount. Fans will not be charged unless a Sports Figure accepts their bid. When you place a bid, you are committing to purchase the Collectible or Experience as soon as the Sports Figure accepts your bid. In order to allow us to operate the Platform, we charge a fixed or percentage-based fee for each Offering, along with any other fees described on the Platform (collectively, the “Fees”). Our Fees are withheld from the applicable payment made to the Sports Figure. By providing us a payment card or other payment method information, you authorize us to automatically charge you for the designated amount should your bid be accepted by a Sports Figure. You represent and warrant that you are the lawful owner of any payment method used by you to make any bid(s) on the Platform. It shall be a violation of these Terms for you to use any payment method that is not owned by you. We reserve the right to suspend and/or terminate your account without notice upon being notified that any payment made with your account is charged back, declined, and/or was not made in the name of the person registered to the bidding account. You acknowledge and agree that we may use one or more third-party payment processors to facilitate payments made through the Platform, and that such payment processors will receive sufficient information regarding you and your payment method as needed to process such payments. You agree that we and/or our third-party payment processors may store your payment information to process future bid(s) made by you for Offerings. We may impose a reasonable hold period on paid amounts for funding confirmation and anti-fraud purposes. All payments are non-refundable unless otherwise expressly stated. You agree to notify us of any billing problems or discrepancies within thirty (30) days from the date the Offering for which your bid is accepted is officially closed. If you do not bring them to our attention within such thirty (30) day period, you agree that you waive your right to dispute such problems or discrepancies. You agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arise out of payments that you authorized or accepted or that were authorized or accepted using your account (even if not authorized by you). The Fees are exclusive of taxes, and any taxes incurred or otherwise deemed required by us based on our provision of the Platform or processing of any Offerings will be charged to Fans in addition to the Fees. We will pay Sports Figures amounts received from Fans for applicable Offerings, less our Fees and any third-party processing fees and charges (for example, charges we incur from our payment processor to transfer payment to the Sports Figure). We will make such payments in arrears. Sports Figures are responsible for any taxes they may incur in connection with their use of the Platform or amounts received in connection with such use. We may hold payments for Collectibles and Experiences until the applicable Sports Figure and/or Fan have confirmed the Collectible was delivered or the Experience was completed. We may process a refund if a Collectible is not delivered or an Experience has not been completed within a reasonable period of time, or if the Sports Figure cancels the Experience or is unable to ship the Collectible. If the Sports Figure and Fan disagree over whether the Collectible was delivered or the Experience was completed: (i) we may seek to facilitate a resolution but are under no obligation to do so; (ii) we may in our discretion choose to either refund the amounts paid by the Fan and/or pay the applicable amount to the Sports Figure (or allow the Sports Figure to retain amounts paid); and (iii) you agree that if you have any further dispute with the counterparty to such Offering (either the Fan or the Sports Figure, as applicable) your claim is against them, not us, and you hereby release and hold us harmless from any and all claims, demands, damages, liability, costs and expenses (including reasonable attorney’s fees) relating thereto. ACKNOWLEDGMENTS AND RESPONSIBILITIES You agree and acknowledge the following: ● Information and Accounts: You will be required to provide certain information (including personal information) to register your account on the Platform, and you will be required to provide additional information, including payment information, to complete an Offering. You are responsible for ensuring that you provide complete and accurate information and keep such information up to date, and you are responsible for any liability or damages arising from false, fraudulent, or incomplete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and/or refuse any and all current or future use of the Platform (or any portion thereof). Such information may be shared as described in our privacy policy. By making an account, you agree to receive notices from us at the email address associated with your account. You are responsible for maintaining the security of your account and your login credentials, and you will be responsible for any actions taken using your account credentials, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account. Even though we may endeavor to provide you with reasonable records or receipts of your Offerings, you are ultimately responsible for keeping your own records and making appropriate backups – we will not be responsible for any loss of data in our possession or control. ● Offerings: You must be at least 18 years old (or the applicable age of majority in your legal jurisdiction) to participate in any Offerings. Parents or legal guardians may use the Platform on behalf of a child under such age and acknowledge that they are responsible for all transactions and/or other activities undertaken via their account. You are responsible for Offerings you enter into, including: (i) identifying an appropriate Sports Figure or Fan to work with; (ii) negotiating and clearly defining the agreed scope of the Offering (e.g., what services or deliverables are expected and the amount and timing of payment); and (iii) fulfilling your obligations under any Offering you have entered into. You are solely responsible for selecting the Sports Figures or Fans you wish to work with – you acknowledge that we provide a platform to facilitate these connections, but do not endorse any Sports Figures or Fans. WE ARE NOT PARTY TO ANY OFFERINGS YOU ENTER INTO WITH ANY SPORTS FIGURE OR FAN, AND WE ARE NOT RESPONSIBLE FOR ANY SPORTS FIGURE’S OR FAN’S FULFILLMENT OF ANY OFFERING. ● Electronic Signatures: You consent to the use of electronic signatures in connection with the Platform, including your acceptance of these Terms and other policies regarding your use of the Platform, and the entry into any Offerings through the Platform. Your electronic signature (which may include checking boxes, clicking “I accept”, spelling out your name, or otherwise taking actions intended to indicate acceptance) will be as valid and binding as a handwritten signature. ● Compliance: You are responsible for your own compliance with applicable laws, rules, and regulations. Without limiting the generality of the foregoing, you are responsible for compliance with: (i) any rules or policies promulgated by applicable institutions, including without limitation any educational institution, athletic conference, the NCAA, or any similar governing bodies; and (ii) advertising, sponsorship, and consumer protection rules and guidelines promulgated by the FTC or any other governing body. COMMUNITY STANDARDS; PROHIBITED ACTIVITIES We are not responsible for the conduct of any Platform users. You agree to act in a professional, respectful, ethical, and lawful manner when using the Platform. Without limiting the foregoing, you represent, warrant, and agree that you will not, directly or indirectly: (i) remove any trademark or copyright notices or watermarks contained on the Platform or any information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Platform (collectively, “Content”); (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Platform or Content outside of the Platform, including seeking to extract or copy any Content (other than sharing it through the Platform’s built-in sharing functionality, if any); (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Platform or Content; (iv) disassemble, decompile or reverse engineer the Platform or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Platform or our other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of the Platform or any other systems or otherwise interrupt or interfere with any other user’s use or enjoyment of the Platform; (vii) promote illegal activity or violate any applicable local, state, national or international law; (viii) post or transmit any Content, submit any request, or otherwise behave in any manner, that is discriminatory, unlawful, defamatory, abusive, harassing, threatening, indecent, pornographic, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy or other rights of any person; (ix) send unsolicited advertisements; (x) impersonate any person or misrepresent your identity or affiliation; (xi) use the Platform in a way that is not for its intended purposes or that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; (xii) provide any false or misleading information or any information that you do not have the right to provide; (xiii) engage in any automated use of the Platform, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (xiv) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you; or (xv) otherwise violate any of our published rules, policies, or guidelines. CONTENT OWNERSHIP AND LICENSE All Content other than User Generated Content or Third Party Content (each as defined below) is owned by us or our third-party licensors and is protected by applicable copyright, trademark, and/or other intellectual property laws. All Content on the Platform is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted regarding your use of the Platform and/or Content. Nothing contained on the Platform should be construed as granting any license or right to use any of the Content without our written permission. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Platform and Content for your personal use. Any use of the Content (including our names, logos, and trademarks) will inure to our benefit. DMCA NOTIFICATION AND PROCEDURE If you believe that any Content (including User Generated Content) infringes your copyrights or that your intellectual property rights have been otherwise harmed, immediately notify our designated copyright agent by emailing hey@getdaps.io. Your notice must comply with the requirements of the DMCA by including the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) 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 owner of an exclusive right that is allegedly infringed. We may reinstate material if we receive a counter notification from the provider of the removed material. If you are the provider of the removed material, you may submit a counter notification that must include the following: (i) information reasonably sufficient to permit us to locate the material that we removed or disabled access to; (ii) information reasonably sufficient to permit us to contact you, including, your name, address, telephone number and email address; (iii) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or New York County, New York) if your address is outside of the United States), and that you will accept service of process from the person or authorized agent who provided the initial DMCA notification to take down the material; (iv) a statement that you have a good faith belief, under penalty of perjury, that the material removed or disabled was the result of a mistake or misidentification of the material to be removed or disabled, or that the exact material identified by the person or authorized agent who sent the initial DMCA notification has been removed or disabled at the identified URL and will be no longer shown; and (v) a physical or electronic signature of a person authorized to act on behalf of the counterparty. If you repeatedly infringe third party copyrights (e.g., by submitting User Generated Content without permission), whether proven or alleged, it is our policy to terminate your account on the Platform. You will be liable for any damages (including attorney’s fees and costs) if you materially represent that your material and/or activity is not infringing upon the copyrights of others and hereby agree to indemnify and hold us harmless from any and all claims, damages, or costs (including attorney’s fees) relating thereto. If you are not sure if your material and/or activity constitutes copyright infringement, please consult an attorney USER GENERATED CONTENT “User Generated Content” means any Content submitted to the Platform by you. We have the right, but no obligation, to monitor or screen User Generated Content and remove any User Generated Content that we deem objectionable in any way or that is or may be infringing upon any third party’s rights at any time, without prior notice to you. By submitting any User Generated Content, you: (i) represent and warrant that you have all right, title, license and/or interest to do so and the creation, distribution, transmission, public display and performance, accessing, downloading and copying of User Generated Content does not and will not violate any applicable law, regulation or rule, or otherwise infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party; (ii) acknowledge that User Generated Content will not be treated as confidential, and may be publicly visible via the Platform; (iii) grant us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully transferable and sublicensable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of User Generated Content in any media and for any purpose whatsoever (including to operate, maintain, improve, and promote the Platform) without attribution or compensation; and (iv) irrevocably waive any claims of moral rights, privacy, publicity, or similar rights in any of User Generated Content. You acknowledge that all User Generated Content is created, selected, and provided by the uploading party and not by us. We do not assert any ownership over User Generated Content and the uploading party shall retain full ownership of all of User Generated Content and any intellectual property rights or other proprietary rights associated thereto. We reserve the right (but are not obligated) to moderate or review any User Generated Content to verify compliance with these Terms and/or any applicable law. We reserve the right to suspend access to any User Generated Content posted on the Platform if we become aware that such User Generated Content may not comply with these Terms and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such User Generated Content. If we suspend access to any User Generated Content, the uploading party may request a review of our decision to suspend access to the Contributions by contacting us at hey@getdaps.io. Following our investigation of the suspected non-compliance or unlawfulness of the User Generated Content, we may take any action we consider appropriate, including reinstating access to User Generated Content or permanently removing or disabling access to the User Generated Content without needing to obtain any consent from the uploading party and without giving any prior notice. The uploading party agrees to, at their own cost, promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to User Generated Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of User Generated Content under this section. If we suspend access to or delete any User Generated Content, we will notify the uploading party via email or electronic message to your account, but we are not obligated to give you prior notice of such removal or suspension. YOU ACKNOWLEDGE THAT USER GENERATED CONTENT WILL NOT BE KEPT CONFIDENTIAL AND WILL BE VISIBLE TO SOME OR ALL PLATFORM USERS. YOUR SUBMISSION OF EXPERT CONTENT IS AT YOUR OWN SOLE RISK. PLEASE DO NOT SUBMIT ANY USER GENERATED CONTENT THAT YOU WOULD PREFER TO KEEP CONFIDENTIAL. SPORTS FIGURES’ LICENSED RIGHTS In addition to and separately from the rights licensed above, if you use the Platform as a Sports Figure, you also hereby grant us the non-exclusive right to use your image, likeness, photo, video, voice, name, and biographical information to promote Offerings provided by you to the Platform and your participation as a Sports Figure on the Platform in any media worldwide, and hereby release use from any claims of publicity or privacy rights, or rights of publicity, regarding any such usage and promotion. Upon request from time to time you agree to provide us promotional materials such as high-resolution images, bio or resume, introductory videos, or otherwise for our use in these purposes and to establish your profile on the Platform. The rights you grant us in this paragraph will survive the termination or expiration of our relationship with you, provided that we will not create new marketing materials describing you as a participating Sports Figure once you no longer have an active account on the Platform. FEEDBACK If you provide any questions, comments, ideas, feedback, suggestions, improvements, or requests for additional functionality (collectively, “Feedback”), you acknowledge such Feedback is non-confidential and grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, perform, modify, transmit, distribute, and create derivative works of such Feedback in any way we deem reasonable, commercial or otherwise, without any attribution, compensation or accounting to you. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in any Feedback submitted by you to us. This paragraph will survive any termination or expiration of these Terms or of your account on the Platform. THIRD PARTY WEBSITES AND CONTENT The Platform may contain links to websites owned or operated by third parties (“Third Party Websites”). We do not control or endorse such websites and we are not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites (collectively, “Third Party Content”). We have the right, but not the obligation, to review any Third Party Content and may remove any such Third Party Content for any or no reason. We do not endorse such Third Party Content, and any views expressed therein are the views of the applicable author and do not necessarily align with our views. We are not responsible for the accuracy or reliability of any Third Party Content and will not be liable for any causes of action (including slander, libel, or invasion of privacy) relating to such Third Party Content. If you decide to leave the Platform and access any Third Party Content, you do so at your own risk, and you should be aware that our terms and policies do not govern your use or access to Third Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases that are exclusively between you and the applicable third party. We have no control over, and are not responsible for, your interactions (online or in person) with any third parties, including other users of the Platform even if introduced via the Platform. You are solely responsible for your interactions with any third parties. If you have any disputes with other users of the Platform, we may (at our discretion) attempt to facilitate a resolution but are under no obligation to do so. ADVERTISERS From time to time, we may allow advertisers to display advertisements and other information in certain areas of the Platform, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Platform and any services or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. You acknowledge that we simply provide the space to place such advertisements, and have no other relationship with advertisers. We are not responsible, nor do we have any control, over the information, content, accuracy, products, services, advertising, or other materials that may or may not be provided by or through advertisers. Advertisements are not investigated, monitored or checked for accuracy or completeness. Linking to, or being linked from, an advertiser does not constitute, nor should it be construed to imply, our approval or endorsement of the advertiser or its products and services. We cannot and will not guarantee the standards of any advertiser, nor shall we be held responsible for the materials and content of any advertiser. Any reliance on or use of the materials or content found on or by way of advertisers is done solely at your own risk, and you assume all responsibilities and consequences resulting from such reliance. USER DATA We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Additionally, you acknowledge that we may use your information to: (i) investigate any suspected or alleged misuse, abuse, or unlawful use of the Platform and cooperate with law enforcement agencies in such investigation, and/or (ii) assist law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. DISCLAIMERS YOUR USE OF THE PLATFORM AND CONTENT IS AT YOUR SOLE RISK AND THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE PLATFORM AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THE CONTENT WILL BE COMPLETE OR ACCURATE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY ELECTRONIC NETWORK OR LINES, SERVERS, SOFTWARE, OR FAILURE OF TRANSMISSION AS A RESULT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE PLATFORM. NEITHER WE, THE PLATFORM, NOR THE CONTENT PROVIDE ATHLETIC COMPLIANCE, LEGAL, TAX, FINANCIAL OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT PROFESSIONAL ADVISORS ABOUT THE ATHLETIC COMPLIANCE, LEGAL, TAX, OR FINANCIAL CONSEQUENCES OF YOUR ACTIVITIES. WE CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM OR CONTENT. THE PLATFORM IS PROVIDED TO FACILITATE CONNECTIONS BETWEEN SPORTS FIGURES AND FANS. WE ARE NOT A BROKER OR AGENT FOR ANY OF THE SPORTS FIGURES OR FANS LISTED ON THE PLATFORM. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE PLATFORM, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE PLATFORM OR OTHER THIRD PARTIES. WE DO NOT ENDORSE ANY USERS OR OTHER THIRD PARTIES LISTED, REFERENCED, OR REGISTERED USING THE PLATFORM. WE MAY PLACE A SUSPENSION, HOLD, OR FREEZE ON USER ACCOUNTS OR PAYMENTS IF WE BELIEVE IT IS REASONABLY NECESSARY IN ORDER TO COMPLY WITH APPLICABLE LAW OR TO PROTECT OUR SYSTEMS OR INTERESTS OR THOSE OF OUR USERS OR THIRD PARTIES, INCLUDING IN CASES OF SUSPECTED FRAUD OR ILLEGAL ACTIVITY. WE WILL HAVE NO LIABILITY FOR ANY SUCH ACTIONS. LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PLATFORM, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO US IN THE PAST THREE MONTHS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE PLATFORM IS TO DISCONTINUE YOUR USE THEREOF. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. RELEASE AND INDEMNITY You agree to release, defend, indemnify, and hold us, our past, present, and future affiliates, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from your: (i) use of the Platform; (ii) uploading of any User Generated Content; (iii) violation of these Terms; (iv) breach of your representations and warranties set forth in these Terms; (v) violation of the rights of a third party, including but not limited to intellectual property rights; (vi) harmful act toward any other user of the Platform with whom you connected via the Platform; and (vii) participation in any Offering you consider or enter into (including any dispute with a Sports Figure or Fan as to the performance of obligations under an Offering, quality of any services or deliverables, amount and timeliness of payment, etc.). We may opt to defend such claims at our sole discretion, in which case you will indemnify us for the costs of such defense. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. CALIFORNIA RESIDENTS HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” TERMINATION OF PLATFORM SERVICES These Terms shall remain in full force and effect while you use the Platform or are otherwise a user or member of the Platform, as applicable. We reserve the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) without notice. We may terminate or suspend your account at any time, for any reason, without liability to you. Your right to use the Platform will automatically terminate if you breach these Terms. You may stop using the Platform at any time; to delete your account please contact us as set forth at the end of these Terms. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive. If we terminate or suspend your account for any reason, 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. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil and/or criminal action. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE MAY CONTINUE TO HOST, DISPLAY, AND OTHERWISE USE USER GENERATED CONTENT EVEN AFTER YOUR ACCOUNT HAS BEEN TERMINATED. ARBITRATION AGREEMENT; WAIVER OF JURY TRIAL AND CLASS ACTION Please read this clause carefully as it requires you to arbitrate certain disputes and claims on an individual basis and limits the manner in which you can seek relief from us. This clause will be constructed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms and Conditions. THE PARTIES AGREE THAT ANY PAST, PRESENT AND FUTURE DISPUTES ARISING IN CONNECTION WITH THE PLATFORM OR THESE TERMS OR OUR PRIVACY POLICY, THE VALIDITY OR SCOPE OF THIS ARBITRATION AGREEMENT, YOUR PARTICIPATION OR OTHER ACCESS TO OR USE OF THE PLATFORM, OR ANY OTHER DISPUTE BETWEEN YOU AND US (COLLECTIVELY, “DISPUTES”) WILL BE EXCLUSIVELY RESOLVED IN BINDING, CONFIDENTIAL ARBITRATION USING THE DISPUTE RESOLUTION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN NEW YORK, NEW YORK. YOU ACKNOWLEDGE THAT THIS AGREEMENT TO ARBITRATE IS A SEPARATE AGREEMENT BETWEEN THE PARTIES GOVERNED BY THE FEDERAL ARBITRATION ACT, AND THAT ANY ALLEGED OR DETERMINED INVALIDITY OR ILLEGALITY OF ALL OR ANY PART OF THE TERMS, THE PLATFORM, OR THE PRIVACY POLICY (OR ANY OTHER POLICY GOVERNING YOUR USE OF THE PLATFORM) SHALL HAVE NO EFFECT UPON THE VALIDITY AND ENFORCEABILITY OF THIS AGREEMENT. WHILE THE FEDERAL ARBITRATION ACT SHALL CONTROL, TO THE EXTENT THE LAW OF ANY STATE IS APPLIED OR CONSIDERED WITH RESPECT TO ISSUES BEARING UPON THE ENFORCEABILITY OR SCOPE OF THIS AGREEMENT, YOU AGREE THAT THE LAW OF THE STATE OF NEW YORK SHALL EXCLUSIVELY APPLY, WITHOUT RESPECT TO ITS CONFLICT OF LAWS PRINCIPLES. YOU AGREE THAT: (a) The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, or successor rules, which are in effect at the time of arbitration is sought. Those rules are available at www.adr.org; (b) Arbitration will proceed on an individual basis. To the maximum extent permitted by applicable law, neither you nor us shall be entitled to consolidate, join or coordinate Disputes by or against other individuals or entities, or participate in any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding, or arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class or in a private attorney general capacity or otherwise seek to recover for losses incurred by a third party. In connection with any Dispute, any and all such rights are hereby expressly and unconditionally waived; (c) Arbitration will be handled by a sole arbitrator in accordance with the AAA Rules; (d) The AAA rules will govern payment of all arbitration fees; and (e) Except as otherwise may be required by the AAA Rules, the arbitration will be held in the jurisdiction in which you reside, conducted via telephone or other remote electronic means 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. THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS. YOU ACKNOWLEDGE THAT BOTH PARTIES ARE GIVING UP CERTAIN LEGAL RIGHTS THEY WOULD OTHERWISE HAVE TO LITIGATE DISPUTES, ENGAGE IN THE KIND OF DISCOVERY ALLOWED IN LITIGATION, AND OTHERWISE. You have the right to opt out of the mandatory arbitration provision by sending written notice of such decision to us at 52 East 80th Street, New York, NY 10075, Attn: Arbitration Opt-Out. Your notice must be received within 30 days from date you first created an account on the Platform, and must include your name and address, each email address you have used to set up an account on the Platform, and an unequivocal statement that you want to opt out of the mandatory arbitration provisions. If you opt-out as described above, we will be automatically deemed to have opted out as well and will be free to pursue legal claims in court against you in the event of any disputes. FORCE MAJEURE We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events. CORRECTIONS Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. We also reserve the right to discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Platform. We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith. MOBILE APPLICATION LICENSE If you access the Platform via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (i) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (ii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (iii) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (iv) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (v) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (vi) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (vii) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (viii) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application. GENERAL These terms are governed by and will be construed in accordance with the laws of the State of New York, without regard to the conflicts of laws provisions thereof. We may from time to time offer you the chance to try certain “beta” or “evaluation” products, services, features, or functionality (“Beta Offerings”). NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALL BETA OFFERINGS ARE PROVIDED ON A COMPLETE “AS-IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, AND WE WILL HAVE NO LIABILITY IN CONNECTION WITH THE BETA OFFERINGS. Some or all of the Platform’s features and services may be limited or unavailable to users who are not residents and/or citizens of the United States. You may not assign these Terms or these rights and obligations without our prior written consent; any purported assignment in violation of these Terms will be null and void. If any provision of these Terms is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect. You agree to be bound by any affirmation, assent, or agreement you transmit through the Platform. You agree that when you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable as to the terms thereof and the legal equivalent of your handwritten signature. These Terms and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms shall prevail over any communication between us via email or chat. You may provide notice to us by contacting us as set forth below. We may provide notice to you by email or regular mail at the address listed in your account profile, or through messages displayed or sent via this website or the Platform. CONTACT For more information or for help in answering any questions, please contact us at hey@getdaps.io.