Claim of Respect (aka Terms of Use Policy)

Last updated: 1/06/2018

  1. General

    These Terms of Use (the “Terms”, "Terms of Use") for the website https://dopeydaisy.com (the “Website”) constitute a legal agreement between the user (“you”, “your”, and “user”) of the Website and the parent company, The Dame Ranch, LLC (the “Company”, “Dopey Daisy”, “we”, “us”, and “our”). The Website is owned and operated by the Company.

  2. About the Website

    The Website provides a subscription service that allows users to create a business contact page ("Bizcard") that is housed on the Website's server. The Bizcard consists of a URL plus security code associated with individual contact information provided by user. The user can distribute this rich text preview link via text, email or other instant messenger service and recipients will have access to download user's contact information.

    The Website also provides customized graphics services that can be contracted separately.

  3. User (Your) Responsibilities and Acknowledgements

    The content of the Website's subscription products is intended to be distributed publically. As with print business cards, the electronic Bizcard is considered a tool for marketing, business solicitation or personal announcement. Anyone receiving your Bizcard link (URL) sent from you or someone else WILL HAVE access to any personal information you provided in your contact VCard.

    To protect our subscribers, the Website has provided a 5-digit security pin that must accompany your Bizcard URL to access your Bizcard site and contact information. This pin can be changed at anytime, by the user, preventing any further access to your contact information.

    Dopey Daisy DOES NOT distribute your Bizcard URL to anyone other than yourself when requested by you through the text or email request buttons found on the Website.

    By signing up for the Website and/or activating your Bizcard(s), you confirm and acknowledge that:

    • distributing your custom Bizcard Link allows recipients access to the contact information ("VCard") you provided in your Bizcard Content for the purposes of storing your contact information in their contact lists or other records;
    • broadcast posting your Bizcard Link on social media feeds like Facebook or Twitter allows anyone with access to your social media feed the ability to download your contact information.
    • you can prevent further distribution and access by changing your security pin via the Website;
    • it is NOT recommended, although not prohibited, to include private addresses or phone numbers in your VCard contact information;
    • you may change your VCard contact information at any time via the Website;
    • the images, content and contact information used in your Bizcard(s) ("Bizcard Content") does not solicit or advertise any illegal and/or unlawful activites or any activities that do not comply with Dopey Daisy's Terms of Use outlined in the > Guidelines of Respect section.
    • you confirm that the Bizcard contact information is yours to provide or that you are authorized to provide this contact information on behalf of the contact information owner.
    • your Bizcard Content does not violate any copyright, trademark, and other laws;
    • Dopey Daisy is not responsible for ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE DISTRIBUTION OF YOUR BIZCARD LINK OR BIZCARD CONTENT;
  4. Guidelines of Respect

    You are claiming by using this website that you are in agreement with the claims outlined below and that you intend to comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose. Our relationship with you is claimed at the highest level of alignment.

    In the event that you subscribe or puchase any Dopey Daisy products we claim, in our truth and on your behalf, to know who you are, what you are and how you serve. In reciprocity of this claim you also claim to know who we are, what we are and how we serve. In alignment with these claims and by accessing the Website you agree to honor the following:

    • You will not upload, post, email, transmit, or otherwise make available any content that:
      • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
      • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
      • discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
    • You will not “stalk,” threaten, or otherwise harass another person;
    • You will not spam or use the Website to engage in any commercial activities;
    • You will not access or use the Website to collect any market research for a competing business;
    • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;
    • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
    • You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
    • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
    • You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
    • We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content that does not align to truth.
  5. Claim of Maturity

    the Website is available for individuals aged 13 years or older unless accompanied by a parent or guardian. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

  6. Agreement to Respect Content

    The Website contains or may contain material, such as videos, exercises, claims of truth, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content may be owned by us or third parties. Recognizing that we are in agreement with applicable laws and authorities both in the United States and in foreign countries, please be reminded that the Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Please get permission first before using content for any purposes other than outlined herein, issued through instructions on the Website or for personal use. When and if you use Content please retain all copyright and other proprietary notices contained in the original Content.

  7. Registration of user accounts

    To purchase a subscription, you are required to create a user account on the Website (the “Account”).

    You agree to provide us with complete and accurate information when you register for an account.

    Your Account is not transferrable.

    You agree to update your user account as soon as any changes in your contact information occur to ensure that your user account is up-to-date.

    You may request termination of your user account at any time, for any reason.

    To terminate your user account, please contact the Company by writing an email to admin@dopeydaisy.com.

    Upon the termination of your user account, your Bizcards and Bizcard Content will be deleted.

  8. Daisy Products

    Annual Product Subscription

    Your annual subscription for Dopey Daisy will start when Dopey Daisy confirms your payment and will continue for a period of one year. Annual subscriptions purchased from Dopey Daisy are paid in full in advance. When you purchase an annual subscription, auto-renew is automatically selected in your Dopey Daisy Account. At the end of the annual subscription period, Dopey Daisy will sign you up and bill you for an additional subscription term of one year. If you do not wish your subscription to auto-renew, you may uncheck the auto-renew box in your Dopey Daisy Account prior to the end of your current subscription term.

    General Terms and Conditions for all Subscriptions and Products

    Subscriptions are non-cancelable and non-returnable. You may change your auto-renewal preferences in your Dopey Daisy Account, but no refunds will be paid on any remaining subscription period.

    If you allow your Subscription to lapse, your Dopey Daisy products including but not limited to Dopey Daisy Bizcards will be unavailable. Your Dopey Daisy Bizcards will be deactivated and no longer available to the public or the subscriber. To reactivate and access your Dopey Daisy Bizcard and link, you will need to renew your subscription, if applicable, or purchase a new subscription

    Dopey Daisy reserves the right to delete your products from Dopey Daisy servers if you fail to pay subscription fees when due. Dopey Daisy will attempt to send an email to the address designated in your Dopey Daisy account prior to such deletion. Dopey Daisy encourages you to keep a local backup of your Projects.

    Subscriptions and product pricing is subject to change. New pricing takes effect upon renewal of your subscription.

    Dopey Daisy reserves the right to cancel subscriptions and delete products that do not comply with Dopey Daisy Claim of Respect Policy.

    Neither Dopey Daisy nor its third party licensors shall have any liability for any error, omission or defect in Dopey Daisy products, any inability to use Dopey Daisy or inability to access Dopey Daisy products online, or any loss or deletion of customer content or data, including but not limited to Dopey Daisy Bizcards.

  9. Claim of Contact

    The intention of the Website is to increase the simplicity of networking and making connection with others. We encourage users to email us. Upon emailing us please follow the Respect Guidelines in your messages. All exchanges should be for the highest good of both parties. We do not want you to email us any content that contains confidential information or infringes on any copywrite, trademark or other applicable laws.

  10. Freedom from Warranties and Liability

    Issuing from our claim of freedom, we offer no warranties on the content of this site or the performance of the Website. In case this is not clear we have included some legal mumbo jumbo below. When you access the Website you are agreeing that you will not file any frivolous lawsuits against us for any reason. While our content resonates with truth, it is our truth and not intended to coerce or convince others of its value. And in truth, eternal unchanging truth, a lie will not be held. By using the Website you are choosing to refrain from abnegating your authority to us and will take sole accountability for the results, events, revelations and outcomes that might proceed from using our content.

    the Website AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT the Website WILL OPERATE ERROR-FREE OR THAT the Website, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

    WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE the Website OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF the Website OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

    the Website MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON the Website. the Website MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON the Website DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO the Website AT ANY TIME WITHOUT NOTICE.

  11. Links to External Sites

    the Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the Website administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

  12. Agreement with Applicable Laws

    the Website are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

  13. Freedom to Terminate

    We are free to do whatever we want with our website within the boundaries of legal jurisdictional governance and as such we reserve the sole discretionary right to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. The following sections shall survive any termination of this Agreement: “Guidelines of Respect”, “Agreement to Respect Content, “Freedom from Warranties and Liability,” “Freedom to Terminate,” “We Love Florida,” “Freedom to Disagree,” “Freedom from Collective Disagreement,” and “Miscellaneous.”

  14. We love Florida

    This Agreement and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions.

  15. Freedom to disagree

    In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA")

  16. Freedom from collective disagreement

    You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  17. Miscellaneous

    Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.