Terms of Use
Welcome to www.dapper.net ("Dapper" or the “Website”). Dapper is owned and operated by Dapper, Inc. (the "Company", "We" or "Us"). Please read carefully the following terms and conditions ("Terms of Use"), because they constitute a binding agreement between you and the Company. By accessing Dapper or by using it in any other manner, you signify your acceptance to these Terms of Use. If you do not agree to these Terms of Use, you may not access Dapper or use it in any other manner.
What is Dapper
Dapper is a powerful tool for information location, management and manipulation. It allows you to build web applications and mashups called "Dapps" using data from any HTML web page without any programming. Dapps produce an XML stream which can then be combined in your website or application. Furthermore, Dapper provides a set of tools to transform this XML stream into other formats, including RSS, email, and Google Maps. Dapps are stored on Dapper’s servers but the data is streamed from the information source. With Dapper you can create your own Dapp or use a Dapp created by another user - either as it is or as a means of producing a new Dapp.
For Whom is Dapper Intended?
Dapper is designed for content owners who wish to gather, manipulate and disseminate their content in new formats without the burden of reprogramming their systems or programming new systems. Dapper may also introduce features that enable content owners to take full control over the dissemination of their content: it will enable them to decide who is authorized to use their content, in what way, under which conditions and for what price (if at all).
We also cater to webmasters, programmers and individuals who wish to locate, aggregate, display or share information from various websites that permit this or from public domain or unprotected resources.
Intellectual Property of Others
The Company respects the Intellectual Property rights of content owners. Therefore, you may use Dapper to create Dapps or implement Dapps created by others only as long as such creation and usage is not prohibited under these Terms of Use or otherwise prohibited by law.
YOU MAY NOT USE DAPPER TO INFRINGE UPON INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, including copyrights, patents, trademarks, trade secrets, designs or any other rights. You are solely responsible to make sure that you hold all licenses and consents to locate, retrieve, manipulate or use information from any other websites.
Except for providing an online application, the Company is not involved in the creation or use of Dapps (including any content that a Dapp relates to) by Dapper users. The Company does not endorse any Dapps created by Dapper users.
As further described below, the Company takes measures to ascertain that Dapps which infringe upon the copyrights of others shall be removed or blocked. The Company may also disallow the creation of Dapps when the content they use is flagged accordingly or blocked in any other way.
Request to Remove Dapps
If you believe that certain content on Dapper infringes upon copyrights that you own or represent, you may send our Copyright Agent a written notification, pursuant to the provisions of the Digital Millennium Copyright Act of 1998 ("DMCA"). To be effective, your notification of claimed infringement must be a written communication provided to our designated copyright agent that includes substantially the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
(3) 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;
(4) Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(5) 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;
(6) 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;
After receiving your communication, we may ask you to provide us with further or supplemental information, prior to removing any content from the Site, as we deem necessary to comply with the provisions of the DMCA. We may also provide the person who Posted the allegedly infringing content with your contact details, in order for that person to be able to contact you and challenge your claim.
Our designated copyright agent is:
Eran Shir
HaEgoz 60, Neve Yarak, Israel;
telephone number: +972-77-554-5040;
e-mail address: ;
Please note that our Copyright Agent receives DMCA notifications only. Any other matters, such as comments, requests and other messages should be referred to our customer service representative at the address published on the Site.
Block Access to Your Website
While we encourage content owners to use and allow use of Dapps relating to their content, we respect those of them who wish to block any use of their website via Dapper for whatever reason. In addition to requests for removal of specific content, if you want to block any future creation of Dapps that use content from your website and also block Dapps that already do so, please submit our Access Restriction Form and follow the verification procedure we take to eliminate false requests. We will follow your instructions expeditiously. You may always choose to change your instructions in the future.
Monitoring Dapps
Dapper reserves the right, but is under no obligation, to decide whether a Dapp complies with these Terms of Use. Dapps that are found incompatible may be deleted, removed or blocked without any notice to you.
Termination
You may discontinue your use of Dapper for any reason and at any time. You may also cancel your user account by electing to do so in the “Account Settings” section of our website. Your account on Dapper shall be removed expeditiously.
Blocking, deleting or removing Dapps
We may block, delete or remove the Dapps you created without any prior notice in any of the following events:
(1) Your physical or electronic signature;
(2) Identification of the Dapp that has been removed or to which access has been disabled and the location at which the Dapp appeared before it was removed or access to it was disabled.
(3) A statement under penalty of perjury that you have a good faith belief that the Dapp was removed or disabled as a result of mistake or misidentification of the Dapp to be removed or disabled.
(4) Your name, address, and telephone number, and a statement that you consents to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the we may be found, and that the you will accept service of process from the person who provided notification or an agent of such person.
You will have no complaint, claim or demand towards the Company, its affiliates, successors or assignees, regarding the deletion, blocking or removal of Dapps you created, contributed to or used.
Subscription Registration and Eligibility
Using Dapper requires subscription as specified hereunder. Currently, the subscription is free for any personal and non-commercial use. You may use Dapper only if you successfully completed the subscription procedure.
When you subscribe to Dapper, we may ask you to provide your contact details and other personal information. Please make sure to submit only complete, true and accurate information. By submitting the subscription form, you warrant and declare that the information you provide is true and complete, that you are 18 years of age or older, that you are legally competent to enter into a binding agreement, and that if you subscribe with Dapper on behalf of any other person but yourself, you are fully authorized to act on her behalf.
To login, you must use your personal user name and password, which you selected in the course of registration. We reserve the right to require you to change your username in the event that we determine, at sole discretion, that the username you created is offensive. We may establish and require from time to time additional or different means of identification for logging in and accessing certain services.
Please maintain your user name and password in absolute confidentiality and refrain form disclosing them to others. Make sure you change your password frequently and at least once every six months.
You are fully responsible for any outcome resulting from your failure to provide true, accurate and complete details during the registration process, and for any use (or misuse) of your account on Dapper as a result of conveying your details to someone else.
We may deny or cancel any individual use of Dapper – or cancel your user account with Dapper - for any reason, at any time and at our sole discretion. We may notify you that we canceled your account by sending a message to the e-mail address that you provided during the registration process. The cancellation shall come into effect on the date stated in the message. Such notification may come into effect immediately. Usually we will terminate an account if you are determined to be a repeat infringer. Repeat infringer means a user who has been notified of infringing activity more than once or has had a Dapp removed from Dapper more than once. However, we may decide, at our absolute discretion, that a sufficient reason exists for the immediate termination of your account.
License to use Dapper
As a registered user we grant you a personal, non-exclusive, non-transferable time limited license to access and use Dapper, subject to the foregoing, and conditioned upon your full compliance to these Terms of Use. You agree not to use Dapper for any other purpose without our prior explicit written consent. You may use your Dapps only on the Company's computer-servers, subject to the above and under Terms of Use. You have no right to use Dapps on any computer-server other than the Company's ones.
You agree and license the Company and all other users of Dapper to copy, use, integrate, disseminate, distribute, make available to the public, change and make derivatives of Dapps you created.
You agree to provide titles or descriptions of the Dapps you created that relevant to their content, and that are not libelous, misleading, defamatory of otherwise harmful.
Acceptable use of Dapper
You agree to use Dapper only for legal purposes. You further agree to refrain from willfully, or carelessly –
(1) Infringe or breach these Terms of Use or any other applicable instructions conveyed by the Company;
(2) locate, retrieve, aggregate, integrate, extract, manipulate, post, disseminate, transmit or otherwise make available –
§ any Dapps that infringes upon the Intellectual Property of others, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights;
§ software viruses, Trojan horses, worms and any other malicious application to computers or networks;
§ any information or material which may constitute or encourage conduct that would constitute a criminal offense or civil wrong doing or otherwise violates any applicable law;
§ any information or material which may be deemed threatening, abusive, harassing, defamatory, libelous, obscene or racially, ethnically or otherwise objectionable;
(3) Interfering with or disrupting the functionality of Dapper;
(4) Using robots, crawlers and similar applications to collect and compile content from Dapper;
(5) Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
(6) Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
(7) Collecting or processing personal information of Dapper users without their explicit consent;
You further agree that you will not use Dapper to post advertisements or solicitations of business.
Including Dapps in your website or application
Subject to these Terms of Use you may use Dapps in your website or application, as longs as the Dapps are stored on our computer-servers. When you incorporate Dapps in your website or application, you agree –
(1) Not to use Dapper's or the Company's name, trademark or logo to promote your website or application;
(2) Indemnify and hold the Company, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on its behalf harmless with respect to any complaint, claim, demand, damage, loss, loss of profit, expense or payment (including attorney’s fees and legal expenses) occasioned to them resulting from your website or application;
(3) That the Company may block, delete or remove any Dapp incorporated in your website or application according to these Terms of Use.
User Responsibility
You agree that you are responsible for your use of Dapper and any Dapps that you create, display or transmit. You are further responsible for any use of Dapper made under your account. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to create, use and authorize the Company to use all patent, copyright , trademark, trade secret or other proprietary rights in and to any and all Dapps, and to enable inclusion and use of the Dapps in the manner contemplated by Dapper and these Terms of Use.
Limitation of Transmissions
We may set an upper limit on the volume of information you send or receive through Dapps you created. Such a limit may be set with or without a prior notice to you and it may be applied to all or any Dapper user, including to yourself only. When the limit is exceeded, the Company may block further use of your Dapp without having to give you a notice.
Privacy
We respect your privacy. Click here to read our current privacy policy. Our privacy policy constitutes an integral part of these Terms of Use. Given that the privacy policy may change from time to time, it is recommended that you read it periodically.
Intellectual Property
The Company retains all rights, title and interest in and to Dapper including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith. These Terms of Use do not grant you any rights to patents, copyrights, trade secrets, trade names, trade marks (whether registered or unregistered), domain names or any other rights, functions or licenses with respect of Dapper.
Unless otherwise expressly permitted in these terms, you are not allowed to copy, distribute, display publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, translate, sell, land, rent, reverse engineer, modify and create derivative works of any of the intellectual property rights in Dapper, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, without prior written authorization from the Company.
You may not adapt or use any trademark or trade name that is likely to be similar to or may be confused with that of the Company, or take any other action, which infringes or impairs the trademark rights of the Company.
The Company has irrevocable, unlimited, royalty free, sublicense-able, right to use all information (excluding personal information, but including any idea, innovation, opinion, commentary, criticism etc.) that you shall submit to the Company in any manner whatsoever regarding Dapper. If and to the extent such a license is required by law, you also grant the Company an irrevocable, unlimited, royalty free, sublicense-able, right to use all information you incorporate in Dapps you created, including field's names, tags and any meta-data.
Subject to the Company's intellectual property rights as specified above, we do not claim ownership over the compilation rights in Dapps you create, if and to the extent that such compilation is protected by copyright law, you retain all title to it. However, you expressly agree that exercising your rights in the compilation is subject to these Terms of Use. Also, since the Company and Dapper users can create new Dapps based on yours – and you can create new Dapps based on theirs - you hereby grant the Company and Dapper users a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the Dapps you created in any media.
Links to Other Sites
Dapper may contain links to content from other websites or external sources, provided by third parties. We do not operate or monitor these websites and neither endorse, or sponsor its content, or confirm its accuracy, reliability, validity, or legality. The Company is not responsible for the availability of such third party websites or content, and it may not be deemed responsible or liable for any content, advertising, products, or other materials of any third party.
Advertisements
Dapper may include paid advertisement on behalf of interested vendors. By clicking the advertisements you may be shifted to a website of the advertiser or receive any other messages, information or offers from the advertiser. The Company is not responsible for the privacy practices of the advertiser, or the content of its website, information, messages or offers. You are fully responsible for all communications with advertisers and to all transactions that take place subsequently.
Changes in Dapper
We may from time to time change Dapper's layout, design or display, as well as the scope and availability of the information and service therein. Changes of this type by their very nature may cause inconvenience or even malfunction at first. You shall not have any complaint, claim or demand whatsoever against the Company, its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, sub-contractors and agents ensuing from the introduction of such changes or from malfunctions or any kind of failure that may result from the introduction of changes to the Website.
Amendments of Terms of Use
We may from time to time change these Terms of Use. All amended terms and conditions shall become effective seven (7) days after their initial posting on the Site (unless the amended terms and conditions are for your benefit, or requiring to conform with legal requirements – then the amended terms shall become effective immediately upon their initial posting).
Continuing to use Dapper after the amended terms becomes effective, shall be deemed as your full acceptance of the amended Terms of Use and conditions. If you will not agree to the amended terms and conditions, you should stop using Dapper.
Site and Service Availability
Dapper's availability is dependant on various factors such as software, hardware and communication networks of the Company, its contractors and suppliers. These factors are not fault free or tolerant, hence the Company cannot guarantee that the Website will not be disturbed, will be timely, secure or error free. The Company shall use reasonable efforts to ensure that the Service will be accessible online, free from errors. Nevertheless, the Company does not guaranty, warrant or represent, that Dapper will actually be available at all times or that the service shall be free of errors.
Termination of Dapper's operation
The Company may at all times, at its sole discretion, discontinue, temporarily or permanently, the operation of Dapper, or any part thereof. The Company will use reasonable efforts to give prior notice to such discontinuation. At any time, the Company may block, remove or delete any Content from the Website, without maintaining any backup copy.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT DAPPER AND THE SERVICE INCLUDED WITHIN ARE BEING PROVIDED FOR USE AS IS, AND THEREFORE YOU WILL NOT HAVE ANY COMPLAINT, CLAIM OR DEMAND, WHETHER BASED UPON CONTRACT LAW, TORT LAW OR ON ANY OTHER CAUSE OF ACTION, VIS-A-VIS THE COMPANY WITH RESPECT TO DAPPER, ITS PROPERTIES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. THE USE OF DAPPER IS ACCORDINGLY BEING MADE AT YOUR SOLE AND WHOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
THE COMPANY DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF DAPPER, THE SERVICE, INFORMATION AND CONTENT OBTAIND FROM DAPPER OR THROUGH IT.
THE COMPANY DOES NOT WARRANT THAT DAPPER OR THE SERVICE WILL OPERATE IN AN UNINTERRAUTED OR ERROR-FREE MANNER OR THAT DAPPER IS FREE FROM ALL HARMFULL COMPONENTS. USE OF INFORMATION OR CONTENT OBTAINED FROM OR THROUGH DAPPER IS AT YOUR OWN RISK.
Limitation of Liability
IN ANY EVENT, THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGE (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), LOSS, EXPENSE OR PAYMENT OCCASIONED TO YOU IN CONSEQUENCE OF THE USE OF DAPPER OR THE INABILITY TO USE IT.
THE ONLY LIABILITY THAT THE COMPANY HAS IS TO TAKE RESONABLE EFFORTS IN ORDER TO ENSURE THAT THE SITE SHALL BE ACCESIBLE, AND THAT THE SERVICE SHALL BE ACCESIBLE TO REGISTERED USERS IN ACCORDANCE WITH THESE TERMS OF USE.
YOU WILL NOT HAVE ANY COMPLAINT, CLAIM OR DEMAND VIS-A-VIS THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WITH RESPECT TO ANY CONTENT, INFORMATION OR ADVICE UPON WHICH YOU DECIDE TO RELY FURTHER TO THE USE OF DAPPER – INCLUDING WITH RESPECT TO DAPPS YOU FOUND AT DAPPER. THE COMPANY WILL NOT BE DEEMED RESPONSIBLE FOR ANY CONTENT, INFORMATION OR ADVICE, AND RELIANCE ON SUCH CONTENT, INFORMATION AND ADVICE IS AT YOUR SOLE AND WHOLE RISK.
DAPPS FOUND AT DAPPER MIGHT BE INACCURATE, UNUPDATED, OFFENSIVE, INFRINGING UPON THIRD PARTY'S RIGHTS, INDECENT, OR OBJECTIONABLE. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WITH RESPECT THERETO.
Indemnification
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on its behalf harmless with respect to any complaint, claim, demand, damage, loss, loss of profit, payment or expense occasioned to them (including attorney’s fees and legal expenses) resulting from a breach of these Terms of Use.
Governing Law and Jurisdiction
These Terms of Use and the relationship between you and the Company shall be governed only by the laws of the State of New York, U.S.A. without regard to its conflict of law provisions.
The competent courts located in the city of Tel-Aviv, Israel, shall have sole jurisdiction over any claim in connection with the Dapper and with respect of any matter relating to the validity, applicability, performance or interpretation of these Terms of Use.
You agree to the jurisdiction of the above mentioned courts, agree to accept services of process by mail, or by e-mail, and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.
Notices
The Company may provide you notice via e-mail regular mail or postings on Dapper. Your notices to the Company shall be given via e-mail in accordance with the Company's instructions published, from time to time on Dapper. The Company reserves the right to publish in public – including on Dapper - any communications with you, as long as your personal details shall not be revealed. All communications between the Company and yourself shall be deemed accepted after one business day.
General
Entire Agreement. These Terms constitute the entire agreement between you the Company with respect to the use of Dapper and supersede any and all other agreements.
Waiver. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms or pursuant hereto shall be effective unless consented to explicitly and executed in writing by an authorized representative of the Company.
Failure to Demand performance. Failure on the part of the Company to demand performance of any provision in these Terms shall not constitute a waiver of any of the Company's rights under these Terms.
International Sale of Goods. The United Nations Convention on Contracts for the International Sale of Goods shall not govern these Terms of Use.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation, or construing of these Terms.
Severability. If any provision of these Terms is held illegal, invalid, or unenforceable by a competent court, than the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full effect and force.