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"), a wholly owned subsidiary of Yahoo! Inc. (“Yahoo!”).  Please read the following terms and conditions ("Terms of Use") carefully.  By accessing and using Dapper and/or the products and services contained therein (described below), you accept and agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use Dapper or the products or services provided through the Website.

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 can 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 such use or the public domain.

Intellectual Property of Others

The Company respects the Intellectual Property rights of content owners.  Therefore, you may only use Dapper to create Dapps or use Dapps created by others as long as such creation and usage is not prohibited by 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 for ensuring that you hold all licenses, rights, consents, and permissions necessary 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.  You agree that the Company does not endorse and is not responsible or liable for any Dapps created by Dapper users.

As further described below, the Company may take measures to remove or block Dapps which may infringe upon the copyrights of others.  The Company may also disallow the creation of Dapps when the content they use is flagged accordingly or blocked in any other way.

Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringement

Dapper respects the intellectual property of others, and We ask our users to do the same.  Dapper may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Yahoo!'s Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Yahoo!'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Yahoo! Inc.
701 First Avenue
Sunnyvale, CA 94089
By phone: (408) 349-5080
By fax: (408) 349-7821
By email: copyright@yahoo-inc.com

Block Access to Your Website

While We encourage content owners to use and allow use of Dapps relating to their content, We respect those who wish to block any use of their website via Dapper for whatever reason. In addition to a request 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 determine in its sole discretion 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 terminate your user account by electing to do so in the “Account Settings” section of our website. We may deny or terminate any individual use of Dapper – or terminate your user account with Dapper - for any reason, at any time and at our sole discretion without prior notice.  Cause for such termination can include, without limitation, our determination that you are a repeat infringer.  A 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.  You agree that Company shall not be liable to you or any third party for the termination of any use of Dapper or your user account with Dapper. 

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:

• When your account is terminated – either by you or by Us;
• When We find, in our sole discretion, that you may have breached these Terms of Use;
• When the owner of any content your Dapp includes, chooses to block the content pursuant to these Terms of Use;
• When the Company receives a notification of infringement from a content owner who believes that their intellectual property was infringed by your Dapp. 

• If we choose to discontinue the operation of Dapper;

You agree that the Company shall not be liable to you or any third party for the deletion, blocking or removal of Dapps you created, contributed to or used.

Subscription Registration and Eligibility

Using Dapper requires a 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 represent and warrant that:  1) the information you provide is accurate, current, and complete; 2) you are 18 years of age or older; 3) you are legally competent to enter into a binding agreement; and 4) if you subscribe with Dapper on behalf of any other person but yourself, you are fully authorized to act on their 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, in our sole discretion, that the user name 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.

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 compliance with 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 these Terms of Use.  You do not have the right to use Dapps on any other computer-server.

You agree to grant Company and all other users of Dapper the license to copy, use, integrate, disseminate, distribute, make available to the public, change and make derivatives of Dapps you created.  

You further agree that the titles and/or descriptions that you provide for the Dapps you create will be relevant to their content, and will not be libelous, misleading, defamatory or otherwise harmful.

Acceptable use of Dapper

1. You agree to use Dapper only for lawful purposes. You further agree that you will not: 
2. Infringe or breach these Terms of Use or any other applicable instructions conveyed by the Company;
3. Locate, retrieve, aggregate, integrate, extract, manipulate, post, disseminate, transmit or otherwise make available -
   • any Dapps that infringe upon the Intellectual Property rights of others, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other Intellectual Property rights;
   • software viruses, Trojan horses, worms, or 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 violate any law;
   • any information or material which may be deemed threatening, abusive, harassing, defamatory, libelous, obscene or racially, ethnically or otherwise objectionable;
4. Interfere with or disrupt the functionality of Dapper;
5. Use robots, crawlers and similar applications to collect and compile content from Dapper;
6. Violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
7. Impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
8. Collect or process personal information of Dapper users without their explicit consent; 
9. 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, provided such Dapps are stored on our computer-servers. When you incorporate Dapps in your website or application, you agree

1. Not to use DAPPER, the Company's name, trademark or logo, or Yahoo!’s trademarks, trade names, or logos to promote your website or application;  
2. 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 solely responsible for your use of Dapper and any Dapps that you create, display or transmit. You are further solely responsible for any use of Dapper made under your account. You 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 limit may be set with or without  prior notice to you and it may be applied to all or any Dapper user, including to you only.  When the limit is exceeded, the Company may block further use of your Dapp without prior notice to you.

Privacy

We respect your privacy. Click here to read our current privacy policy, which is incorporated into these Terms of Use.  Since this privacy policy may change from time to time, it is recommended that you read it periodically.  

Intellectual Property of Company

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 to Dapper or Yahoo!.

Unless otherwise expressly permitted in these Terms of Use, 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, rent, reverse engineer, modify and/or 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 Yahoo!, or take any other action, which infringes or impairs the trademark rights of the Company or Yahoo!.

The Company has the irrevocable, unlimited, royalty free, sublicenseable right to use all information (excluding personal information, but including any idea, innovation, opinion, commentary, criticism, etc.) that you 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, sublicenseable, right to use all information you incorporate in Dapps you created, including field 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, sublicenseable 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.  You acknowledge and agree that the Company is not responsible for the availability of such third party websites or content, and it is not responsible or liable for any content, advertising, products, or other materials of any third party.

Advertisements

Dapper may include paid advertisements 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. You acknowledge and agree that the Company is not responsible or liable 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, products and services provided therein. 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 caused by the introduction of such changes or from malfunctions or any kind of failure that may result from the introduction of changes to the Website, or the information, products and services provided therein. 

Modifications to Terms of Use

We may change these Terms of Use from time to time.  The modified Terms of Use shall become effective upon their initial posting on this site.  Your continued use of Dapper after the modified Terms of Use have become effective will signify your acceptance of such terms.  If you do not agree to the modified Terms of Use, you should stop using Dapper immediately.

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 PRODUCTS AND SERVICES INCLUDED WITHIN, ARE BEING PROVIDED FOR USE ON AN “AS IS” AND “AS AVAILABLE BASIS,” 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, AGAINST THE COMPANY OR YAHOO!, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, 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 ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDNG BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE COMPANY, YAHOO!, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF DAPPER, THE PRODUCTS AND SERVICES INCLUDED WITHIN, AND INFORMATION AND CONTENT OBTAINED FROM DAPPER OR THROUGH IT.

THE COMPANY, YAHOO!, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT WARRANT THAT DAPPER OR THE PRODUCTS AND SERVICES INCLUDED WITHIN WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT DAPPER OR THE PRODUCTS AND SERVICES INCLUDED WITHIN ARE FREE FROM ALL HARMFUL COMPONENTS. ANY USE OF DAPPER, OR INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH DAPPER, IS AT YOUR OWN RISK.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY, YAHOO!, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS  SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES, EXPENSES OR PAYMENTS RESULTING FROM YOUR USE OF DAPPER, OR THE PRODUCTS AND SERVICES INCLUDED WITHIN, OR THE INABILITY TO USE THEM.

THE COMPANY, YAHOO!, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONTENT, INFORMATION OR ADVICE UPON WHICH YOU DECIDE TO RELY FURTHER TO  USE  DAPPER – INCLUDING WITH RESPECT TO DAPPS YOU FOUND AT DAPPER. THE COMPANY, YAHOO!, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONTENT, INFORMATION OR ADVICE, AND YOUR RELIANCE ON SUCH CONTENT, INFORMATION AND ADVICE IS AT YOUR SOLE AND WHOLE RISK.

DAPPS FOUND AT DAPPER MIGHT BE INACCURATE, NOT UPDATED, 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, YAHOO!, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WITH RESPECT THERETO.  

Indemnification

You agree to indemnify and hold the Company, Yahoo!, and their subsidiaries, affiliates, officers, employees, agents, partners and licensors,  harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Dapps you create or make available, your website or application or the inclusion of Dapps therein, your use of Dapper, your breach of these Terms of Use, or your violation of any rights of another.  

Governing Law and Jurisdiction

You and Company each agree that the Terms of Use and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Use, or the relationship between you and Company, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Company agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

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 are not revealed.  

General

Entire Agreement. These Terms of Use constitute the entire agreement between you and the Company with respect to the use of Dapper and supersede any and all other agreements between you and the Company with respect the use of Dapper.

Waiver. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms of Use 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 of Use 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 of Use shall continue in full effect and force.

Survival. The provisions concerning Intellectual Property, Disclaimer of Warranty, Limitation of Liability and Indemnification shall survive the termination or expiration of these Terms of Use.