Tech Wizard Terms & Conditions
TECH WIZARD TERMS AND CONDITIONS
Last Updated: 10.5.16
These Tech Wizard Terms and Conditions (“Terms” or “Agreement”) are a legal and enforceable agreement between Drippler Ltd. (“Drippler”), and you (“you” and “your,” as applicable). These Terms govern your participation as a Tech Wizard (as defined below) in the App (as defined below), unless superseded or amended by a further agreement. By clicking through this Agreement, such as through the designated “Accept,” “Agree” or similar button we provide, you agree to all of the below terms, and those referenced in the terms. If you do not agree to all of these Terms, you may not act as a Tech Wizard or provide Advice in Drippler. In order to serve as a Tech Wizard, you must be at least 18 years of age.
You must agree to these Terms if you would like to provide advice in your area of computing expertise to End Users (as defined below) of Drippler
1. DEFINITIONS. The definitions for some of the defined terms used in this Agreement are set forth below. The definitions for other defined terms are set forth elsewhere in this Agreement.
1.1 “Advice” means a response provided by a Tech Wizard in connection with technology related queries by an End User submitted through the chat function in the App.
1.2 “App” means the Drippler proprietary app, available for Android and iOS and available at Drippler.com and/or through Facebook Messenger and other messenger platforms that offers content, information, answers and recommendations to users, including by electronic means and through access to Tech Wizards.
1.3 “End User” means an end user of the App.
1.4 "Guidelines" mean the guidelines located at https://goo.gl/OqyVfA which explain how the Tech Wizards will operate, receive queries, format responses, etc.
1.5 “Intellectual Property” has the meaning specified in Section 5 below.
1.6 “Service” means the services, including but not limited to Advice, provided to End Users via the App or any other format. Drippler reserves the right to change the availability of any feature or function relating to the Service, at any time, without notice or liability.
1.7 “Tech Wizard” means an individual who registered with and has been accepted by Drippler to provide answers, recommendations and information in his/her area of computer technology expertise to End Users and who has agreed to these Terms.
2. IMPLEMENTATION AND RESTRICTIONS ON USE.
2.1 Tech Wizard Registration.
2.1.1 If you wish to serve as a Tech Wizard, you must submit a registration form (the “Registration Form”) available at https://goo.gl/forms/YLtTJRhBqVsQT0Us2. Drippler will review the Registration Form and notify you in writing as to whether or not you have been approved. You acknowledge that such approval shall be in Drippler’s sole discretion.
2.2.1 You are aware that at no time will you be employed or engaged by Drippler. You shall not hold yourself out as an employee of Drippler and you shall not otherwise claim to have the authority to bind Drippler in any manner. You shall however be entitled to note yourself as a Tech Wizard of Drippler if approved by Drippler as such.
2.2.2 You are aware that if accepted as a Tech Wizard, you shall provide Advice free of charge to both Drippler and any End User. At this point in time, the Service is being offered as a “freemium service.” You shall not solicit any payment, in cash or in kind, for any Advice provided in the context of this Agreement. You shall not request and you shall not make any use of any credit card or other payment information from any End User. You shall not refer any End User to a third party service provider from which you receive any benefit or remuneration.
2.2.3 You shall not solicit any personal information of any kind (including but not limited to name, email address, phone number, physical address or location) from an End User. Other than using an End User’s name for the purpose of addressing him/her in the context of providing Advice within the App, if an End User provides you with such information (intentionally or unintentionally), you are not permitted to use it at any time for any purpose. You are aware that Drippler may monitor any communications with End Users in the App and you hereby acknowledge that Drippler may freely access and use any data contained in the transcripts of such communications. You further acknowledge that at such time Advice is provided via the App, it becomes the sole property of Drippler.
2.2.4 You acknowledge that: (i) at any given time, there will be several Tech Wizards registered with and consequently Drippler does not guarantee that it will use you as a Tech Wizard for any specific query or that you will be provided with a minimum number of queries, (ii) Drippler is not responsible for any content or query made by an End User, and (iii) Drippler is not responsible for any actions or claims by any End User.
2.2.5 You will not (and will not permit any third party to) make any use or disclosure of the Service that is not expressly permitted under this Agreement. Without limiting the foregoing, you will not (and will not permit any third party to): (i) allow any third party to use or access the Service using your access credentials; (ii) use the Service in violation of any applicable law or regulation or for any purpose not specifically permitted in this Agreement; (iii) copy, modify, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, or disassemble any portion of the App or the Service in any way; (iv) create a browser, frame, border environment or GUI around the chat functionality in the App; (v) interfere with or disrupt the operation of the App or the Service, or the servers or networks that host the App and the Service or make the App and/or Service available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (vi) interfere with or violate End Users' rights to privacy and other rights, or harvest or collect general or personally identifiable information about End Users without their express consent, using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to access the App and/or retrieve index and/or data-mine information; (vii) impersonate any person or entity or provide false personal information or business information, for the purpose of providing Advice or gaining unlawful access to the App and/or the Service; (viii) falsely state or otherwise misrepresent Your affiliation with any person or entity, or express or imply that Drippler endorses you, your sites, your business or any statement you make, or present false information about the Service; (ix) transmit or otherwise make available in connection with the App and/or the Service any virus, "worm", "Trojan horse", "time bomb", "web bug", spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (x) use the App or the Service for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly; (xi) initiate or engage in any communication of any kind that encourages, solicits, induces, diverts, entices, or otherwise diminishes Drippler’s business or relationship with any other Tech Wizard, advertiser or End User or (xii) use, display or distribute outside of the App the contents of your communications with End Users without the express written consent of Drippler.
2.3 Guidelines. The technical operating procedures are set forth in the Guidelines.
2.4 No Licenses. Except as explicitly stated herein, no licenses are granted by Drippler to you by implication or estoppel.
3. REGISTRATION; REPORTING; CONSENTS.
3.1 Sign-In Name; Password; Unique Identifiers. During the registration process to be accepted as a Tech Wizard, Drippler may require you to create an account, which may include a unique sign-in name (“Sign-In Name”), password (“Password”), and/or certain additional information that will assist in authenticating your identity when you log into the Service in the future (“Unique Identifiers”). When creating the account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used only by you. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifier, as well as for any use, misuse, or communications entered through the App using one or more of them. You will promptly inform Drippler of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. Drippler reserves the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Drippler will not be liable for any loss or damage caused by any unauthorized use of your account. You shall be responsible to Drippler for any and all of your acts or omissions.
3.2 Disclosure. You hereby grant Drippler the right to use your name (through any medium) in connection with the marketing or promotion of the Service.
3.3 Consents. You authorize Drippler to feature your Advice as part of the Service. You are solely responsible for determining the propriety and legality of your Advice. Drippler may at any time for any or no reason at all reject or remove you from the Service for failure to comply with these Terms and Conditions or for any reason whatsoever. You acknowledge that Drippler is not responsible for your Advice or anyone’s reliance on your Advice.
4.1 Termination. Drippler reserves the right in its sole discretion at any time to remove you as a registered Tech Wizard or suspend your access to the Service and you may notify Drippler to remove you from the Tech Wizard database and suspend your log-in at any time.
4.2 Effect of Termination. Upon termination of this Agreement, you will immediately cease all access of the Service.
4.3 Survival. The following provisions will survive termination of this Agreement: Section 1 (“Definitions”), Section 4.2 (“Effect of Termination”), Section 4.3 (“Survival”), Section 5 (“Ownership”), Section 6 (“Representations and Warranties; Disclaimer; Changes in Law”), Section 7 (“Limitation of Liability”), Section 8 (“Miscellaneous Provisions”).
5. OWNERSHIP; LICENSES.
5.1 Drippler Intellectual Property. Drippler owns and shall own all right, title, and interest in and to the Service, the App, Advice, including all source code, object code, operating instructions, and interfaces developed for or relating to the Service and/or the App, together with all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, and derivative works or data thereto, including all copyrights and other intellectual property rights relating thereto (the “Drippler Intellectual Property”). You will have no rights with respect to the Drippler Intellectual Property other than those expressly granted hereunder. You shall have no right to develop (or to permit any third party to develop) any software tool or other application that interfaces with the Service or the App.
5.2 No Introduction of Any Other Intellectual Property; License. At no time shall you introduce as part of the Advice your intellectual property (including but not limited to code, images, photos, and copyrights) or the intellectual property of any third party, other than any such intellectual property that readily available in the public domain.
6. REPRESENTATIONS AND WARRANTIES; DISCLAIMER; CHANGE IN LAW.
6.1 Mutual Representations and Warranties. Each party represents and warrants that it has the full right, power, and authority to enter into this Agreement, to discharge its obligations hereunder, and to grant the licenses granted hereunder.
6.2 Your Additional Representations and Warranties. You further represent and warrant to Drippler that: (i) you have been forthright in your Tech Wizard Application and possess the qualifications and experience listed therein; (ii) you shall comply with all applicable federal, state, and local laws, rules, and regulations in the conduct of your business and in the performance of your obligations under this Agreement, including, without limitation, laws relating to advertising, the Internet, privacy and unfair business practices; (iii) no element of your Advice will infringe or otherwise violate the rights of any third party, including, without limitation, intellectual property rights; (iv) you will not embed or otherwise share any viruses, worms, malware, Trojan horses or other harmful or destructive code in connection with your provision of Advice; (v) you will not promote unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or otherwise mislead End Users ; and (vi) you will not engage in any behavior or share any material that is or could be construed as obscene, libelous or defamatory, hateful or racially or ethnically objectionable.
6.3 Disclaimer. DRIPPLER CANNOT GUARANTEE THAT THE SERVICE OR THE APP WILL BE AVAILABLE AT ALL TIMES, OR THAT EVERY ERROR IN THE SERVICE OR PROBLEM RAISED BY YOU WILL BE RESOLVED. THE SERVICE, THE APP AND THEIR COMPONENTS, AND ANY OTHER MATERIALS PROVIDED BY DRIPPLER HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DRIPPLER HAS NO CONTROL OVER (AND IS MERELY A PASSIVE CONDUIT WITH RESPECT TO) YOUR ADVICE BEING FOLLOWED BY AN END USER, AND THAT, AS BETWEEN YOU AND DRIPPLER, YOU ARE SOLELY RESPONSIBLE (AND ASSUME ALL LIABILITY AND RISK) FOR YOUR ADVICE. DRIPPLER MAKES NO GUARANTEE REGARDING NUMBER OF QUERIES THAT YOU WILL RECEIVE FROM END USERS, IF ANY. BY OPERATING THE SERVICE, DRIPPLER DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES YOUR ADVICE, OR THAT THE CONTENT THEREOF IS ACCURATE, USEFUL OR NON-HARMFUL. DRIPPLER DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE SERVICE, THE APP OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TO THE EXTENT THAT A PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
6.4 Changes in Privacy Laws. You hereby acknowledge that: (i) the state of the law with respect to behavioral advertising, contextual advertising, cookies, personally identifiable information, and informational privacy is unsettled; and (ii) subsequent to the Effective Date, new or changes in existing applicable federal, state, and local laws, rules, and regulations, or a change in governing self-regulatory best practices (a “Change in Law”) may hold that the operation of the Service and the App (in whole or in part), the collection and use of data and cookies, or other activities as contemplated under this Agreement, is not permissible. Drippler does not make any representations or warranties with respect to such Changes in Law, and hereby expressly disclaims any representations, warranties, guarantees, covenants, or obligations relating thereto.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL DRIPPLER BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS) ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER DRIPPLER WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, DRIPPLER’S AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT WILL NOT EXCEED FIVE US DOLLARS ($5).
8. MISCELLANEOUS PROVISIONS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Neither party shall be liable to the other party for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sub-licensable by you, except with the Drippler’s written consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to the conflict of laws provisions thereof. All claims or disputes arising out of or in connection with this Agreement shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in Tel Aviv, Israel. To that end, each party irrevocably consents to the exclusive jurisdiction of, and venue in, such courts, and waives any, (i) objection it may have to any proceedings brought in any such court, (ii) claim that the proceedings have been brought in an inconvenient forum, and (iii) right to object (with respect to such proceedings) that such court does not have jurisdiction over such party. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. Any modification to this Agreement must be in a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and neither party has any authority of any kind to bind the other party in any respect whatsoever. This Agreement is solely on behalf of you and Drippler; there are no third party beneficiaries to this Agreement. This Agreement may be executed as a click-through agreement, or if by hardcopy form, in counterparts (which may be exchanged by facsimile or PDF), each of which shall be deemed an original, but which together shall constitute one and the same instrument.