DuoGain Terms of Service
1. Introduction
Welcome to DuoGain (“we”, “us”, “our”). By accessing or using our marketplace platform, you (“user”, “you”, “your”) agree to comply with and be bound by the following terms of use (“Terms”). If you do not agree to these Terms, please do not use our services.
2. Eligibility
In order to have an account and use DuoGain, you must be at least 18 years old and reside in the United States and agree to DuoGain’s Terms of Use.
3. Account Registration
To use certain features of DuoGain, you must register for an account on DuoGain. You agree to provide correct, current, and complete information during the registration process and to update such information to keep correct. You are responsible for keeping your password safe and for any activities or actions under your account. DuoGain reserves the right to suspend or terminate your account if any information provided by you is misleading or if we believe any activities under your account are suspicious or breaches our terms of use.
4. User Conduct
You agree not to use DuoGain for any unlawful or prohibited activities, including but not limited to:
- Posting false, misleading, inappropriate or illegal content.
- Violating any local, state, national, or international laws.
- Infringing on the intellectual property rights of others.
- Engaging in fraudulent or deceptive practices on or using DuoGain.
- Distributing viruses or any other technologies that may harm DuoGain or its users.
- Harassing, abusing, or harming other users on or associated with DuoGain.
5. Listings and Transactions
5.1 Seller Responsibilities
Sellers are responsible for providing all accurate information to their listings and must comply with all applicable laws and regulations. Sellers must ensure that their products are described accurately and provide all necessary information to buyers. Sellers are solely responsible for setting the prices of their products.
5.2 Buyer Responsibilities
Buyers are responsible for reading the full product listing before making a purchase. By completing a transaction on DuoGain, buyers agree to be bound by the conditions of sale included in the listing, provided that those conditions are not in violation of these Terms or unlawful.
6. Fees, Invoices and Payments
DuoGain may charge fees for the use of certain services or features on the marketplace. All fees will be disclosed to you before you use any service that incurs a fee. If you inaccurately input information to an item which leads to a higher fee, we reserve the right to invoice you the difference to recuperate the loss. We will provide you with the invoice information when we send you an invoice. You are responsible for paying all fees and invoices associated with your account when using DuoGain. DuoGain reserves the right to recoup any losses caused by you the account holder if there are any.
7. Dispute Resolution
In the event of a dispute between users, DuoGain encourages the parties to resolve the issue amicably through direct communication. If a resolution cannot be reached, DuoGain may intervene at its discretion and take appropriate actions, which may include suspending or terminating accounts or reversing or releasing transactions and or their held funds.
8. Intellectual Property
All content on DuoGain, including but not limited to text, graphics, logos, images, and software, is the property of DuoGain or its content suppliers and is protected by copyright and other intellectual property laws. Users may not use, reproduce, distribute, or create derivative works from any content found on DuoGain without express written permission from DuoGain or the content owner.
9. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By creating an account and using DuoGain, you agree to our Privacy policy.
10. Limitation of Liability
DuoGain is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use of or inability to use DuoGain.
- Any conduct or content of any third party on DuoGain.
- Any content obtained from DuoGain.
- Unauthorized access, use, or alteration of your transmissions or content.
11. Indemnification
If DuoGain gets sued due to the actions you took using our Service, you agree to indemnify, hold harmless, and aid DuoGain and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of DuoGain, your violation of these Terms, or your violation of any rights of a third party.
12. Changes to Terms
DuoGain reserves the right to modify these Terms at any time. We will provide notice of any changes by posting the new Terms on DuoGain. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective immediately after they are posted on DuoGain.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of Illinois, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within Illinois to resolve any legal matter arising from these Terms or your use of DuoGain.
14. License Grant
Subject to your compliance with these terms, DuoGain grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Access and use the Platform for its intended purpose of buying and selling products.
- View, download, and print any content or materials available on the Platform for your personal and non-commercial use.
15. Restrictions
You agree not to:
- Use the Platform for any illegal or unauthorized purpose.
- Modify, copy, distribute, or create derivative works based on the Platform or any part of it.
- Reverse engineer, decompile, or disassemble any part of the Platform.
- Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Platform.
- Use any automated systems, including robots, spiders, or offline readers, to access the Platform in a manner that sends more request messages to the DuoGain servers than a human can reasonably produce in the same period by using a conventional web browser.
- Collect or harvest any personally identifiable information from the Platform, nor use the communication systems provided by the Platform for any commercial solicitation purposes.
- Use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use of the Platform.
16. User-Generated Content
By posting and or uploading content onto DuoGain, you grant DuoGain a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the operation and promotion of the Platform and DuoGain’s business.
18. Termination
DuoGain may terminate or suspend this License and your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach any terms of this License. Upon termination, your right to use the Platform will cease immediately. All provisions of this License which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
19. Disclaimer of Warranties
The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. DuoGain makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products included on the Platform. You expressly agree that your use of the Platform is at your sole risk.
20. Contact Us
If you have any questions about these Terms, please contact us at contact@duogain.com.
By using DuoGain, you acknowledge that you have read, understood, and agree to be bound by these Terms.