Terms & Conditions
LAST UPDATED ON: SEPTEMBER 01, 2024
dMarketplace Terms & Conditions
Effective Date: September 01, 2024
dMarketplace ("us", "we", or "our") operates the https://dmarketplace.ai website and related services (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of Personal Data when you use our Service.
We will not use or share your information with anyone except as described in this Privacy Policy.
Information Collection and Use
These Terms govern the use of https://dmarketplace.ai, and, any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document. The User must read this document carefully. Any other contract or agreement entered into between the Owner and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts. Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where https://dmarketplace.ai has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.
Https://dmarketplace.ai is provided by:
dMarketplace Inc. , 128 Sunset Blvd #1272, DE, 19720 New Castle
Owner contact email: support@dmarketplace.ai
"Https://dmarketplace.ai" refers to
- this website, including its subdomains and any other website through which the Owner makes its Service available;
- applications for mobile, tablet and other smart device systems;
- the Application Program Interfaces (API); any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
What the User should know at a glance
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
Usage of https://dmarketplace.ai and the Service is age restricted: to access and use https://dmarketplace.ai and its Service the User must be an adult under applicable law.
Minors may access https://dmarketplace.ai and use its Service only under parental or adult supervision.
How https://dmarketplace.ai works
Intermediation
Https://dmarketplace.ai merely allows Users to connect to and interact with third parties. The Owner therefore is not directly involved in any such interaction nor does it intermediate, participate in or benefit economically from any contract or transaction which occurs as a consequence of such interactions.
By accepting the Terms, Users fully and unconditionally release and forever discharge the Owner, its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:
disputes between Users, or any other person or entity,
the Products’ use, including, without limitation, any and all claims that such use violates any of Seller’s intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity, or
Users’ activity on https://dmarketplace.ai, including, but not limited to, Users’ legal capacity, ability to complete a transaction, or pay the associated costs. User acknowledges and agrees that the Owner has no control over, and shall have no liability for any damages resulting from, the use or misuse by any other person or entity of any Products.
If the Owner becomes aware of any Products that allegedly may not conform to the Terms, the Owner may investigate the allegation and determine in its sole discretion whether to take action in accordance with the Terms. The Owner has no liability or responsibility to Users for performance or nonperformance of such activities. The Owner has the absolute right to remove and/or delete without notice any Products within its control that it deems objectionable. Users consent to such removal and/or deletion and waive any claim against the Owner for such removal and/or deletion. The Owner is not responsible or liable for failure to store posted content or other materials Users may transmit through https://dmarketplace.ai. Users shall take measures to preserve copies of any data, material, content or information such User posts on https://dmarketplace.ai. Any identity verification methods the Owner employs is strictly on a best efforts basis and shall not be relied upon by Users.
The Service of https://dmarketplace.ai is provided at no monetary cost to Buyers. Products offered by the Owner or by Sellers via https://dmarketplace.ai are marked as such.
Without prejudice to its role as a mere technical intermediary as described above, the Owner may provide additional services to either party of such interaction, such as providing packaging, shipping or facilitating dispute resolution.
Https://dmarketplace.ai merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.
These Terms apply to the described usage of https://dmarketplace.ai as a platform.
Unless otherwise stated, these Terms also apply to transactions between Buyers and Sellers. This does not imply the involvement of the Owner in such transactions.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using https://dmarketplace.ai.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using https://dmarketplace.ai, Users confirm to meet the following requirements:
There are no restrictions for Users in terms of being Consumers or Business Users;
Users must be recognized as adult by applicable law;
Minors may only use https://dmarketplace.ai under parental or adult supervision;
Users aren’t located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country;
Users aren’t listed on any U.S. government list of prohibited or restricted parties;
Changes to This Privacy Policy
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by https://dmarketplace.ai.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Conditions for account registration
Registration of User accounts on https://dmarketplace.ai is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Accounts registered by bots or any other automated methods are not permitted.
Unless otherwise specified, each User must register only one account.
Unless explicitly permitted, a User account may not be shared with other persons.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
By directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on https://dmarketplace.ai
Unless where otherwise specified or clearly recognizable, all content available on https://dmarketplace.ai is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on https://dmarketplace.ai infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on https://dmarketplace.ai - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on https://dmarketplace.ai, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on https://dmarketplace.ai, the User may download, copy and/or share some content available through https://dmarketplace.ai for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to https://dmarketplace.ai.
By providing content to https://dmarketplace.ai, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the respective section on https://dmarketplace.ai which details the acceptable uses.
Users acknowledge and accept that by providing their own content to https://dmarketplace.ai they grant the Owner a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote its Service in any media or manner.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to https://dmarketplace.ai.
Users acknowledge, accept and confirm that all content they provide through https://dmarketplace.ai is provided subject to the same general conditions set forth for content on https://dmarketplace.ai.
Removal of content from parts of https://dmarketplace.ai available through the App Store
If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.
Access to external resources
Through https://dmarketplace.ai Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
How to file a takedown notice (called a “DMCA notice”)
If copyright holders or their agents believe that any content on https://dmarketplace.ai infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 the Owner to locate the material;
Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
A statement that the notifying party has 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.
Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.
Acceptable use
Https://dmarketplace.ai and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of https://dmarketplace.ai and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to https://dmarketplace.ai or the Service, terminating contracts, reporting any misconduct performed through https://dmarketplace.ai or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.
API usage terms
Users may access their data relating to https://dmarketplace.ai via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses https://dmarketplace.ai, is bound by these Terms and, in addition, by the following specific terms:
the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on https://dmarketplace.ai, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of https://dmarketplace.ai.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of https://dmarketplace.ai and are subject to change without notice.
While Products on https://dmarketplace.ai are presented with the greatest accuracy technically possible, representation on https://dmarketplace.ai through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps needed from Product choice to order submission, form part of the purchasing process.
The purchasing process includes these steps:
Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
Users may review their purchase selection, modify, remove or add items.
Users will be required to specify their billing address, contact details and a payment method of their choice.
If the purchase results in a product being shipped, Users may need to indicate a shipping address.
During the purchasing process, Users may, at any time, modify, correct or change the information provided, or altogether abort the purchasing process with no consequence.
After providing all required information, Users must carefully review the order and, subsequently, may proceed to checkout.
By clicking on the checkout button, Users open the Third-party checkout view wherein they will be required to specify their contact details and a payment method of their choice.
Users, who have not already done so, may ask Stripe to store their payment information for future purchases on https://dmarketplace.ai or sites that use Stripe as a payment gateway. The User may read the privacy policy of Stripe and https://dmarketplace.ai to learn more about the data processing and User rights regarding their data.
Within the Stripe checkout view, Users may be requested to also specify their billing and shipping address.
To submit the order, Users must accept these Terms and use the respective button or mechanism on https://dmarketplace.ai, hereby committing to pay the agreed-upon price
Order submission
When the User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on https://dmarketplace.ai are displayed:
excluding any applicable fees, taxes and costs.
Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of https://dmarketplace.ai.
All payments are independently processed through third-party services. Therefore, https://dmarketplace.ai does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of https://dmarketplace.ai to learn more about the data processing and Users’ rights regarding their data.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Contractual right of cancellation
The Owner or Seller grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of https://dmarketplace.ai within 15 days of concluding the contract.
Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users should verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of https://dmarketplace.ai.
Delivery times are specified on https://dmarketplace.ai or during the purchasing process.
Failed delivery
Failed delivery
