Terms & Conditions
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Date: April 13 2017
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These Terms and Conditions (“Terms”) define the scope of One Piece a Day App (the “App”) and how it may be used. In these Terms “we”, “us”, “our” and “One Piece a Day” refer to Dkstudio Holdings Inc. The terms “you”, “your”, “user” refer to anyone accessing or using the App. The “App” includes all content, information, services, and tools that are available to the user(s). Your use of the App is conditioned upon your acceptance of these Terms.
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1. Acceptance of the Terms
These Terms constitute a binding agreement between you and Dkstudio Holdings Inc. You must read these Terms before using the App. By downloading and/or using the App you acknowledge that you have read and fully understood these Terms and agree to be bound by them. If you don’t agree to these Terms, do not to use our App and remove the App immediately from your device, if you have already installed it. Breach of these Terms will result in termination of your access to the App.
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2. Change in Terms
These Terms are subject to change and we reserve the right to modify, add, and/or remove certain portions of these Terms without prior notice. The latest changes to the Terms will be posted here and will be effective immediately. You should visit this page periodically to stay updated with our latest Terms. You should also review the date of the last change which will be mentioned at the top of this page. Your continued use the App after any changes to these Terms will be considered acceptance of the Terms in their new form.
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3. Rules of proper trash collection
The purpose of this App is to encourage users to engage with their environment, pick up trash and make our planet a greener, safer and healthier place to live.
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YOU EXPRESSLY AGREE THAT USE OF THIS APP IS ENTIRELY AT YOUR OWN RISK.
• We recommend that when picking up trash you wear protective gear, like gloves.
• Only pick up trash that doesn’t pose any risk or threat.
• Only pick up safe and non-harmful items, such as: whole plastic items (bottles empty of content, bags, cups, lids, cutlery, straws, and wrappers), whole metal cans, Styrofoam, newspapers, cardboard, paper, whole glass bottles empty of content, tea & coffee cups etc.
• Only pick up trash in safe public places such as parks, school yards and sidewalks.
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•DO NOT pick up any unsafe, harmful, dangerous or even potentially hazardous trash. This may include, but is not limited to: sharp items, needles, syringes, drugs, bio-medical waste, latex of any kind including gloves and condoms, used tissues, cigarette butts, broken glass and / or any other sharp objects, broken plastic, sanitary napkins, and sealed bags and/or closed boxes and packages of any kind (anything that may possibly contain a bomb, weapon or hazardous material), suitcases, handbags or luggage of any kind, doggie dodo bags, dead animals of any kind, etc.
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•DO NOT pick up any weapons including, but not limited to: guns, landmines, grenades any explosives whatsoever, etc.
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All the above items may pose serious health and safety risks. Their disposal should be left to professionals and the relevant authorities.
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•DO NOT up trash on private property, from dangerous areas or in places where your safety may be at risk including, but not limited to: private property that you do not have permission to enter onto, roads, highways, thruways, freeways, shoulders, anywhere near moving traffic, near and/or in bodies of water (rivers, oceans with strong currents etc), on bridges, cliff edges and precipices, military and war zones, at garbage dumps, hospitals, and any and all other places access to which may pose a risk to your safety or the safety of others.
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IF YOU ARE UNSURE ABOUT AN ITEM OF TRASH OR IF AN ITEM OF TRASH LOOKS DANGEROUS– DO NOT PICK IT UP.
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4. Permitted and Prohibited uses of the App
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In addition to other permitted uses set out in these Terms you may use this App:
• to direct the lawful collection of trash;
• to post pictures of the the last piece of trash you have collected; and
• to post your progress and achievements.
In addition to other prohibited uses set out in these Terms you SHALL NOT use this App:
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•creating trash for the purposes of collecting and increasing your score on the leaderboard.
• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit or post false or misleading information;
• to upload or transmit viruses, worms or any other type of malicious and/or destructive code that will or may be used in any way that could affect the functionality or operation of the App;
• to collect or track the personal information of others;
• to spam, phish, pharm, crawl, or scrape;
• for any obscene or immoral purpose;
• in contravention of these Terms; or
• to interfere with or circumvent the security features of this App.
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We reserve the right to terminate your access to the App for violating any of these prohibited uses, or others as outlined elsewhere in these Terms.
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5. Disclaimers
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The content provided in this App is for informational purposes only. The App is provided on an “AS-IS”, “AS AVAILABLE” basis without any representations, warranty or condition, whether express or implied, statutory or otherwise as to: merchantability, quality, accuracy, sufficiency, completeness, legality, currency, security, reliability, efficacy, fitness for a particular purpose, uninterrupted access to the App, error-free operation of the App, and absence of computer viruses or other harmful components or corrupted data or information on the App.
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We cannot guarantee the accuracy and correctness of any information provided on the Awareness and Resources section of the App. This information is based on third party content which has not been reviewed for accuracy.
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To the fullest extent permissible pursuant to the applicable law, Dkstudio Holdings Inc. and its developers, affiliates, partners, licensors, suppliers, officers, directors, employees, shareholders and agents disclaim all warranties, conditions and representations herein whether statutory, express or implied.
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6. Limitation of Liability
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Dkstudio Holdings Inc. and its developers, affiliates, partners, licensors, suppliers, officers, directors,employees, shareholders and agents do not assume ANY responsibility for any damages related to use of this App and will not be liable for any loss or damages whatsoever related to or arising from this App whether based in breach of contract or tort (including negligence), including but not limited to infringement of intellectual property rights, strict liability, breach of warranty, failure of essential purpose, fundamental breach, breach of a fundamental term or otherwise, even if advised of the possibility thereof.
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USE OF THIS APP IS COMPLETELY AT YOUR OWN RISK.
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You should exercise extreme caution while using this App. Dkstudio Holdings Inc. its developers, affiliates, partners, licensors, suppliers, officers, directors, employees, shareholders and agents, will not under any circumstance be liable for any damages, including but not limited to disease, deterioration of health, illness, injury, or death caused by, including but not limited to use of the App, any failure of performance, inability to use the App, errors, omissions, interruptions, defect, delay in operation or transmission, computer virus or line failure even if Dkstudio Holdings Inc. has been advised of the possibility of such damage.
While we try to ensure availability of information and all features and functionalities of the App, we shall not be held liable for your inability to access the App or your scores on the leaderboard. We make all efforts to ensure that the App is available bug-free. However, we are not responsible for damage to your device due to viruses or other electronic malware arising from use of the App.
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7. Release
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You agree that you hereby remise, release, indemnify, discharge and forever hold Dkstudio Holdings Inc. harmless from any claims whatsoever arising by any reason including but not limited to any disease, deterioration of health, illness, injury and death to any person, or for damages of any kind to, or loss of any property resulting from or arising from use of this App.
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8. Trademark and Copyright
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As between us, ONE PIECE A DAY and related words and logos are the trademarks or trade names of Dkstudio Holdings Inc. Nothing in these Terms or on the App should be construed as granting or conferring, either expressly or by implication, a license or other right to you to use any such marks or names or any of our other intellectual property rights in any way.
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The names of other companies, products, and services referred to on the App may be trademarks or trade names of their respective owners. Any unauthorized use of our trademarks or trade names or those of third parties is strictly prohibited.
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All materials provided by us on this App including, without limitation content, design, text, graphics, and the selection and arrangement thereof, are protected by copyright. All rights are reserved by Dkstudio Holdings Inc. Any unauthorized reproduction or use of such materials is strictly prohibited.
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9. Leaderboard
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The leaderboard section of the App is intended as a friendly space for social competition and should be treated as such by the users. At present, no rewards are being offered for being in the top of the leaderboard, though this may change in the future with the aim of incentivizing users who are going the extra mile to clean up the planet. We are not promoting competition of any nature.
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10. User Generated Content
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The App may permit you to post, store, save, transmit, copy, make available, and distribute materials and content including photographs to the App (your “Content”). You retain copyright in your Content but grant us a non-exclusive, perpetual, worldwide, royalty-free and sublicense-able license to host, use, communicate, produce, reproduce, distribute, sell, transmit, adapt, preform and display and to authorize all the foregoing for your Content as we see fit (“User License”).
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You represent and warrant to us that you have all rights, title and interest to grant the User License. You further represent and warrant that your Content does not infringe on any other copyright, trade-mark, trade secrets, privacy, or any other intellectual property right, and that your Content does not contain libelous, defamatory or unlawful material. You agree to bear all legal risks associated with your Content. You agree to fully indemnify us and hold us harmless from any claim, loss, damage or expense incurred by us with respect to third party claims arising from your Content and/or claims that your Content infringes on the intellectual property rights of any other.
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11. Privacy
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We care about and respect your privacy. Please see our Privacy Policy, which is hereby incorporated by reference into these Terms.
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12. Governing Law and Jurisdiction
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This Agreement and these Terms will be deemed to have been performed in the Province of Ontario. You agree that the laws of the Province of Ontario, Canada will govern this Agreement and these Terms without giving effect to any private international law principles. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms.
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13. Language
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In the event of a conflict between the English and French version of these Terms, the English version shall prevail.
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14. Contact Us
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If you have any questions regarding our Terms or want to share your comments, please contact us at:
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