Terms and conditions

This agreement is between Dirtcube Interactive (“us”, “we”, “our”) and users (“you”) of Dirtcube Interactive’s products, services, and websites (we collectively refer to them as “Services”) linked to Capshot.

  • Your Acceptance

    • ​​By installing, using, or accessing Dirtcube Interactive’s Services, you signify your agreement to ​

      • ​These terms and conditions (the "Terms of Service").

      • Our Privacy Policy, found at (https://www.capshot.xyz) and incorporated herein by reference.

    • Although we may attempt to notify you when major changes are made to the Terms of Service, You should periodically review the most up-to-date version at (https://www.capshot.xyz). Dirtcube Interactive may, in its sole discretion, modify or revise the Terms of Service at any time, and You agree to be bound by such modifications or revisions.

  • Who Can Use these Services

    • No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them.

    • You are not a person who is barred from receiving the Services under the laws of India or any other applicable jurisdiction.

    • By using these services you agree to form a binding contract with Dirtcube Interactive and will comply with our Terms of Service and all applicable local, state, national, and international laws, rules, and regulations.

  • Rights of User

    • Dirtcube Interactive grants you a personal, worldwide, royalty-free, non-assignable, non exclusive, revocable, and non-sublicensable license to access and use these Services. With this license, you may  use and enjoy the benefits of these services in a way that our Terms of Service and our other usage policies allow.

    • You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

    • Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

  • Basic Community Guidelines ​​​

The goal of these guidelines is to ensure that the ability of our users to express themselves and enjoy our services in a safe and secure manner is not compromised.

  • ​Adult Content

    • ​Promotion or distribution of pornographic content is prohibited.

    • Breastfeeding and other depictions of nudity in non-sexual contexts are okay.

  • Nudity or Sexually Suggestive Content Involving Minors 

    • ​Never post, save, or send nude or sexual content involving people under the age of 18 — even of yourself.

    • This includes adding drawings or captions to a picture to make it sexual, even as a joke.

  • Illegal Content 

    • ​Don’t use Capshot for any illegal activities.

  • Invasions of Privacy

    • ​Don't save, post, send or edit content of people in private spaces, like someone’s home, a bathroom, dressing room, or locker room, without their knowledge and consent.

    • If your content includes someone else and you are asked to remove it by them, please do.

  • Threats & Violence

    • ​Never threaten to harm a person, group of people, or property.

    • Don't post content of gratuitous violence.

  • Harassment & Bullying

    • ​Zero tolerance for bullying and harassment on our Services.

    • Don’t save,send, post or edit content with the intention of making someone feel bad. If someone blocks you, do not contact them from another account.

  • Impersonation

    • ​Don’t pretend to be someone you’re not — including your friends, celebrities, brands, or other organizations.

  • Hate Speech

    • ​Don't post content that demeans, defames, or promotes discrimination on the basis of race, ethnicity, national origin, religion, sexual orientation, gender, disability, or veteran status. 

  • Terrorism

    • ​We prohibit content that promotes terrorism.

  • Spam

    • ​Zero tolerance for spam on our Services.

If you violate our Community Guidelines, we may remove the offending content, terminate your account, or notify law enforcement. If your account is terminated for violating our Terms of Service or these Guidelines, it is possible that you may not be able to use Capshot or any of Dirtcube Interactive’s Services again. We will do our best to ensure that our guidelines are enforced in a fair and consistent manner.

  • Capshot Accounts

    • You may not use another user's account without permission. 

    • When creating your account, You must provide accurate and complete information. 

    • You are responsible for the activity that occurs on your account

    • You must keep your account password secure

    • You must notify Dirtcube Interactive immediately of any breach of security or unauthorized use of your account.

    • You will not create another account if we have already disabled your account, unless you have our written permission to do so.

    • You will not buy, sell, rent, or lease access to your Capshot account, Content, Capshot username, or a friend link without our written permission.

    • You will not log in or attempt to access our Services through unauthorized third-party applications or clients.

    • Dirtcube Interactive will not be liable for any losses to You caused by any unauthorized use of your account. 

  • Safety​​​
    We cannot guarantee that our services will be a safe place for all users but we work hard to ensure it. In order for us to be able to do our best to provide our services in a safe and secure manner you must adhere to the following guidelines.

    • You will not use the Services for any purpose that is illegal or prohibited in these Terms.

    • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.

    • You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.

    • You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.

    • You will not use or attempt to use another user’s account, username, or password without their permission.

    • You will not solicit login credentials from another user.

    • You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.

    • You will not upload viruses or other malicious code or otherwise compromise the security of the Services.

    • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.

    • You will not probe, scan, or test the vulnerability of our Services or any system or network.

    • You will not encourage or promote any activity that violates these Terms.

    • Do not use our services while driving or in any other manner that breaks safety norms.

  • Rights of Dirtcube Interactive

When you create, post, store, recieve or edit content while using our services, you retain the ownership rights you had over that content to begin with. However by using our services and accepting these Terms of Service, you are granting us the license to use that content.

When you submit content to our Services , you essentially grant Dirtcube Interactive a worldwide, royalty-free, sublicensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content for as long as you use our Services. This licence is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

Dirtcube Interactive reserves the right to delete any content  which we think violates our Terms of Service or is necessary to comply with our legal obligations. However the user remains responsible for the content created, posted, stored or edited.

Some of our Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on our Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

  • Respecting Rights of Others

It is of utmost importance that you respect the rights of other users in accordance to our standards. Therefore you may not use our services or enable other users to use our service in a manner that does not comply with the community guidelines in Section (4) of the Terms of Service. You must also ensure that your use of the services does not violate or infringe upon someone else’s rights of publicity, privacy and copyright.

In addition to other users, it is imperative that you respect the rights of Dirtcube Interactive by not indulging in the following activities

  • Using branding, logos, designs, photographs, videos, or any other materials used in our services.

  • Copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of our Services or the content on our Services except as authorised in the Terms of Service

  • Use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

  • Privacy

By referring to our Privacy Policy you will be able to learn more about how your information is handled. By accepting our privacy policy you will be accepting that your information is being collected, processed and may be transferred outside of the country you reside in by Dirtcube Interactive. This applies to countries that may not have similar data protection laws.

  • Intellectual Property Rights Protection

Dirtcube Interactive will take reasonable steps to  remove from our Services any infringing material that we become aware of. In addition we will take reasonable steps to terminate the account of the user who has uploaded infringing content.

In order for us to act on complaints of copyright infringement, any report of infringement sent to us must include:

  • The physical or electronic signature of a person authorised to act on behalf of the copyright owner

  • Identification the copyrighted work claimed to have been infringed;

  • 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 let us locate the material

  • Provision of your contact information, including your address, telephone number, and an email address;

  • Provision of a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;

  • Provision of  a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

  • Third Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Dirtcube Interactive is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

 

  • Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Dirtcube Interactive, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of our Services; (b) your content; and (c) your breach of these Terms.​

  • Disclaimers and Warranty

The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to:

  •  Merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-   infringement

  •  Arising from a course of dealing. 

While we are always working towards providing a good user experience, we do not represent or warrant that

  •  The Services will always be secure, error-free or timely

  •  The Services will always function without delays, disruption or imperfections

  •  That any content or information you obtain through the Services will be timely or  accurate.

In a case, where the law of the country you live does not allow the exclusions of liability provided for in this clause, those exclusions shall not apply.

 

Dirtcube Interactive takes no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Dirtcube Interactive will be responsible for.

Nothing in these Terms of Service will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.

 

  • Limitations of Liability

 

Dirtcube Interactive and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple 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 the Services or inability to use the Services

  • Your access to or inability to access the Services

  • The conduct or content of other users or third parties on or through the Services

  • Unauthorised access, use or alteration of your content. 

If the law of the country where you live does not allow any limitation of liability provided for in this clause, that limitation will not apply.

 

  • Modifying Services

 

Since we are constantly working to improve and add to our services, it is possible we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

 

 

  • Procedure for Terminating Account

 

You can terminate these Terms of Service at any time and for any reason by deleting your account. Dirtcube Interactive may also terminate these Terms of Service with you at any time, for any reason, and without advanced notice. We may terminate these Terms of Service with you if you fail to comply with these Terms of Service or the law, or for any reason outside of our control. There is no guarantee of an advanced notice. Our right to terminate these Terms of Service means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.Regardless of who terminates these Terms, both you and Dirtcube Interactive continue to be bound by Sections 5,7,8,12-20.

 

  • Choice of Law and Venue of Litigation

 

The laws of India govern these Terms of Service and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of India to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Dirtcube Interactive agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of India, unless this is prohibited by the laws of the country where you reside. You and Dirtcube Interactive consent to the exclusive jurisdiction of those courts.

 

  • Severability

 

If any provision of the Terms of Service is not enforceable, then that provision will be severed from the Terms of Service and will not affect the validity and enforceability of any remaining provisions.

 

  • Terms and Services for Specific Services

 

There may be Services that we provide that require additional terms and conditions, which we will present to you before you access the relevant Services. They then become part of your agreement with us when you accept them. If any part of those additional terms and conditions conflicts with these Terms of Service, the additional terms and conditions will prevail.

 

  • General Terms​​

    • These Terms of Service make up the entire agreement between “you”(the user) and “us” (Dirtcube Interactive) and supersede any prior agreements.

    • The Terms of Service do not create or confer any third-party beneficiary rights.

    • If we do not enforce a provision in the Terms of Service, it will not be considered a waiver.

    • We reserve all rights not expressly granted to you.

    • You may not transfer any of your rights or obligations under the Terms of Service without our consent.