Terms Of Service
Welcome, & thanks for joining your friends at DagM8™.
Like every APP on planet earth, to use DagM8, you must agree to follow rules called Terms of Service (TOS). Our common sense rules are really nothing more than treating all your fellow mates as you want them to treat you: be kind, honest, helpful and timely. Why? Dag'n with your mates makes school life more fun, learning faster & easier, supports greater understanding and better grades in less time. How about organizing sports and playing better with your teammates? Or the best parties ever? Yep and yep!
DagM8 requires you to always be and act responsibly exercising empathy and civility. You must be over 13 years-of-age. Helpfulness and honesty are key, as is respecting all your fellow classmates: NO bullying or aggressive behavior. Everyone must obey relevant laws.
DagM8 is designed, built and operated by, for and of students. DagM8 uses our collective college experiences to make yours better. DagM8 helps your study groups work better for everyone, to learn more, easier & faster for everyone; learning differences can help everyone perform better, minimize “disabilities” exacerbated by listening in class. What’s true in class is also true playing sports or enjoying a rocking party where connecting with your friends and music are the focus. Dag'n with your mates makes productivity fun because you AND your group benefit. Long after tests are graded, games scored, parties cleaned up, what remains are stronger connections with your mates - now happier friends with the best memories ever. Now you have your own active social network you control - doing more with your classmates, teammates and schoolmates is REAL; organizing your immediate future makes the present better instead of just sharing what’s past. Doing is Dag'n.
DagM8 requires playing nice. This is key. Productivity and friendship flow from honesty and helpfulness. Individual strengths or weaknesses from different learning styles, athletic skills, even love teaches us again and again we are all better together than by ourselves alone. Here’s the Deal: learn, study, play and party together with respect, honesty, being appropriately helpful in a timely, kind manner and magically you get more out of college and life too. Got it? Alrighty then, let’s do this! Let's Dag!
Everyone using DagM8 agrees to act responsibly and obey all applicable laws and regulations including promising not to cheat, bully or intimidate. No posting or sharing information not yours or you have no right to post. If you don’t play by DagM8’s TOS rules, you are not welcome here and can’t DagM8.
Refresh yourself with your existing obligation not to cheat, UCSC’s long-standing academic integrity requirement by clicking HERE.
DagM8 is only available to UCSC students (now) and those serving UCSC directly (professors, administrators, etc). NO external businesses, family members or outsiders are allowed - Sorry, but DagM8 is only of, by and for students.
To agree to our TOS, download DagM8 and and get going! Welcome to your active social network. Help us help you learn more, get more done, have more fun Dag'n with your mates - classmates, teammates & playmates? It’s easy - it’s fun - it’s up to you - see if Dag'n with your mates isn’t exactly your best college experience ever!
And if you think of a way to make DagM8 better or more fun - please let me know. Together, sharing, collaborating makes all of us better.
- Alexander Peri, founding mate
(And checkout Dagify - a fun place to find great deals & interesting stuff we think makes student life better for you, your Dags and mates.)
This is what you agree to in order to use DagM8 in any form.
- Using DagM8
a. Who can use DagM8
You may use our Products only if you can form a binding contract with DagM8, Inc, and only then when in compliance with our TOS and all applicable laws. When you create your DagM8 account, you must provide us with accurate and complete information. No use or access by anyone under the age of 13 is allowed. No company, organization, or other entity is allowed to open a DagM8 account. Only active UCSC students and those actively engaged in the UCSC education system can have a DagM8 account. Some DagM8 Products are software downloaded to your computer, phone, tablet, or other device; you agree we may automatically upgrade those Products, and these TOS apply to any and all such upgrades.
b. Our license to you
Subject to these TOS and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. Commercial use of DagM8No use of our DagM8 Products is allowed for commercial purposes, maybe someday, but not now, maybe never. DagM8 is for, by and of students. When and if that ever changes you will notified, but only if we believe it will better serve you and your fellow mates. Until then, No businesses. Thanks for understanding.
More simply:Enjoy using DagM8 - unless you're under 13 - then wait until you’re older. Not a UCSC student? Sorry, not yet. Your boss wants you to use DagM8 for the company? Sorry, no can do, even if you’re the boss.
- Your Content
a. Posting content
DagM8 allows you to post content, including notes, papers, classwork, locations, artwork, photos, comments, ideas, invitations, ideas, insights, questions, plans, parties and more - the list will be expanding all the time. It is your responsibility to own or have rights to anything you post; anything you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for your User Content posted to DagM8.
What you post on DagM8 belongs to you and you are responsible for it; remember other people will see, use, enjoy and share your User Content. Show respect. Obey the law, stay dignified and NO Bullying anyone anytime for any reason.
b. How DagM8 and other student users can use your content
You grant DagM8, your classmates and other student users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, repost, modify, create derivative works, perform, discuss and distribute your User Content. DagM8 is an active social network solely for the purposes of assisting you, your fellow students and other relevant individuals to better study, learn, understand, get better grades and have fun. DagM8 will evolve and your experiences, your User Content will be used to that end. Nothing in these TOS shall restrict other legal rights DagM8 may have to User Content including under other licenses. We reserve the right to remove or modify User Content for any reason at any time including User Content we believe violates these TOS or our policies. We invite dialogue and discussion but reserve the right to refuse membership and use to anyone.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from DagM8, we may retain your User Content for backup, archival, or audit purposes. Furthermore, DagM8 and users may retain and continue to use, store, display, reproduce, reuse, modify, create derivative works, perform, discuss and distribute any of your User Content that other users have stored or shared through DagM8.
Remember what you post may long remain. You participate of your own free will. Others will see and use your User Content. Participate fully and honestly to get best benefit. If you leave, your content may not. The laws of the land require your knowledge and support. We are entitled to make unilateral decisions we decide are in the the DagM8 community’s best interest, which may include your User Content and membership in DagM8.
d. Feedback from you
You are important to us. We value our relationship with you and will work to protect it. We invite you to share experiences and ideas; anything you believe might help us provide better solutions or increase the pleasure of use is of interest. Your thoughts on collaboration, communication, cooperation in and out of school, on or with a team, or how to make parties more fun - anything about your active social life in college is most welcome. Sharing is the heart of DagM8.
When you choose to share your ideas or give us feedback, you agree and understand we are free to use your ideas or feedback without restriction or compensation to you. By accepting your submission, DagM8 does not necessarily agree to use your idea, or waive any rights to use or develop similar or related feedback, whether previously known to DagM8 or not, including ideas or changes developed by employees, or obtained from any other sources other than you.
We welcome your thoughts and appreciate your taking the time to let us know. Dag'n is sharing; sharing is caring. Thanks for sharing!
e. Play Nice!
Please, no exploitive, pornographic or abusive posts that hurt, bully, inflame or offend. There is already too much ugliness in the world and it’s not welcome here at DagM8.
Please, don’t be unfriendly. No personal attacks, hazing, stalking, profanity, lewdness, porn, spam, hateful snark, derogatory slurs, mean spirited speech or antisocial material should be posted. If you wouldn’t like it directed your way, do not send it to others.
Please, encourage no bad conduct, inappropriate activities or offensive behavior. Don’t misrepresent who you are, post material not yours or anything you have no right to share. Don’t do anything applicable law considers pornographic, obscene, immoral, defamatory or libelous in nature; Don’t involve DagM8 in any activity likely to bring any person or property into disrepute.
DagM8 is not to be used for commercial solicitations, advertising, or commercial activities. Dagify is our shameless commerce division; let us know what you want to do for, share with or sell students and if we agree it's a good thing, we might do it there. But not in DagM8, ok?
Do the Right Thing. Be kind, honest, truthful and helpful in a timely way. Make your DagM8 world the best we can for you and your friends. We will remove User Content and people we believe violates these standards. Remember, opinions expressed in User Content and actions taken or promoted by students using DagM8 do not necessarily reflect any opinions of anyone at DagM8.
You know what’s right. Do that. If you want to enjoy DagM8, don’t be a bad actor. You are responsible for your User Content. Being a jerk and causing trouble gets your User Content deleted and you aren't a mate and won’t be in any Dag of ours. Making this work and reaping the benefits for every Dag and mate starts first with you. Be a Good mate, enjoy your Dag and everybody has fun.
DagM8 supports, has adopted and implemented the DagM8 Copyright Policy in accordance with the Digital Millennium Copyright Act. Remember, you are responsible for what you post. For more information, please read the Digital Millennium Copyright Act and abide by it, which we support.
We respect copyrights. You are responsible to respect them too. It’s the law.
We want you and all DagM8 users to be safe. We care about your security. We work hard to secure your content and account information, and need your help to do it better. If you see or know of something not right, please share your insight immediately. Remember, try as we might, the world remains an imperfect place where DagM8 can never guarantee some unauthorized third-party won’t be able to defeat our security measures. Be smart with your passwords. Change them frequently, and never share them, not even with your besties. We will remain vigilant to protect your data, but if a problem arises, make sure we know about it ASAP and know we’ll do our best to fix it ASAP.
As to your security in the real world, don’t forget DagM8 is an active social network with you in real time in your real world; DagM8 isn’t just a web address to share selfies or reviews. As you are active with DagM8 in class, playing sports,partying with friends, be careful out there. The same rules about trust and awareness apply. Today there is lots of discussion about how safe our sisters feel at school. Remember, your Dags are your friends, your mates and are there to help you. Don't forget that if you feel threatened. And if you see someone in trouble - be the mate you would want if you were in their shoes - help them out.
Spammers and Trolls and sometimes worse go bump in the night. Be smart. Practice good security hygiene, online and in the real world. Remember, Dag'n is about helping each other. So, help each other. We are on your side, we want you to be safe; if something ever isn’t right, and we can help, please tell us sooner rather than later so we can help.
- Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities not owned or controlled by DagM8. We do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from DagM8, do so at your own risk understanding DagM8 has no liability arising from any third-party website, service, or content.
Links may exist allowing connection to sites outside DagM8. Most of that stuff should be awesome but if you find something you don’t like remember we're not responsible for it. If you think you find something bad or worrisome, let us know; if we agree, we’ll work to get rid of it.
DagM8 may terminate or suspend this license at any time, with or without cause, for any reason, with or without any notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these TOS.
We reserve the right to refuse service to anyone.
If you use our Products you agree to indemnify and hold DagM8 harmless including our officers, directors, employees, advertisers, shareholders, investors, sponsors and agents from and against any and all claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses. This includes without limitation reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third-parties), in any way related to using our Products or accessing anything from our Products, any liabilities from any User Content you posted, or any other User Content you accessed, or from any breach by you of any of these TOS.
Don’t do anything that will get DagM8 sued. Don’t you sue DagM8 either. If you find something you don’t like, it’s not our fault. If you did something that causes problems, don’t drag us into it; that’s your problem. If we have to defend ourselves, you have to pay all our costs to defend ourselves and make things right again. Being a Dag is about being fun, sexy and cool, as well as an awesome team member and getting stuff done with a smile. So, make and keep DagM8 a great place to be active socially with your friends and play nice. And if you find or cause problems, keep us out of it because it wil all be at your expense.
The Products and all included content and everything you find is provided on an "as is" basis without any warranty of any kind, whether expressed or implied.
DagM8 SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
DagM8 takes no responsibility and assumes no liability for any User Content you or any other user or third-party posts or transmits using our Products. You understand and agree you may be exposed to inaccurate, objectionable User Content, inappropriate for children or adults, or otherwise unsuited to your purpose.
All of us are going to work to make DagM8 a great place where everyone gets along and is nice. Even though we don’t like it, people may still occasionally post bad stuff in user-generated content on sites like DagM8. We take bad behavior very seriously and will quickly as we can try and do something about it, just be forewarned you still might find something not nice before we can take it down. If you see bad stuff, we apologize, we are sorry and disappointed too. Please report it to us quickly so we can do something about it more quickly.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DagM8 SHALL NOT BE 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 (A) YOUR ACCESS TO OR USE OF OR ANY INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL DagM8'S TOTAL AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
We are working to make DagM8 as awesome an active student network as we can, of by and for students; if something isn’t as you like it know we’ll work to fix it, but it may never be perfect. Keep in mind we are not liable for all kinds of various things. If somehow you think we are, let's be rational and work it out like reasonable adults.
For any dispute you have with DagM8, you agree to contact us first and attempt to resolve the dispute with us informally. If DagM8 cannot resolve your dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these TOS by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless you and DagM8 agree otherwise, the arbitration will be conducted where we reside in California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that DagM8 will pay for your reasonable filing, administrative, and arbitrator fees provided your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DagM8 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Governing Law and Jurisdiction
These TOS shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California, for any actions not subject to Section 10 (Arbitration).
Our DagM8 products are controlled and operated from the United States, and we make no representations they are appropriate or available for use in other locations.
Come on, let’s be Dags and get along, ok? Otherwise, the Bay Area is beautiful and here is where you must come if you are litigiously inclined. But please, vacation without lawyers, ok? If you insist on going to court, welcome to arbitration in Santa Cruz.
- General TOS
DagM8 reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these TOS from time to time and the most current version will always be posted on our website. If any revision, in our sole discretion, is material, we will notify you. By continuing to access or use DagM8 Products after revisions become effective, you agree to be bound by our revised TOS. If you do not agree to new terms, stop using DagM8 Products, immediately if not sooner.
If we make big changes to our TOS we'll let you know. If you don’t like them don’t use DagM8. These TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DagM8 without restriction. Any attempted transfer or assignment by you is a violation hereof and therefore makes our offer null and void.
No waiver of any term of these TOS shall be deemed a further or continuing waiver of such term or any other term, and DagM8’s failure to assert any right or provision under these TOS shall not constitute a waiver of such right or provision.
More simply put:
These words and guidelines are part of just about every online terms agreement everywhere on planet earth. Basically, they ensure that a deal is a deal when you're using DagM8. Be nice. You, and everyone else will be better for it and more happy to boot.
If you are a United States federal government agency, please don’t make us spy on anybody. We don’t want to do it. Even if you have a court order. And our TOS still applies to you.
More simply:Let’s all agree to be nice and get along and help each other. PLEASE! Collaboration is Dag'n so be the friend, the mate you would want. This goes for you too, even if you're from the government….