Dino Budimilic ("I," “we,” “us,” “our”) provides the use of his mobile applications (the “App”) subject to the following Terms of Use (as amended from time to time, the “Terms of Use”). For the purposes of these Terms of Use, the Dino Budimilic's services, including any new features, the App, are referred to collectively as the “Service”.
We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without further notice. You should periodically visit this page to review the current Terms of Use so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the App. It is your responsibility to regularly check this site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THIS Terms of Use CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Age: If you are under the legal age in your country, you are not authorized to use the Tipping section of the App.
I reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dino Budimilic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
User Conduct: You are solely responsible for all information, data, text, music, sound and/or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service.
You acknowledge that Dino Budimilic reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion.
Software available about the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Dino Budimilic are non-confidential and Dino Budimilic shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Dino Budimilic may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Dino Budimilic, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Dino Budimilic expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a purpose, title and non-infringement.
Dino Budimilic makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors will be corrected.
Any material downloaded or otherwise obtained using the service is done at your own discretion and risk and that you will be solely responsible for any damage to your equipment or loss of data that results from the download or use of any such material. No information, whether oral or written, obtained by you from Dino Budimilic or through or from the service shall create any warranty not expressly stated in these terms of use.
Always use caution when giving out any personally identifying information about yourself or your children. Dino Budimilic does not control or endorse the content, messages or information found on the service and, therefore, Dino Budimilic specifically disclaims any liability about the service and any other actions resulting from your participation in the service.
You expressly understand and agree that Dino Budimilic shall not be liable for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Dino Budimilic has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event shall Dino Budimilic’s total liability to you for all damages, losses or causes of action exceed one thousand dollars ($1000).
These Terms of Use constitute the entire agreement between you and Dino Budimilic and govern your use of the Service, superseding any prior agreements between you and Dino Budimilic with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Dino Budimilic agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Boston, Ma. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or about this agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering this Terms of Use. The failure of Dino Budimilic to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.
We respect your privacy. For details please see our Privacy Policy. We do not collect any of your personal data without your knowledge.
Please contact me at budidino@gmail.com to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Service.
Last Updated: January 2021