Terms

Terms and Conditions

Last updated: September 27, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the DapIT App mobile application (the "Service") operated by Studio 23rd Street, LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

SMS Texting

Studio 23rd Street, LLC provides standard-rate SMS (Short Messaging Service) programs which provide various types of information to our DapIt customers. Subscribers in our programs have provided express consent to receive recurring messages, that include but not limited to app updates, marketing, coupons, promotions, contests from Studio 23rd Street, LLC via one of our short codes, while understanding that consent is not a condition of service from Studio 23rd Street, LLC , and that message and data rates may apply.

If you have any questions or concerns about sending and/or receiving SMS messages or data plan, please contact your wireless provider.

Message and data rate AND message frequency text:
Example: As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 1 message per week. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.


Studio 23rd Street, LLC is committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy of the customer and their data. For more information you can view a copy of our privacy policy online:  


Supported SMS Carriers

Carriers are not liable for delayed or undelivered messages. Studio 23rd Street, LLC SMS programs are available on the following carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, and others.

AT&T
Sprint
T-Mobile (T-Mobile is not liable for delayed or undelivered messages.)
Verizon Wireless
ACS Wireless
All West Communications
Appalachian Wireless
Atlantic Tele/Choice
AWCC
Bluegrass Cellular
Boost Mobile
Brightlink
Cablevision
Carolina West Wireless
Cellcom
Cellular South (C-Spire)
CellularOne (of NE AZ)
Chariton Valley Wireless
Chat Mobility
Cincinnati Bell
Copper Valley
Cricket / Leap
CTC Telecom
Custer Telephone
DTC Wireless (Advantage)
Duet IP
Eagle Telephone System
ECIT
Element Wireless
Enflick Inc
Epic Touch
Farmers Mutual Telephone
Flat Wireless
GCI / Alaska Digitel
Gold Star Communications
Google Voice
Illinois Valley
Immix Wireless (Keystone)
Inland Cellular
Layered Communications
Leaco Rural Telephone
Manti Tel
Metro PCS
Mid-Rivers Communications
Mobi PCS
MobileNation / SI Wireless
Mosaic
MTA
MTPCS Cellular One/CellOne Nation
One of PA
Nemont Sagebrush Cellular
Nex-Tech
nTelos
Nucla-Naturita Tel
NW Missouri Cellular
Peoples Wireless
Pine Cellular
Pioneer Cellular
Plateau Wireless
PTCI (Panhandle Wireless)
Republic Wireless
South Central Utah
SouthernLINC Wireless
SRT Wireless
Standing Rock
Syringa Wireless
Thumb Cellular
Triangle Wireless
UBET
Union Wireless
United Wireless
US Cellular Corp
Viaero Wireless
Virgin Mobile USA
West Central Cellular

Verification Code Terms 
& Conditions

Studio 23rd Street, LLC  verification code is a standard-rate SMS (Short Messaging Service) program which provides DapIt App users with an on-demand unique verification code sent via text message to a customer’s mobile phone. If you have any questions or concerns about sending and/or receiving SMS messages, please use our company information below to contact us for additional support. Subscribers have provided express consent to receive one message per query from Studio 23rd Street, LLC  via short code {     }, and understand that consent is not a condition of service from Studio 23rd Street, LLC , and that message and data rates may apply.

How to Opt-In 

Users when signing up to services provided by Studio 23rd Street, LLC are opted in when checking the box that says I agree to receive text messages from DapIt. We will be sending out a welcome message -> Example: "Thank you for connecting with DapIt, we will be sharing new features and updates to our app." Send START to know more, Reply HELP for HELP Reply STOP to CANCEL Msg&Data Rates May Apply. Msg freq may vary per user.

How do I get help information from the 
Verification Code service?

Text the word HELP to { .   }, or call (530) 723-5244 at any time to receive customer support information. Example: "We are here to help. To opt-in to our text messaging please text the word "START" or to be removed type the word "STOP.""Reply HELP for HELP Reply STOP to CANCEL Msg&Data Rates May Apply. Msg freq may vary per user.

How do I discontinue receiving Verification 
Code messages?

Send STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to {       } to opt out of Studio 23rd Street, LLC verification codes. Example: "We are sorry to see you go. To return just type START." Reply HELP for HELP. 

SMS Active Keywords

HELP, STOP, END, QUIT, CANCEL, UNSUBSCRIBE, START

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Studio 23rd Street, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Studio 23rd Street, LLC customer support team.


A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Studio 23rd Street, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Studio 23rd Street, LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Studio 23rd Street, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

Studio 23rd Street, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Studio 23rd Street, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Studio 23rd Street, LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Studio 23rd Street, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Studio 23rd Street, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Studio 23rd Street, LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Studio 23rd Street, LLC

Studio 23rd Street, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Studio 23rd Street, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Studio 23rd Street, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Studio 23rd Street, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Studio 23rd Street, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Yolo County, California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 60 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us support@dapitapp.com or by calling (530)723-5244.
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