1. Eligibility

You must be at least 13 years of age and must not have been previously suspended from or removed from access to our Services to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person or entity's behalf and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2. User Accounts and Account Security; Payments

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You may not allow others to use your account credentials, you are responsible for the activities of such uses that occur in connection with your account. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. If you upload or provide payment information to your account, including, but not limited to credit card or banking information, you represent and warrant that such information is accurate and that you are authorized to use such payment information in connection with the Services. If you use your account in connection with any “free” or “freemium” services offered by us in connection with or as a part of the Services, you agree not to create multiple accounts for the same individual or company, or otherwise engage in conduct that would reasonably be construed as manipulating Dacr or the Services for purposes of receiving benefits in addition to those available to users who comply with these Terms. Dacr reserves the right to limit access to your account, remove your account, or otherwise alter its privileges in connection with the Services if you breach these Terms or any other agreement between you and Dacr.

You agree to pay all amounts required to be paid to Dacr in connection with your use of the Services when due, as set forth in our pricing information posted on our Website, which may be updated or changed from time to time without notice. All payments are subject to our payment terms and conditions, available at www.dacr.com/pricing (the “Pricing Terms”). In connection with your use of the Services, you may become entitled to a payment by (a) Dacr, (b) a third party who maintains a User Account, or (c) a third party with no affiliation to Dacr. In connection with (b) and (c) in the preceding sentence, Dacr expressly disclaims all liability in connection with any payment owed to you, prior to the date of these Terms, now, or in the future, and you agree to hold Dacr harmless in connection with such payments. Payments owed to you by Dacr are subject to our Pricing Terms, which you expressly assent to and acknowledge by using the Services. Among other things, our Pricing Terms provide that Dacr is not required to make a payment to you if:

• Your User Account is not in good standing or is otherwise delinquent in payments owed to Dacr;
• Dacr reasonably believes that you have violated these Terms, or any other agreement between you and Dacr; and/or
• Dacr reasonably believes that you have violated applicable law in any jurisdiction where the Services or User Content is accessible.

In the event of a conflict between these Terms and Pricing Terms, these Terms shall control.

You shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by you hereunder; any such taxes, duties and charges currently assessed or which may be assessed in the future, that are applicable to the services provided under these Terms are for your account, and you hereby agrees to pay such taxes.

As part of, and in connection with, our provision of the Services to you, we will expend material resources to deliver the Services to you, which includes, but is not limited to, maintaining of a database (or the ability to interact with such a database) containing records that may be relevant to your claim of copyright protection over a copyrightable work. In connection with our delivery and your receipt of the Services, you authorize us to continue to charge your designated payment method for so long as such authorization remains active, subject to such settings as your may enable or disable in connection with your account settings. To the extent no payment method is active, you authorize us to continue to bill your account (with such bills for the Services accruing over time) to be settled upon your reactivation of certain features of your account and/or your reauthorization of payment method. As set forth herein and in the Pricing Terms, we reserve the right to restrict your account and the availability of certain features offered as part of the Services if you have any outstanding amounts due to us, which remain unpaid.

3. User Content

Our Services may allow you and other users to post, store and share content, including messages, text, images, videos, and other materials (collectively, "Posted User Content") and to create content comprised of, among other things, the foregoing (collectively, "Created User Content" and with Posted User Content, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Dacr.

You grant Dacr a perpetual, irrevocable, nonexclusive, royalty free, worldwide, fully paid, transferable and sub-licensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username, likeness, voice or persona provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you, including without limitation in films, products or for publicity, promotion, advertising, trade, business, illustration, artistic or other purposes of any kind.

You represent and warrant that you have all rights necessary to grant such permission as set forth herein and that no infringement or violation of any third party rights will result from the use of the User Content. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to the public.

You hereby release and discharge Dacr and its affiliates and their respective agents, employees and assigns, and anyone acting under their authorization, from any claims that such use as authorized herein violates any of your rights, including without limitation any rights of publicity or privacy.

You may not create, post, or store any User Content that (i) violates these Terms, or (ii) for which you do not have all the rights necessary to grant us the license described above, (iii) which violates any law or regulation where the User Content or the Services are accessible. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.

Our Services have been created such that the User Content may be stored on or in a database that is outside of the direct or indirect control or Dacr, including, but not limited an immutable distributed ledger system or blockchain. As a result, Dacr may be unable to remove, hide, alter, change, or otherwise delete the User Content. Although we have no obligation to screen, edit or monitor User Content, to the extent technological limitations allow, we may delete or remove User Content at any time and with or without notice if such User Content violates these Terms or any other agreement between you and Dacr. To learn more about parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting your minor's access to certain content, visit http://www.netparents.org/parentstips/browsers.html.

Our Services are intended to facilitate end users in obtaining copyright protection over certain User Content. We make no representation or warranty that submitting, storing, or sharing User Content in connection with the use of the Services will grant any right provided for by law, including copyright protection, in any jurisdiction whatsoever. Dacr is not a law firm or licensed to practice law in any jurisdiction. Any discussion or reference to legal rights or protections, including, but not limited to intellectual property rights, is for informational purposes only and you agree that you shall not rely on same in connection with your User Content. You agree that, prior to your use of the Services, you will consult with an attorney about the impact of your use of our Services on your prior, current, or future User Content. BY AGREEING TO THESE TERMS, ACCESSING OUR WEBSITE, OR UTILIZING OUR SERVICES, YOU AGREE TO HOLD DACR HARMLESS FROM AND AGAINST ANY AND ALL COSTS, FEES, LOSSES, OR DAMAGES OF ANY KIND WITH RESPECT TO THE USER CONTENT, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY ACTUAL OR ALLEGED INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF YOU, YOUR AFFILIATES, OR ANY THIRD PARTY, WHETHER OR NOT SUCH PARTY HAS AGREED TO THESE TERMS.

Features available through the Services may permit you to sell, purchase, transfer, convey, assign, assume, license, or sublicense User Content (in each case, a “Transaction”) from or to a third party (a “Counterparty”). You may enter into such agreements with the Counterparty as you determine in your sole discretion, and Dacr assumes no responsibility or liability for or in connection with any Transaction with any Counterparty. If you do not wish to specify custom terms and conditions for the Transaction with the Counterparty, the Transaction shall be subject to the terms and conditions of our Standard Assignment Agreement at www.dacr.com/standardassignment or Standard License Agreement at www.dacr.com/standardlicense, as applicable. You agree to pay all fees and costs associated with the Transaction as specified in these Terms or in our Pricing Terms (as hereinafter defined). You agree to hold Dacr harmless and indemnify Dacr from and against any and all damages, liabilities, fees, or costs of any kind or nature arising from or related to a Counterparty, any Transaction, or the Standard Assignment Agreement or Standard License Agreement.

4. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user's account without authorization from that user and Dacr;
• Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Sell, resell or commercially use our Services;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
• Develop or use any applications that interact with our Services without our prior written consent;
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Bypass or ignore instructions contained in our robots.txt file; or
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only post or otherwise share User Content that is non-confidential and you have all required rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party's consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Dacr or others to any harm or liability of any type.

5. Ownership; Limited License

Our Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Dacr or our licensors, users or other third parties and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, non-commercial use. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

6. Trademarks

Dacr, Digital Assertive Copyright, and our logos, product or service names, slogans and the look and feel of our Services are trademarks of Dacr and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

Dacr grants you a limited, revocable, nonexclusive, royalty free, worldwide, fully paid license to use and display the Dacr logo and Dacr badge (the “Dacr Marks”) for the sole purpose of conveying that the User Content to which the Dacr Marks have been affixed is subject to these Terms and is being utilized in connection with the Services; provided, however, (a) you shall not sell, resell or commercially use the Dacr Marks, (b) you shall not use the Dacr Marks in a manner that violates these Terms or other guidelines published by Dacr from time to time, (c) you shall not publish or publicly display the Dacr Marks if your User Account is not in good standing or otherwise delinquent due to non-payment of required amounts.

7. Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information about Dacr or our products or Services that you post, submit or otherwise communicate to us (collectively, "Feedback"), is non-confidential and will become the sole property of Dacr. You hereby assign to Dacr all Feedback, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Dacr's Designated Agent as follows:

Designated Agent: Yosef B. Shwedel

Address: 20801 Biscayne Blvd, Suite 506

Aventura, Florida 33180

E-Mail Address: legal@dacr.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Dacr for certain costs and damages. Dacr reserves the right to provide any and all information shared by you with Dacr, including, without limitation, your name, username, contact information, or other identifying information to any party who submits a request to take down User Content submitted by you pursuant to the DMCA.

By using our Services or creating, uploading, storing, or accessing User Content, you agree and acknowledge that certain User Content or other information may be stored or be otherwise accessible via a database that is not controlled, directly or indirectly, by DACR, including without limitation an immutable distributed ledger or blockchain. Dacr expressly disclaims all legal right, title, and interest in and to property or information stored on a database or other system that is beyond Dacr’s sole and direct control. Dacr may not have the technological or commercial means to remove content or information, including User Content, from such database or system.

9. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Dacr does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content and your access to and use of such Third-Party Content is at your own risk.

10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Dacr and our affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Dacr Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and/or (e) your conduct in connection with our Services. You agree to promptly notify Dacr Parties of any third-party Claims, cooperate with Dacr Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Dacr Parties will have control of the defense or settlement, at Dacr's sole option, of any Claims subject to this Section 10. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Dacr or the other Dacr Parties.

11. Disclaimers

Disclaimers Generally.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website, or which are accessibly by or through the Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OR INFORMATION OBTAINED THROUGH THE SERVICES OR YOUR UPLOADING OR DOWNLOADING OF ANY MATERIAL AVAILABLE BY OR THROUGH THE SERVICES, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY DOCUMENTS OR INFOMRATION OR ITEMS OBTAINED BY OR THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED BY OR THROUGH THE SERVICES OR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DACR NOR ANY PERSON ASSOCIATED WITH DACR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DACR NOR ANYONE ASSOCIATED WITH DACR REPRESENTS OR WARRANTS THAT THE SERVICES, OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE, OR THIRD PARTY WEBSITES, SERVERS, OR DATABASES USED IN CONNECTION WITH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, DACR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Services-Related Disclaimers.

Our Services permit you to submit, store, and access User Content on a database or similar system, which may not be directly or indirectly controlled by us, for purposes of associating such User Content with you as of a particular date and time. Dacr makes no representation or warranty that your use of our Services will grant or confer any right, power, protection, or other legal status on you or any User Content.

Amounts paid by you to Dacr or its affiliates for or in connection with your use of the Services are non-refundable. Notwithstanding the foregoing, Dacr may, on a case by case basis, as determined in Dacr’s sole and absolute discretion, proceed a refund if requested by you in writing.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Dacr and the other Dacr Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Dacr or the other Dacr Parties have been advised of the possibility of such damages.

The total liability of Dacr and the other Dacr Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Dacr or the other Dacr Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13. Release

To the fullest extent permitted by applicable law, you release Dacr and the other Dacr Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

14. Transfer and Processing Data

By using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

15. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with Dacr and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this agreement.

Except for small claims disputes in which you or Dacr seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Dacr seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Dacr waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute that you have against Dacr, you agree to first contact Dacr and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Dacr by email at legal@dacr.com or by certified mail addressed to: Yosef B. Shwedel, 20801 Biscayne Blvd. Suite 506, Aventura, Florida 33180. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Dacr cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by JAMS or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in Dade County, Florida or may be conducted telephonically or via video conference for disputes alleging damages less than $10,000 in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Dacr agree that any dispute arising out of or related to these Terms or our Services is personal to you and Dacr and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Dacr agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrators, Dacr, and you will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.

You and Dacr agree that for any arbitration you initiate, you will pay the filing fee and the other JAMS fees and costs. For any arbitration initiated by Company, Dacr will pay all JAMS fees and costs. You and Dacr agree that the state or federal courts of the State of Florida and the United States sitting in Broward County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and Dacr will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by sending a Notice to Dacr by email at legal@dacr.com or by certified mail addressed to: Yosef B. Shwedel 20801 Biscayne Blvd. Suite 506, Aventura, Florida 33180. In order to be effective, the opt out notice must include your full name, address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 16.

If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

In any action or proceeding (including arbitration) arising from or related to the Services, any User Content, and/or these Terms, the prevailing party shall entitled to receive and recover from the non-prevailing party in any such proceeding its reasonable attorneys fees, costs, and other sums incurred in connection with such action or proceeding.

16. Governing Law and Venue

Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of Florida, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of Florida and the United States, respectively, sitting in Dade County, Florida.

17. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

18. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

19. Miscellaneous

The failure of Dacr to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.