Privacy Policy

Effective Date: May 1, 2012
DaftBug values the users of our website daftbug.com (the “Website”). Your privacy and trust are very important to us. We recognize that you may be concerned about our collection, use, and disclosure of the personally identifiable information (“Personal Information”) that we collect when you use the Website and the services offered on the Website (“DaftBug Services”). This Privacy Policy describes the information that we collect from you, how we collect this information, and what we do with it after we collect it. By using the Website you are accepting the practices described in this Privacy Policy.
If you have any questions or comments regarding this Privacy Policy, please contact us at info@daftbug.com.

Does DaftBug Ever Make Changes to its Privacy Policy?
We may make changes to the Privacy Policy from time to time. We will notify you of any changes by sending you an email, posting a notice on the home page of the Website, or posting a notice in your account when you first login after we have made changes. If you receive notification of a change in our Privacy Policy, you must review the new Privacy Policy carefully to make sure you understand our practices and procedures. You may not be able to receive notices from us if your cookies are not set to accept and/or are disabled.

What Types of Information Does DaftBug Collect?
Personal Information. We collect Personal Information that you provide to us, such as your name, mailing address, phone number, email address, credit card number, and financial information. Non-Personal Information. We also collect non-personal information from you, such as your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address Non-Personal Information cannot be easily used to personally identify you.

How and When Does DaftBug Collect This Information?
Providing Information to Us. We collect Personal Information from you when you provide it to us. For example, if you purchase a product sold through an affiliate, we may collect your name, mailing address, telephone number, credit card number, and email address. If you create an account, we may collect your name, tax identification number, mailing address, email address, and other information that we request during the registration process, and any information that you provide to DaftBug. If you sign up to receive a newsletter, we will collect your email address. Communications With Us. If you communicate with us regarding the Website or the System, we will collect any information that you provide to us in any such communication. Analytic and Reporting Technologies. Like the operators of most websites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software, operating system types, click stream patterns, and the dates and times that the Website and the System are accessed. We also contract with several online partners to help manage, monitor and optimise our Website and the System and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. To do this, we may use web beacons and cookies.

How Does DaftBug Use My Information?
Personal Information. We use Personal Information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving the Website, fulfilling requests for information, producing and shipping the products that you order, and providing customer support. For example, if you create an Account, we will use the information that you provide us to communicate with you and pay you any commissions that you earn. Similarly, if you sign up to receive a DaftBug newsletter, we will use the email address you provide to send you the newsletters. Non-Personal Information. We use Non-Personal Information to track the use of the Website and the System and for other internal purposes, such as providing, maintaining, evaluating, and improving the Website.

When Will DaftBug Disclose My Information to Third Parties?

Disclosure to Successors. We may disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us. In the event DaftBug goes through a business transition, such as a merger or acquisition by or with another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred. You will be notified via email or by a notice on our Website of any such change in ownership or control of your Personal Information.
Disclosure to Unaffiliated Third Parties. We may disclose your Personal Information to prevent an emergency, to prevent harm to others, to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). In particular, we may disclose your information to a third party that alleges that you have infringed their intellectual property rights. Similarly, if you allege that someone is infringing upon your intellectual property rights, we may disclose your information to that person.
Disclosure to Third Party Service Providers and Online Partners. We may contract with various third parties who help us provide, maintain and improve the Website and the System. For example, we use a third party to process payments made to us, and may subcontract out production, fulfilment, analytics, reporting or other operations. We also contract with several online partners to help manage, monitor and optimise our Website and the System and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. We cannot guarantee that such third parties will not disclose your Personal Information.
Disclosure to Affiliates. If you purchase a product, DaftBug may provide your name, and the city and state information provided by you to an Affiliate. In our Affiliate Agreement, DaftBug contractually obligates each Affiliate not to use or disclose this information for any purposes other than internal record keeping, and for marketing, only if you have opted in to receive marketing material directly from the Affiliate. We cannot guarantee all Affiliates will comply with this obligation.
Disclosure of Non-Personal Information. We will disclose Non-Personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information. However, it cannot be easily used to identify you personally.

What About Cookies and Web Beacons?
A cookie is a small file placed on the hard drive of your computer. Most websites use cookies. We use cookies to track your use of the Website and the System, provide you with a more personalized user experience, and to allow you to login and begin use of the Website automatically when you visit the Website. A web beacon is an often-transparent graphic image, usually no larger than a 1×1 pixel that is placed on a web page or in an e-mail that is used to monitor the behaviour of the user visiting the Website or receiving the e-mail. Cookies and web beacons used by DaftBug and our online partners are not linked to Personal Information. Some of our Shopkeepers may use cookies or web beacons on our Website. We have no access to or control over these cookies and web beacons. This Privacy Policy covers the use of cookies and web beacons by DaftBug and our online partners only and does not cover the use of cookies or web beacons by any other third party.

Does DaftBug Protect My Personal Information?
Personal Information. Whenever we obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control. Website Content. The content that you store, post, or transmit on or through the Website, such as message board postings, storefront pages, and images on your Products, may be accessed by other users, including people that you do not know. We are not responsible for the actions of others. Therefore, you should use care in communicating with other users and only disclose your Personal Information to other users that you know to be trustworthy. You should not assume that your content will be kept private.

How Can I Review and Make Changes to My Personal Information?
You can obtain a copy of and request that we correct errors in your Personal Information by emailing us at info@daftbug.com. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personal Information. If your Personal Information changes or if you no longer want to use the DaftBug Services, you may correct, update or deactivate your Personal Information and/or your account through the account management screen. If you would like to deactivate or terminate your account you can also contact our Customer Service.

Tell-A-Friend
If you choose to use our referral service to tell a friend about the Website, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Website. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Security
The security of your Personal Information is important to us. When you enter sensitive information such as a credit card number and/or social security number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Does This Privacy Policy Apply When I Access Third Party Websites?
You may be able to access third party websites directly from the Website. This Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use Personal Information you disclose to them, so you should carefully review the privacy policy of any third party website you visit before using it or disclosing your Personal Information to its provider.

What About Children’s Privacy?
Under Thirteen. The Website and the System are intended for users aged 13 and older only. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13. Thirteen to Seventeen. Prospective users between the ages of 13 and 17 can only use the Website under their parent’s or legal guardian’s supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your Personal Information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at info@daftbug.com.

Can I Opt-Out From Receiving Communications From DaftBug?
We provide you the opportunity to opt-out of having your Personal Information used for certain purposes. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form. If you no longer wish to receive our newsletters and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at info@daftbug.com. We also offer you an opportunity to opt-out of certain communications through the account management screen. If you need assistance you may contact us at info@daftbug.com. If we disclose your Personal Information to a third party in a manner that is not set forth in this Privacy Policy you will be notified so that you can make an informed choice about sharing your Personal Information with that third party.

 

 

 

User Agreement

Terms of service: an agreement between you and DaftBug to enter and use this website and services

Welcome to the DaftBug website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

1 DaftBug Services:

  • Create, design, customize products that are listed for sale.
  • Buy products that are listed for sale
  • Save and share designs that you may have created.
  • Use our fun picture and design tools.
  • Save created images and designs into public and personal galleries.
  • Post your created images to social networks or blogs that you have the legal right to do so
  • Registering to subscribe to special offers and use of galleries.

 

2 Using our DaftBug Services and Website:
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.

2.1 ELIGIBILITY CHILDREN UNDER 18.
DaftBug will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.

2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates a contrary intention:

 

  • Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
  • A person means any form of legal entity as well as any quasi-legal entity.
  • A User means any person using the website and/or services
  • A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
  • The word includes in any form is not a word of limitation.

 

3 User’s Obligations

3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:

 

  1. all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
  2. the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
  3. complying with all laws, regulations and rules in the users country or jurisdiction;
  4. complying with any recommendations or guidelines issued by DaftBug with respect to the use of the Website and/or services and
  5. ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

 

3.2 Restrictions on Users
Users shall not and has no right to either:

 

  1. reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
  2. use either the Website to supply any service to any person; or
  3. modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
  4. access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
    1. infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
    2. is libellous, defamatory or slanderous,
    3. condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
    4. contains explicit sexual content,
    5. does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
    6. is designed to or does harass, threaten, defame or abuse others,
    7. exploits images or the likeness of minors,
    8. encourages the use of drugs or the under-age use of alcohol or cigarettes, or
    9. is generally offensive or in bad taste;
  5. use “Spam”, “blast-faxes” or recorded telephone messages to market or sell any products or services,
  6. use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website.
  7. take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
  8. use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
  9. collect electronic mail addresses or other information from our Website,
  10. impersonate another person or entity,
  11. engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
  12. assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
  13. frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else’s website, without specific agreement.

 

USER ACKNOWLEDGES AND AGREES THAT DaftBug MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4. DaftBug Obligations

4.1 Access to and use of the Website and Services Subject to user complying with and discharging each of its obligations under these Terms of Use, DaftBug shall allow user to access and use the Website and the services .

4.2 Privacy: DaftBug may collect personal data concerning the user in the course of and incidental to users use of the Website and services. DaftBug shall comply with, and user hereby consents irrevocably and unconditionally to DaftBugs collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).

4.3 Training
User acknowledges that DaftBug has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.

4.4 Modification of the Website.
DaftBug reserves the right to modify the organization, structure, content or “look and feel” of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. DaftBug shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.

5. Intellectual Property Rights

5.1 Reservation of title
user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1. DaftBug grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by DaftBug; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, DaftBug may revoke the licence and deny access to and use of the Website.

5.2 Prohibition on infringement
User acknowledges and agrees that DaftBug does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, in consideration of the authorisation granted under clause 4.1, User hereby grants to DaftBug an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.

6. Registration

User Account, Password, and Security You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DaftBug of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DaftBug cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. Warranties

7.1 Users warranties
User represents and warrants to DaftBug that, in its use of the Website and the Services provided, it:

  1. will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
  2. will comply with all applicable laws, rules, and regulations.
  3. User further represents and warrants to DaftBug that:
  4. there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
  5. DaftBug will not be required to make any payments or compensation to any person in connection with its use of such content; and
  6. such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.

 

7.2 DaftBugs warranties
DaftBug represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

7.3 Caveats

  • DaftBug provides the Website and Services on an “as is” and “as available” basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by DaftBug that the functionality or operation of the Website and/or the services will:
    • be uninterrupted or free of errors and inaccuracies;
    • meet users requirements; or
    • operate in the configuration or with the hardware or software used by user.
  • User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
  • DaftBug does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which DaftBug is not liable.
  • DaftBug does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.

 

7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY DaftBug, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No representation or reliance
(a) User acknowledges that neither DaftBug nor any person acting behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of DaftBug, except for representations or inducements expressly set out in these Terms of Use.

8. Exclusion and Limitation of Liability

8.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall DaftBug be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

  1. any third party;
  2. actions of user that were not expressly authorised by DaftBug;
  3. accident, misuse or abuse by anyone other than DaftBug;
  4. alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than DaftBug;
  5. products (including any hardware or software) or services not licensed or supplied by DaftBug;
  6. power surge or failure,
  7. events of force majeure or events outside DaftBugs actual control; or
  8. any other condition not arising under normal operating conditions;

 

(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that DaftBug has been advised of the possibility of any particular loss or damage.

8.3 Links
DaftBug may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that DaftBug is not responsible for the operation of or content located on any such website, and DaftBug cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against DaftBug for any damages or losses of any kind arising from the other website and/or the link.

8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, DaftBug’s sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

8.5 Indemnity User shall indemnify and hereby releases unconditionally DaftBug , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.

9. Termination

9.1 Termination
(a) At any time and with or without cause, DaftBug may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by DaftBug. In no event shall any such termination or suspension by DaftBug relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

9.2 Effect of termination
(a) On any expiry or termination of these Terms of Use, DaftBug may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and DaftBug shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.

10. General

10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

10.2 Variation
DaftBug may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user’s continued access and use of the Website and the Services on or after such effective time constitutes the user’s unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the DaftBug services.

10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

10.4 Assignment
(a) DaftBug may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Delaware, United States of America (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.