Terms and Conditions
Terms of Use
THE SERVICE, WEB APPLICATION AND RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, YOU DO NOT HAVE THE RIGHT TO USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICE. THE SERVICE PROVIDER RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY
WEBSITES
1.1 These Terms of Use apply to all users of the mobile application, website, mobile website, any other affiliated websites (together, the “Digital Services”) and its related Software (defined below), mobile applications and services (collectively, the “Service”). We reserve the right, at our sole discretion, to change or modify 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.
1.2 The Service may contain links to third party websites or services that are not owned or controlled by the Service Provider. The Service Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In addition, Service Provider will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Service Provider from any and all liability arising from your use of any thirdparty website or services. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
1.3 Service Provider has established a Privacy Policy to explain to users how personal information is collected and used, which is located above. Your use of the Service signifies acknowledgement of and agreement to our Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Use.
2. INTELLECTUAL PROPERTY
2.1 All content on or available through the Service, including without limitation, the text, software (“Software”), scripts, tools, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Service Provider. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Subject to the terms and conditions of these Terms of Use, Service Provider hereby grants you a personal, non-transferable, nonsublicensable and non-exclusive right and license to use the object code of any Software on devices controlled by you and solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by Service Provider for use in accessing the Service
2.2 You shall not (and shall not allow any third party to) sell, assign, sublicense or otherwise transfer any right in any Software. Any reproduction, modification, creation of derivative works from or redistribution of the Software or the Service is prohibited without the express written consent of Service Provider.
2.3 You further agree not to reproduce, duplicate or copy the Content without the express written consent of Service Provider, and agree to abide by any and all copyright notices displayed on or through the Service. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Software or the Service.
2.4 Nothing in these Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Marks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Marks will inure to our exclusive benefit.
2.5 Software available in connection with 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 and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
3. ACCESS; MOBILE SERVICES
3.1 Service Provider grants you a limited, revocable, non-sublicensable, nonexclusive license to access the Service for your own personal use. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
3.2 In order to access some features of the Service, you will have to create an account. You may never use another user’s account without the account holder’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs on your account, and you must keep your account password secure. You must notify Service Provider immediately of any breach of security or unauthorized use of your account. Although Service Provider will not be liable for any losses caused by any unauthorized use of your account, you will be liable for the losses of Service Provider or others due to such unauthorized use.
3.3 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by or through the Service for any commercial solicitation or illegal or improper purposes.
3.4 Notwithstanding the foregoing, Service Provider grants the operators of recognized international public search engines, such as Google and Bing, permission to use spiders to copy materials from the public areas (non-logged in areas) of the Site and mobile application for the sole purpose of creating publicly available searchable indices of the materials. Service Provider reserves the right to revoke these exceptions either generally or in specific cases.
3.5 The Service includes certain services that are either available, or will soon be available, via a mobile device, including (i) the ability to upload content to the service via a mobile device, (ii) the ability to browse the service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service or the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices
4. CONDITIONS OF USE
4.1 By using the Service, you specifically agree to comply with each of the following:
4.2. You will not disseminate, post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
4.3. You will not disseminate, post or transmit any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein.
4.4. You have fully complied with any third-party licenses relating to the material you disseminate, post or transmit and have done all things necessary to successfully pass through to end users any required terms.
4.5. You will not disseminate, post or transmit any material that is: is false, deceptive, misleading, or deceitful.
4.6. You will not disseminate, post or transmit any material that is: abusive, hateful, racist, bigoted, sexist, violent, libelous, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
4.7. You will not disseminate, post or transmit any material that deceptively impersonates any person or entity.
4.8. You will not disseminate, post content that constitutes or contains any form of advertising or solicitation or for commercial purposes, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation other than those contemplated in the Service.
4.9. You will not disseminate, post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious and unrequested software, computer code, or file, or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
4.10. You shall not submit any material that is intended to promote or commit an illegal act.
4.11. You will not solicit personal information from anyone under the age of 18, nor harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
4.12 By downloading and activating the Service application(s) you acknowledge that you may be subject to the irresponsible use of the service by other users, including the abuse and/or irresponsible use of the alert feature. Further, you acknowledge that Service Provider and its affiliated companies, officers, directors, employees and agents, are not in any way responsible for any actions and injuries (including death) of any kind, claims, rights, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any other user or users’ misuse of and access to the alert feature.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed appropriate by Service Provider.
5. DISCLAIMERS AS TO THIRD PARTY SUBMISSIONS
5.1 The Service may permit the submission of text, audio, video, or other content submitted by you and other third parties such as our partners (“Third Party Submission(s)”) and the hosting, sharing, and/or publishing of such Third Party Submissions. Third Party Submissions include, but are not limited to, crowdfunding deal information, websites, blog postings, photos, and any other interactive area of the Service.
5.2 By posting, submitting or uploading Third Party Submissions to any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Service Provider an irrevocable, perpetual, transferable, nonexclusive, royalty-free, fully paid, worldwide license to use, copy, perform, display, transmit, store, modify and distribute said Third Party Submissions and to prepare derivative works of, or incorporate into other works, said Third Party Submissions, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third Party Submissions to or through the Service, you automatically grant Service Provider all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submissions by any party for any purpose.
5.3 When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to the Service on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access the Service to facilitate posting Third Party Submissions on behalf of others, except with express written permission from Service Provider.
5.4 Service Provider reserves the right to modify or discontinue, temporarily or permanently, the Service, including its interactive features, blogs, comments (or any part thereof) with or without notice at any time. You agree that Service Provider shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Service.
5.5 You are and shall remain solely responsible for any and all Third Party Submissions you make through the Service. You acknowledge that any information you disclose through the Service becomes public information and can be used by people you do not
know. Accordingly, you should exercise caution when deciding to disclose any information. Any such disclosures are at your own risk.
5.6 Service Provider does not prescreen Third Party Submissions submitted and Service Provider has no duty to monitor any interactive area of the Service. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Service and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Service Provider may refuse to post or deliver, remove, modify or otherwise use or take any action with respect to any submission on the Site.
5.7 You must not describe or assign keywords to your Third Party Submissions, including blogs, in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Service Provider may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Service Provider liability.
5.8 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Feedback”), provided by you to Service Provider are non-confidential and Service Provider shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5.9 You acknowledge that the interactive features on the Service are not for private communications. Although your use of internal communications will not be broadcast publicly, DR will have access to these communications which will be utilized to better provide internal team support. You acknowledge that you have no expectation of privacy with regard to any submission to the Service. Service Provider cannot guarantee the security of any information you disclose through the Service; you make such disclosures at your own risk.
6. LIMITS ON THIRD PARTY SUBMISSIONS
6.1 You understand that when using the Service, you will be exposed to Third Party Submissions from a variety of sources, and that Service Provider is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Service Provider with respect thereto, and agree to indemnify and hold Service Provider, its owners/operators, affiliates, and/ or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
6.2 Service Provider does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Service Provider expressly disclaims any and all liability in connection with Third Party Submissions.
6.3 Service Provider does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Service Provider will remove Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another’s intellectual property rights. Service Provider reserves the right to remove Content and Third Party Submissions without prior notice.
6.4 In particular, if you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent via the form on this website or mobile application.
The information provided to our Copyright Agent must be in writing and contain the following (see 17 U.S.C 512(c)(3) for further detail):
6.4.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
6.4.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
6.4.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
6.4.4 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
6.4.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6.4.6 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
6.4.7 You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
7. Third-Party Services
8.1 Service Provider offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:
Service Provider and you acknowledge that these Terms of Use are concluded between Service Provider and you only, and not with Apple, and that as between Service Provider and Apple, Service Provider, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Service Provider’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Service Provider and you acknowledge that Service Provider, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Service Provider and Apple, Service Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the AppleEnabled Software, they should be directed to Service Provider via the contact form on this Site or mobile application.
Service Provider and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
You agree that Service Provider, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if Service Provider believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Service Provider shall not be liable to you or any third-party for any termination of your access to the Service, and you agree not to attempt to use the Service after said termination.
9. WARRANTY DISCLAIME
THE SERVICE, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. SERVICE PROVIDER 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, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERVICE PROVIDER, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR DAMAGES FOR LOST PROFITS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) THE SERVICE, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE OR THE SERVICE. IN NO EVENT SHALL SERVICE PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SERVICE PROVIDER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
11. Indemnity
You agree to release, defend, indemnify and hold harmless Service Provider, its affiliated companies, officers, directors, employees and agents, from and against any and all actions and injuries (including death) of any kind, claims, rights, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use or misuse of and access to the Site, mobile application or the Service, your connection to the Service, or any Third Party Submissions, (b) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (b) your violation of any term of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.
12. Governing Law / Disputes
These Terms of Use constitute the entire agreement between you and Service Provider and govern your use of the Service, superseding any prior agreements between you and Service Provider with respect to the Service. The failure of Service Provider 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 the Service shall be deemed solely based in the State of operation of the Service Provider, and that the Site and mobile application shall be deemed passive services that do not give rise to personal jurisdiction over Service Provider, either specific or general, in any state or federal courts other than those located within the State of operation of the Service Provider. Any dispute, claim or controversy arising out of or relating to the Site, the mobile application, these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of operation of the Service Provider, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay its counsel fees and expenses. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Service Provider without restriction
QUESTIONS/CONCERNS
Please contact us via the contact form on our website or mobile application to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Service.
Last updated: Auguat 29, 2022.
