By accessing and using DeeMe, User acknowledges to have read and understood, to have the legal capacity to and hereby agrees to be legally bound by this Agreement and the above additional terms, agreements, policies, rules, and accounts. No Users under 13 years of age (except for emancipated minors) should have the access to DeeMe or any parts thereof under this Agreement. Parents or guardians of emancipated minors may create a DeeMe Account on their behalf.
If User does not agree with any terms of this Agreement or any of the above additional terms, agreements, policies, rules, and accounts, User is not permitted to install, access, use, or share any DeeMe software or services.
Under this Agreement, Application Provider grants User a non-exclusive, non-sublicensable, revocable, and non-transferable end-user license to access and use DeeMe. Except as expressly set forth herein, this Agreement does not confer, transfer, assign, or license any intellectual property rights including without limitation any patents, trademark, trade secret, copyright, know-how belonging to or owned by Application Provider to User. For clarity, the limited end-user license herein granted is conditioned upon User's compliance with the terms of this Agreement. In the event that User breaches any provision of this Agreement, User's license herein shall immediately terminate without notice from Application Provider.
To install, access, and use DeeMe, User is required to register with Application Provider by completing a registration form and designating a user account and password. In registering, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or Application Provider has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Application Provider may suspend or terminate User's account and refuse any and all current or future use by User of DeeMe (or any portion thereof).
User may not authorize any third party to access or use DeeMe on User's behalf. User is responsible for maintaining the confidentiality of its DeeMe Account and credentials, and is fully responsible for all activities that occur under User's DeeMe Account or credentials. User agrees to immediately notify Application Provider of any unauthorized use of User's DeeMe Account or credentials or any other breach of security. Application Provider is not liable for any loss or damage arising from any unauthorized use of User's account.
By registering with Application Provider, User understands and acknowledges that Application Provider may send User communications or data regarding DeeMe or related applications, including but not limited to (i) notices about User's use of DeeMe, including any notices concerning violations of use; (ii) updates; and (iii) promotional information and materials regarding DeeMe and related services, via electronic mail. User is given the opportunity to opt-out of receiving such electronic mails from Application Provider by following the opt-out instructions provided in the message. Opt-out requests will not apply to transactional service messages, such as security alerts and notices about User's then-current DeeMe Account.
To the extent that DeeMe provides Users an opportunity to create, store, share, and exchange information, materials, data, images, and files ("User Data"), User hereby represents and warrants that User has all necessary rights in and to all User Data User provides and all information contained therein.
By registering to use DeeMe and accepting this Agreement, User hereby grants Application Provider and its contractors, and acknowledges that Application Provider and its contractors retain, an irrevocable, royalty-free, worldwide license to use, copy, and display User's User Data for the sole purpose of providing to User DeeMe and related services for which User has registered. Users continues to retain all ownership rights of any User Data User provides and shall remain solely responsible for User Data, and any material or information transmitted to other Users. Application Provider claims no ownership rights in any User Data.
Content created, stored, shared, or exchanged by Users are generally not reviewed by Application Provider. Application Provider uses a third-party service provider to host and manage servers and any user messages or other content will be deleted form the servers immediately after they are read by the recipient.
User can notify Application Provider at firstname.lastname@example.org regarding any content that User believes might have violated applicable laws or User's intellectual property rights. Application Provider reserves the right, at its sole discretion, to determine whether to take action and to what extent action shall be taken in response to each such notification. Any action or inaction in a particular instance shall not dictate or limit Application Provider's response to a future complaint. Application Provider does not assume any liability for any action or inaction on its part with respect to any User Data.
Application Provider reserves the right, at its sole discretion, to change, modify, or update the terms and conditions of this Agreement at any time. User can find the most recent version of this Agreement at www.deemeapp.com with the date of last modification noted. Such modifications shall become effective immediately upon the posting thereof. User is encouraged to review this Agreement regularly for any updates. If User fails to agree to any updated or revised terms and conditions, User's sole recourse is to immediately stop all use of DeeMe under this Agreement. User's continued use of DeeMe following the posting of any modifications shall constitute User's acceptance of the revised terms and conditions. Over time, Application Provider may change, modify, or update DeeMe and related services, or delete features for any reason, with or without notice to User.
Application Provider reserves the right to terminate User's access to and use of DeeMe in the event User violates any of the below terms for acceptable User conduct.
User shall not use DeeMe in any way that violates applicable federal, state, or international law, or for any unlawful purpose.
User shall not copy, sell, transfer, lease, or distribute DeeMe or User's DeeMe Account to a third-party.
User shall not modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software, systems, and sites used or provided in connection with DeeMe or User's DeeMe Account.
User shall not use DeeMe to access, procure, share, exchange information or materials in violation of any intellectual property rights of Application Provider or any third parties.
User shall not use DeeMe to send, either directly or indirectly, any unsolicited bulk communications or unsolicited commercial email or communications.
User is prohibited from launching or using any automated software or system, including without limitation, "robots," "spiders," "offline readers," etc. or " apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., in accessing DeeMe.
User is prohibited from using DeeMe to send or otherwise knowingly make available any materials that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage or disrupt the operation of another person's computer hardware or software.
User shall not breach or attempt to breach any security or authentication measures of DeeMe or related services, or probe, scan, or test the vulnerability of DeeMe, or any associated system or network.
All decisions concerning the applicability of these terms and the review of user conducts thereunder shall be at the discretion of Application Provider. Application Provider reserves the right to determine what action, if any, to take in response to each possible violation or complaint. Any action or inaction in a particular instance shall not dictate, limit, or waive Application Provider's response to a future violation or complaint.
Except for the licenses granted herein above, User has no right, title or interest in or to Application Provider's products, services, or content. Application Provider (or any licensors thereof) retains all proprietary right, title and interest, including without limitation any copyright, patents, and all other intellectual property rights, in and to Application Provider's products, services, and content.
All content of Application Provider including but not limited to design, text, software, scripts, technical drawings, configurations, graphics, in-app icons, other files, multimedia data, and related selection, organization and arrangement ("Content") are copyright material owned by Application Provider and its applicable suppliers, affiliates, or licensors. User is prohibited from reproducing, modifying, creating derivative works from, displaying, performing, publishing, distributing, disseminating, broadcasting or circulating to any third party any Content without the express prior written approval of Application Provider.
Application Provider's brands and logos, including without limitation the DeeMe brand and logo, are trademarks or service marks of Application Provider, and accordingly may not be copied, imitated, or used in whole or in part by User without Application Provider's prior written authorization or the authorization of Application Provider's suppliers or licensors where applicable.
Application Provider expressly prohibits the use of DeeMe or related services for any illegal use or transmission of copyrighted materials, and may respond upon reasonable notification by content owners to disable unauthorized use and transmission of copyrighted materials in connection with any DeeMe Account. Individual User DeeMe Accounts may be disabled or terminated if these accounts are found to be illegally using or transferring copyrighted materials.
DeeMe may contain features and functionalities that provides User with certain functionality and access to third-party content, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. However, Application Provider is not responsible for any third-party content User chooses to access using or with its DeeMe Account.
Application Provider has not reviewed, and cannot review or control, all of the materials, including computer software or other goods or services, made available on or through third-party websites. Accordingly, Application Provider does not represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites. Application Provider disclaims, and User agrees to assume, all responsibility and liability for any damages or other harm, whether to User or to third parties, resulting from User's use of third-party content.
User's transactions using its DeeMe Account are between User and its transacting parties only, and not the responsibility of Application Provider. Application Provider is neither an agent of any transacting party, nor a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between User and the applicable third party. User hereby irrevocably waives any claim against Application Provider with respect to any third-party content and sites and any transactions User chooses to engage in with a third-party using or by User's DeeMe Account.
Application Provider provides DeeMe and DeeMe Account "as is," "with all faults" and "as available." The entire risk as to satisfactory quality, performance, accuracy, and effort is with User. To the maximum extent permitted by applicable law, Application Provider, and its affiliates, resellers, distributors, service providers and/or suppliers make no representations, warranties or conditions, express or implied, and further disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement; (2) warranties or conditions arising through the course of dealing or usage of trade; and (3) warranties or conditions that access to or use of any related websites and services will be uninterrupted or error-free. To the extent relevant jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, some of the above exclusions may not apply to User.
To the maximum extent permitted by law, in no event shall Application Provider be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this Agreement or User's access to and use of DeeMe, even if Application Provider or its affiliates, contractors, agents, and suppliers, have been advised of the possibility of such damages.
Specifically and without limitation, further to the disclaimers and limitations of liabilities set forth herein above, Application Provider shall not be responsible or liable for user submissions or the defamatory, offensive, or illegal conduct of any third party; errors, mistakes, or inaccuracies of any content; any unauthorized access to or use of Applicant Provider's secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from Application Provider's servers; any viruses, bugs, or other disabling features that may be transmitted to or through DeeMe by any third party; any incompatibility between DeeMe and other web sites, services, software and hardware User may be using; and, any delays or failures User may experience in initiating, conducting or completing any transmissions or transactions in connection with DeeMe and related services in an accurate or timely manner.
If User is dissatisfied with DeeMe or related services, if User disagrees with any part of this Agreement, or if User has any dispute or claim against Application Provider or its affiliates, contractors, agents, or suppliers, User's sole and exclusive remedy is to discontinue using DeeMe and terminate its DeeMe Account.
User agrees that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Application Provider and User. DeeMe, DeeMe Account and related services would not be provided without such limitations.
User agrees to indemnify, defend and hold harmless Application Provider, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers and suppliers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by User including any violations of any third-party right including without limitation any copyright, patent, trademark, trade secret, and privacy right. Application Provider reserves the right to assume, at its sole discretion, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with Application Provider in asserting any available defenses.
This Agreement shall be governed by and construed in accordance with the laws of California, excluding its conflicts-of-law principles. User's use of DeeMe may be subject to other local, state, national, and international laws. User expressly agrees that exclusive jurisdiction for any claim or dispute with Application Provider or relating in any way to User's use of DeeMe resides in the state and federal courts in California. User further agree and expressly consent to the exercise of personal jurisdiction in the above courts in connection with any such dispute, including any claims against or involving Application Provider or its affiliates, subsidiaries, employees, contractors, agents, officers, directors, shareholders, telecommunication providers, content providers, and suppliers.
If Application Provider, in its discretion, takes legal action against User in connection with any actual or suspected breach of this Agreement, Application Provider will be entitled to recover from User as part of such legal action, and User agrees to pay, Application Provider's reasonable costs and attorneys' fees incurred as a result of such legal action pursuant to applicable court orders. User expressly agrees that any claims that User may have against Application Provider under this Agreement shall only be brought against Application Provider, not its shareholders, directors, officers, employees, or agents.
Any claim related to this Agreement must be brought within one year from the date when the claim could first be filed; any claims shall be permanently barred beyond the one-year period. This limitation applies to User and its successors and to Application Provider and its successors and assignees.
The failure of Application Provider to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any such right or provision or related rights.
Application Provider reserves the right to limit the availability of DeeMe or any part thereof to any person, geographic area, or jurisdiction, at any time and in the sole discretion of Application Provider.
User may notify Application Provider by email at email@example.com.
Application Provider may assign this Agreement in compliance with applicable laws to another party, in whole or in part, at any time with or without notice to User. User may not assign or otherwise transfer any rights and licenses granted under this Agreement.