We recommend that you save a copy of this Agreement for your records. You may receive a copy of this Agreement by emailing Us at:firstname.lastname@example.org, Subject: Termsand Conditions.
AGE RESTRICTIONS AND SAFETY. THE DEPICTR APP is AVAILABLE ONLY FOR ADULTS (INDIVIDUALS AGED 18 YEARS OR OLDER).
NO USE BY UNDERAGE PERSONS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE THE DEPICTR APP.
YOU MUST BE A LEGAL ADULT. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
SAFETY. DEPICTR IS NOT RESPONSIBLE FOR YOUR USE OF THE DEPICTR APP OR FOR THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE CONTACT. DEPICTR DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS USERS. DEPICTR DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS’ HEALTH, PHYSICAL CONDITION, OR OTHERWISE. DEPICTR LTD IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL ADVERSE CONSEQUENCES.
WARNING: IMPORTANT DISCLAIMER ABOUT LOCATION DATA. THE DEPICTR APP IS INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE DEPICTR APP COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. DEPICTR IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.
Use Outside the United Kingdom. The DEPICTR APP is controlled and offered by Depictr Ltd from the United Kingdom and, regardless of Your place of residence, Your use of them is governed by the law of theUnited Kingdom. Depictr makes no representations that the DEPICTR APP is appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the DEPICTR APP from other locations do so at their own risk and are responsible for compliance with local law. You consent to the transfer and processing of Your data in the United Kingdom and any other jurisdiction throughout the world.
English Language. Depictr may provide translations of this Agreement and local-language versions of the DEPICTR APP for the convenience and enjoyment of its international users. This Agreement was written in English and to the extent the translated version of this Agreement is inconsistent with the English version, the English version will control. Similarly, Depictr reserves the right to correct translation errors and similar issues occasioned by the offering of local language versions of this Agreement and the DEPICTR APP.
YOUR ACCOUNT REGISTRATION AND YOUR ACCOUNT USE.
If You create an account on any of the DEPICTR APP (a “User Account”) and submit information to Us, You must ensure that such information is accurate. You must promptly update such information if it changes.
You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to Your User Account or Your username without Our written permission. You will not share or otherwise transfer Your User Account or credentials.
You are entirely responsible for maintaining the confidentiality of Your password and account. You are entirely responsible for any and all activities that occur under Your account. You agree to notify Depictr immediately of any unauthorized use of Your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Depictr or a third party due to someone else using Your account, regardless of whether they are authorized.
Depictr has no obligation to retain a record of Your account or any data or information that You may have stored for Your convenience by means of Your account or the DEPICTR APP. The DEPICTR APP is not intended for data storage. You are solely responsible for backing up your data (e.g., separately saving the contact information of individuals you meet through the DEPICTR APP).
We reserve the right, at Our discretion, to modify, add, or discontinue the DEPICTR APP or any portion thereof, at any time, for any reason, and without notice or liability to You. We reserve the right at any time to charge fees for access to all or portions of the DEPICTR APP and change any such pricing at any time.
The DEPICTR APP is owned and operated by Depictr Ltd. The DEPICTR APP, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile device applications, and all other elements of the DEPICTR APP (collectively, the “Materials”) are protected by United Kingdom copyright,patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the DEPICTR APP is the property of Depictr Ltd or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the DEPICTR APP is proprietary to Depictr Ltd or its affiliates and/or third-party licensors. Except as expressly authorized by Depictr Ltd under this Agreement, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
We have a zero-tolerance policy for discrimination, harassment, and abusive behavior. Anyone found bullying, threatening, or defaming another user will be banned.
We will remove any discriminatory statements displayed on profiles.
If you see someone breaking the rules or upsetting or offending you without necessarily violating our guidelines, please block them with the button found in the upper right corner of their profile. This will prevent you and the other user from seeing each other or having future contact and in addition, it will alow us to investigate any policy rules and to take the appropriate action.
In the interest of safety, Depictr Ltd will also remove any sensitive personal information displayed publicly, such as phone numbers and addresses. Profiles displaying this information may also be banned.
All profile photos uploaded to the DEPICTR APP will be moderated by Depictr Ltd before being displayed on the DEPICTR APP.
You will be required to follow the guidelines for photo usage within the DEPICTR APP:
Profiles advertising sexual services (including escort or massage services) will be banned.
Photos and/or mentions of violence and weapons will be removed.
WE MAY DELETE YOUR SUBMISSIONS AND WE MAY BAN YOUR ACCOUNT. Depictr Ltd can request that You delete, or Depictr Ltd may delete, any User Content (as defined below) at any time for any reason, or no reason whatsoever. Any violation of the Guidelines or this Agreement by Your User Content, as determined by Depictr Ltd, may result in Your User Account being banned and may lead to the termination of Your access to the DEPICTR APP.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES LISTED BELOW:
You will NOT use the DEPICTR APP or any information displayed within the DEPICTR APP to “stalk,” harass, abuse, defame, threaten or defraud other Users; violate the privacy or other rights of Users; or collect, attempt to collect, store, or disclose without permission the location or personal information about other Users;
You will NOT include offensive or pornographic materials, or materials that are harmful in Your DEPICTR APP personal profile page;
You will NOT use the DEPICTR APP for any commercial or non-private use, such as the sale or advertisement of goods or services, and You understand that the DEPICTR APP is for personal, non-commercial use only in the manner and for the purposes that We intend;
You will NOT use the DEPICTR APP for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control;
You will NOT include material on Your personal profile page which contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his or her express permission;
You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other Users of the DEPICTR APP. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Depictr User Accounts of other Users;
You will NOT misrepresent the source, identity or content of information transmitted via the DEPICTR APP;
You will NOT display the Depictr application or profile data on any external display or monitor or in any public setting;
You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of the DEPICTR APP, features that prevent or restrict use or copying of any content accessible through the DEPICTR APP, or features that enforce limitations on use of the DEPICTR APP;
You will NOT intentionally interfere with or damage operation of the DEPICTR APP or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
You will NOT post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person;
You will NOT use the DEPICTR APP with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
You will NOT use the DEPICTR APP in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the DEPICTR APP could lead to death, personal injury, or physical or property damage;
You will NOT attempt to gain unauthorized access to the DEPICTR APP, or any part of it, other accounts, computer systems or networks connected to the DEPICTR APP, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the DEPICTR APP or any activities conducted on the Depictr Service;
You will NOT probe, scan, or test the vulnerability of the DEPICTR APP or any system or network; use any robot, spider, scraper or other automated means to access the DEPICTR APP for any purpose without Our express written permission; bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the DEPICTR APP; modify the DEPICTR APP in any manner or form; use or develop any application that interacts with the DEPICTR APP or provides access to other Users’ content or information without Our written permission; or use modified versions of the DEPICTR APP, including for the purpose of obtaining unauthorized access to the DEPICTR APP; and
You will NOT interfere with anyone’s ability to use or enjoy the DEPICTR APP, or aid or encourage any activity prohibited by this Agreement.
DEPICTR LTD RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY USER’S USE OF THE DEPICTR APP, INCLUDING A USER’S REGISTRATION OR MESSAGING, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, DEPICTR ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE DEPICTR APP, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE OR OUR BEING LIABLE TO YOU.
You alone are responsible for Your involvement with other Users. You agree that Depictr Ltd will not be responsible for any loss or damage incurred as the result of any such interactions. Depictr Ltd reserves the right, but has no obligation, to monitor disagreements between You and other Users.
Depictr Ltd does not control the content of User Accounts and profiles. Depictr Ltd has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that You are solely responsible for all content and material that You provide to the DEPICTR APP.
OUR REFUSAL OR SUSPENSION OF YOUR SERVICE.
You may terminate Your Account at any time for any reason, by following the instructions given in the DEPICTR APP. Upon the cancellation of Your account, this Agreement will immediately terminate, except as provided in Section 25.4 below.
DEPICTR LTD RESERVES THE RIGHT TO REFUSE OR SUSPEND ACCESS TO ANY USER, FOR ANY REASON OR NO REASON, AND WITHOUT ANY NOTICE.
Depictr Ltd may terminate any User Account You have with the DEPICTR APP or Your use of the DEPICTR APP or any portion thereof, if Depictr Ltd believes that you have breached this Agreement, or for any other reason, in its sole discretion. Depictr Ltd may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. You agree that any termination of Your access to the DEPICTR APP or any User Account You may have or portion thereof may be effected without prior notice, and You agree that Depictr will not be liable to You or any third party for any such termination. For example, We may deactivate Your User Account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all Your User Content from the DEPICTR APP upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the DEPICTR APP may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Depictr Ltd may have at law or in equity.
If You believe that Depictr Ltd has suspended or terminated Your User Account in error, You may contact Us at email@example.com at any time.
The DEPICTR APP allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by You and other Users to Depictr Ltd and other Users (“User Content”), and the hosting, sharing and/or publishing of such User Content with Depictr Ltd and other Users.
You are solely responsible for Your own User Content and the consequences of posting or publishing them. In connection with User Content, You affirm, represent, and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Depictr Ltd to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the DEPICTR APP and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the DEPICTR APP and this Agreement. For clarity, You shall retain all of Your ownership rights in Your User Content.
You understand that when using the DEPICTR APP, You will be exposed to User Contents from a variety of sources, and that Depictr is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable.
Depictr Ltd assumes no responsibility whatsoever in connection with or arising from User Content. Depictr Ltd assumes no responsibility for actively monitoring User Content for inappropriate content. If at any time Depictr Ltd chooses, in its sole discretion, to monitor User Content, Depictr Ltd nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content. Further, Depictr Ltd does not endorse and has no control over the content of User Content submitted by other Users. Depictr Ltd makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. Nonetheless, Depictr Ltd reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time.
User Content is owned by the User who submitted them, subject to Depictr’s Ltd license to such User Content under this Agreement. You may not share, display or duplicate the User Content of any other party, except as permitted under this Agreement.
If You provide Depictr Ltd with any feedback or suggestions regarding the DEPICTR APP (“Feedback”), You hereby assign to Depictr Ltd all rights in the Feedback and agree that Depictr Ltd shall have the right to use such Feedback and related information in any manner it deems appropriate. Depictr Ltd will treat any Feedback You provide to Depictr Ltd as non-confidential and non-proprietary to You. Depictr Ltd will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit to Depictr Ltd any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the DEPICTR APP is solely between You and such advertiser. You agree that Depictr Ltd will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the DEPICTR APP.
Parties other than Depictr Ltd may provide services or sell products via the DEPICTR APP. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Depictr Ltd does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the third parties’ privacy statements and other terms and conditions of use.
By Your use of third-party applications that connect with the DEPICTR APP (“Third-Party Applications”), You acknowledge and agree that Depictr Ltd may transmit User Content to Third-Party Websites or Third-Party Applications through application protocol interfaces developed and maintained by those Third-Party Websites or Third-Party Applications. Depictr Ltd is not responsible for the transmission of the User Content from the DEPICTR APP to Third-Party Websites or Third-Party Applications, nor the use of the User Content on any Third-Party Websites or Third-Party Applications. You should review the terms of service and privacy policies of any Third-Party Websites or Third-Party Applications. Depictr Ltd is not responsible for and does not endorse any features, content, or other materials on or available from Third-Party Sites or Third-Party Applications. Depictr Ltd also does not screen, audit, or endorse Third-Party Sites or Third-Party Applications. Accordingly, if You decide to access Third-Party Sites or Third-Party Applications, You do so at Your own risk and agree that Your use of any Third-Party Sites or Third-Party Applications is on an “as-is” basis without any warranty as to the Third-Party Sites or Third-Party Applications’ actions, and that this Agreement does not apply to Your use of any Third-Party Sites or Third-Party Applications.
You acknowledge and agree that Depictr Ltd may incorporate Your User Content and location information for User Accounts from the DEPICTR APP with third-party information sources and third-party applications in the provisioning of the DEPICTR APP.
ADVERTISING. Depictr Ltd may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You.
END USER LICENSES.
To use the DEPICTR APP You must have a mobile device that is compatible with the DEPICTR APP. Depictr Ltd does not warrant that the DEPICTR APP will be compatible with Your mobile device. You are responsible for any mobile charges that You may incur for using the DEPICTR APP, including text-messaging, roaming charges, and data charges. If You are unsure about the charges that will apply, please contact Your mobile service provider before using the DEPICTR APP.
Subject to Your compliance with the terms of this Agreement, Depictr Ltd hereby grants You a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the DEPICTR APP for Your Account on a mobile device owned or leased solely by You, for Your personal, noncommercial use.
You may NOT: (i) modify, disassemble, decompile or reverse engineer the DEPICTR APP, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the DEPICTR APP to any third party or use the DEPICTR APP to provide time sharing or similar services for any third party; (iii) make any copies of the DEPICTR APP; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the DEPICTR APP, features that prevent or restrict use or copying of any content accessible through the DEPICTR APP, or features that enforce limitations on use of the DEPICTR APP; or (v) delete the copyright and other proprietary rights notices on the DEPICTR APP.
You acknowledge that Depictr Ltd may from time to time issue upgraded versions of the DEPICTR APP, and may automatically electronically upgrade the version of the DEPICTR APP that You are using on Your mobile device or otherwise. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Depictr Ltd will not be liable to You for any such modifications.
With respect to any open source or third-party code that may be incorporated in the DEPICTR APP, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits Your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for such open source software. Please contact us at firstname.lastname@example.org(with “Open Source” in the email subject line) for more information.
The foregoing license granted under this Agreement is not a sale of the DEPICTR APP or any copy thereof and Depictr or its third-party partners or suppliers retain all right, title, and interest in the DEPICTR APP (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Depictr reserves all rights not expressly granted under this Agreement.
The names and logos associated with the DEPICTR APP is the property of Depictr Ltd. No use of these marks is permitted except through the prior written authorization and permission of Depict Ltdr. All rights reserved.
The DEPICTR APP originate in the United Kingdom and are subject to United Kingdom export laws and regulations. The DEPICTR APP may not be exported or re-exported by You to certain countries or those persons or entities prohibited from receiving exports from the United Kingdom. In addition, the DEPICTR APP may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the DEPICTR APP.
You acknowledge and agree that the availability of the DEPICTR APP is dependent on the third party from which You received the DEPICTR APP, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between You and Depictr Ltd and not with the App Store. Each App Store may have its own terms and conditions to which You must agree before downloading the DEPICTR APP from it. You agree to comply with, and Your license to use the DEPICTR APP is conditioned upon Your compliance with, all applicable terms and conditions of the applicable App Store.
OUR DISCLAIMERS; NO WARRANTIES TO YOU.
THE DEPICTR APP AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DEPICTR APP is PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. DEPICTR, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
DEPICTR LTD AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DEPICTR APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DEPICTR APP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DEPICTR LTD AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER DEPICTR APP IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DEPICTR OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE DEPICTR APP. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DEPICTR APP AT YOUR OWN DISCRETION AND RISK.
CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOUR INDEMNIFICATION OF US; You agree to indemnify, defend, and hold Depictr Ltd (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) Your use or misuse of any location information or the other DEPICTR APP generally, (b) any violation of the rights of any other person or entity by You, (c)any alleged breach or violation by You of this Agreement, or (d) Your use of the DEPICTR APP to meet another User in person or to locate and attend any offline place or event. Depictr Ltd reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the DEPICTR APP.
LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL DEPICTR LTD (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 18, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE DEPICTR APP; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE DEPICTR APP; (D) THE DEPICTR APP GENERALLY OR SYSTEMS THAT MAKE THE DEPICTR APP AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH DEPICTR LTD OR ANY OTHER USER OF THE DEPICTR APP, EVEN IF DEPICTR LTD OR A DEPICTR LTD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL DEPICTR LTD (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE DEPICTR APP (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE DEPICTR APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER. THIS SECTION 18.2 IS NOT INTENDED TO EXCLUDE LIABILITY THAT DEPICTR LTD MAY NOT EXCLUDE UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH DEPICTR LTD. YOU ACKNOWLEDGE AND AGREE THAT DEPICTRLTD HAS OFFERED THE DEPICTR APP, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DEPICTR LTD, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DEPICTR LTD. DEPICTR LTD WOULD NOT BE ABLE TO PROVIDE THE DEPICTR APP TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Content provided by, other DEPICTR APP Users or (2) any third-party site, products, services, and links included on or accessed through the DEPICTR APP.
You and Depictr Ltd agree that any dispute that has arisen or may arise between us relating in any way to Your use of or access to the DEPICTR APP, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Depictr Ltd in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section.
If You have any dispute with Us, You and We agree that before taking any formal action, You will contact Us at email@example.com, provide a brief, written description of the dispute and Your contact information (including Your email address associated with Your User Account, if Your dispute relates to an account) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with You.
You and We agree that United Kingdom law will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the DEPICTR APP.
NOTICE AND TAKEDOWN POLICY.
Depictr Ltd respects intellectual property rights and expects its Users to do the same. Depictr Ltd will promptly terminate without notice the accounts of Users that are determined by Depictr to be “repeat infringers.” A repeat infringer is a User who has been notified by Depictr Ltd of infringing activity violations more than twice and/or who has had a User Content removed from the DEPICTR APP more than twice. (Note that we reserve the right to terminate accounts for a single infringement as well)