DSMN8 TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU AND YOU WILL ENTER INTO AN AGREEMENT WITH US. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON.
WHO WE ARE AND WHAT THESE TERMS DO
We are DSMN8 LTD of One Portland Place, London, United Kingdom, W1B 1PN (company number 10023376) and we license you to use:
· DSMN8 mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
· The related online documentation (Documentation).
· The service you connect to via the App and the content we provide to you through it (Service).
as permitted in these terms.
Please be aware that, while we use reasonable endeavours to keep secure any message or information you send using the App or any Service, there is no guarantee that a transmission will be completely private.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
LinkedIn - https://www.linkedin.com/legal/user-agreement
Facebook - https://www.facebook.com/terms
Twitter - https://twitter.com/tos?lang=en
LinkedIn - https://www.linkedin.com/legal/privacy-policy
Facebook - https://www.facebook.com/full_data_use_policy
Twitter - https://twitter.com/privacy?lang=en
GOOGLE AND APPLE'S TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the rules and policies of Google Play Store and iTunes Store and those rules and policies will apply instead of these terms where there are differences between the two. Click below for those terms: · Google Play Terms of Service: https://play.google.com/about/play-terms.html · Apple Media Services Terms and Conditions: http://www.apple.com/legal/internet-services/itunes/uk/terms.html OPERATING SYSTEM REQUIREMENTS
The App requires a [TYPE OF MOBILE TELEPHONE OR HANDHELD DEVICE] device with a minimum of [AMOUNT OF MEMORY] of memory and the [TYPE OF OPERATING SYSTEM] operating system [VERSION OF OPERATING SYSTEM]. [INSERT OTHER REQUIREMENTS].
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.dsmn8.com/support.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected] or call them on [TELEPHONE NUMBER].
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
· download or stream a copy of the App onto [NUMBER AND DESCRIPTION OF MOBILE TELEPHONE OR HANDHELD DEVICES ONTO WHICH APP MAY BE DOWNLOADED OR STREAMED] and view, use and display the App and the Service on such devices for your personal purposes only. Due to the personal nature of the App, you may not share this App with any member of your family.
· use any Documentation to support your permitted use of the App and the Service.
· provided you comply with the Licence restrictions, make up to one copy of the App and the Documentation for back-up purposes; and
· receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
YOU MUST BE 18 OR OVER
You must be 18 or over to accept these terms and use the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above in the section called “How You May Use The App, Including How Many Devices You May Use It On”. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or to reflect any change in practice by any of the Social Media Accounts.
We will endeavour to give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it].
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you. WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
[Certain Services [including [NAME OF SERVICES]], will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on [LOCATION OF SETTINGS].]
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
In addition to the Social Media Accounts, the App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
· not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
· not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
· is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
· is not used to create any software that is substantially similar in its expression to the App;
· is kept secure; and
· is used only for the Permitted Objective;
· comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
· not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service[, including by the submission of any material] (to the extent that such use is not licensed by these terms);
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
· not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
· not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are not liable for business losses. The App is for commercial and business use only. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Limitations to the App and the Services. The App and the Services are provided for interaction in social media (including with the Social Media Accounts) and provide the tools to share information. They do not offer advice on which you should rely and, in particular, whether you should share or not share content via social media, nor whether any particular content is lawful or suitable. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the relevant appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
· You must stop all activities authorised by these terms, including your use of the App and any Services.
· You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
· We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to [NAME OF ADR ENTITY] via their website at [WEBSITE ADDRESS]. [[NAME OF ADR ENTITY] will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.] In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.