These Mobile Terms of Service (these “Mobile Terms”) were last updated on: August ___, 2018. When we say “our”, “us” or “we” in these Mobile Terms, we mean Dorsia.io, Inc. When we say “Services” or “Site” in these Terms, we mean websites operating under Dorsia, as well as those of our websites, applications, emails and other communications that link to or reference these Terms or the other services provided through any of these means.
Your use of the Services is subject to binding individual arbitration of any disputes which may arise, as provided below. Please read the arbitration provisions carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided below.
These Mobile Terms of Service set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand and agree to be legally bound by these Terms.
If you do not agree to these Mobile Terms, please do not use the Services.
Dorsia may, subject to the below, change these Mobile Terms from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or accessing of the Services following the posting of any changes to the Mobile Terms constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Mobile Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Mobile Terms being deemed illusory or unenforceable.
Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.
Our Site and Services are for your personal and non-commercial use. They contain material that is derived in whole or in part from material supplied and owned by Dorsia and other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by Dorsia, you agree that you will not use the Services, or duplicate, download, publish, modify or otherwise distribute or use any material in the Services for any purpose, except for your personal, non-commercial use. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make a derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.
If you establish a personal account with us, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. You agree to (a) immediately notify Dorsia of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Services. Access and use of password-protected and/or secure areas of the Services is restricted to users who have been given a valid password by Dorsia. We may terminate your membership and access to the Services if we learn that you have provided us with false or misleading registration data. If we feel your username and password are insecure or otherwise problematic, we may require you to change it or terminate your account.
To view our General Terms of Services, click here.
The following additional terms are only applicable to our mobile apps:
If you choose to use our mobile apps, you accept that the content displayed may be less than that of our regular website and the configuration of the content may be different.
You are responsible for your use of the Services and the Site, any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through the Services or the Site (including posts), usernames and passwords that you provide to the Services or the Site, including those usernames and passwords provided by you for access to various third party services (e.g., social networking and other accounts that you wish to link with your account on the Site).
It is a condition of your use of the Services that you do not:
Additionally, you agree that you will not use the Services to upload, post, or otherwise distribute or facilitate distribution of any material that:
Certain areas on the Services may allow you to provide us or others with photos and other images, commentaries, reviews, audio and video, "Feedback" (defined as suggestions, comments or other feedback you provide to us), posts, public or private messages or other content from you, including content created by you on other social media platform ("User Content"). You alone are responsible for your User Content, and once published, it cannot always be withdrawn. You assume all risks associated with your User Content, includinganyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your User Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content as described herein. You may not imply that your User Content is in any way sponsored or endorsed by Dorsia.
You may expose yourself to liability if, for example, your User Content contain material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. All User Content must comply with these Terms. Specific additional rules or terms may apply to the submission of User Content. In any event, any User Content you send to us will not be treated as confidential.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Dorsia or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Dorsia logo or other proprietary graphic of Dorsia to link to the Services without the express written permission of Dorsia. Further, you may not use, frame or utilize framing techniques to enclose any Dorsia trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Dorsia’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Dorsia or any third party.
Dorsia makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible via hyperlink or websites linking to the Services. Such sites are not under the control of Dorsia and Dorsia is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Dorsia and our users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Dorsia of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern, and the policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
Dorsia respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the "Act") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Dorsia, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Dorsia to locate the material on the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Dorsia a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Services should be sent to:
Dorsia Legal Department
by email: [email]
Dorsia suggests that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.
Dorsia owns all right, title and interest in and to the Services and all materials and content contained in the Services, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited.
Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Services solely for personal use. Any other use of materials on the Services, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Dorsia is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of Dorsia.
Dorsia's service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by Dorsia, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dorsia.
The Services and the Site is not designed or intended for use by children under 13, and thus all users must be at least 13. If you are under 18, you should use Dorsia only with involvement and permission of a parent or guardian. Some of our Services or portions of the Site, including UltraViolet-enabled features, may require you to be over the age of 18 or the age of majority for your state; please see the terms and conditions of the relevant offer for more details.
While Dorsia uses reasonable efforts to include up to date information on the Site and other Services, Dorsia makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
DORSIA PROVIDES THE SITE AND OTHER SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DORSIA, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE "DORSIA PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DORSIA DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR RISK.
NONE OF THE DORSIA PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF DORSIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE DORSIA PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, DORSIA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SITE OR OTHER SERVICE BY YOU OR ANY THIRD PARTY.
IN NO EVENT WILL THE DORSIA PARTIES' AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO DORSIA IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, DORSIA'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.
THE THIRD-PARTY WEB SITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY DORSIA. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES ("THIRD PARTY TOOLS") THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, DORSIA MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEB SITES OR THIRD PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD SERVICES OR WEB SITES OR THIRD PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEB SITES OR THIRD PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY SERVICE OR WEB SITE, OR INCLUSION OF A THIRD PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY DORSIA. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY WEB SITES OR SERVICES OR THIRD PARTY TOOLS.
You will indemnify and hold harmless the Dorsia Parties, and at Dorsia's option defend the Dorsia Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Dorsia Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Dorsia Parties, Dorsia may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Dorsia.
In its sole and absolute discretion, with or without notice to you, Dorsia may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification, (ii) permitting another person or entity to use your user identification to access the Services, (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services, or (vi) failure to use the Services on a regular basis. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. You may terminate your account for any reason by [ ]. Dorsia shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Dorsia may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Dorsia.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DORSIA AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Dorsia agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and Dorsia are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and Dorsia agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in New York, New York and that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS.
You and Dorsia also agree that the state or federal courts in New York, New York have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND DORSIA WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.