By continuing, the User acknowledges and accepts that the use of the Website, the Application and the Services is at the User’s own risk and under the User’s responsibility and therefore Duovocal does not accept any responsibility for the misuse or use in breach of these Terms.
Authorized Use Of The Website
The User is only authorized to use the Services if he/she is an individual and wholly in accordance with the Terms. The User agrees to use the Services in good faith and for personal use only. Using the Services for any purpose other than personal use, such as, commercial, business, or use with a view to make profit is not authorized.
The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to take part in any conduct or action that could damage the image, interests or rights of Duovocal or third parties.
The User accepts that they will not interfere with the functioning of the Website, the Application or in the Services and in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website, the Application or the Services, which may detrimentally impact the security of the Website, the Application or the Services or which may in any way interfere with the Services offered by Duovocal. It is strictly prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website, the Application or the Services in anyway which would be considered contrary to the ordinary and personal use of the Website without the expressed written prior authorization from Duovocal. Likewise, it is prohibited to obtain or attempting to obtain the contents of the Website or the Application (including User Content, as this term is defined below) using any method or system not expressly authorized by Duovocal or which is not the ordinary method of accessing the Website.
It is wholly the User’s responsibility to ensure prior to using the Services that the features of the Services meet the User’s needs.
For purposes of these Terms of Service, the term “Content” includes, without limitation or restriction, information, data, text, written posts, reviews, and comments, software, scripts, graphics, video, and interactive features generated, provided, or otherwise made accessible on or through the Services.
By means of the Services allow, Users may:
(i)Create, store, share, publish, reproduce, modify (including synchronization with other contents), update or otherwise make available contents (“User Content”).
(ii)Access to contents published by other Users by only the means intended through normal use.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
By submitting any User Content to the Website, excluding privately transmitted User Content, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive, perpetual license to access any of your User Content that is available to such user on the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. By submitting any User Content to the Services other than on the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such User Content solely for the purpose of providing the Services. For clarity, the foregoing licenses granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Rules of Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service, outlined as follows.
Violation of Copyright, Trademark, Patent or Trade Secret
Subscribers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) (as required under 17 U.S.C. §512) and all other applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties Duovocal will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a User/Contributior of Duovocal is violating its intellectual property rights, it should notify us by email at [email protected] A notification should include information reasonably sufficient to permit Duovocal to locate the allegedly infringing material, URL, Title, Artist, Copyright Owner, exact portion of infringing material as well as the specific online location where the alleged infringement is occurring.
Invasion of Privacy, Defamation, or Harassment
Subscribers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libellous statements, or to harass or embarrass, which shall be determined in Duovocal’s sole and absolute discretion.
The User agrees to provide the mandatory information that is required for registration and also acknowledges that such information is accurate, complete and up to date. The User is responsible of keeping such information updated. Should the User provide false, outdated or incomplete information, or should Duovocal have any reason to suspect that, Duovocal reserves the right to suspend or cancel the User’s account.
The User must protect and keep confidential the account password without disclosing it to third parties. The User must not allow other Users access through the User’s account nor use the account of another User.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account he should immediately notify Duovocal.
Modification Or Termination Of Services
Duovocal may, at any time, without incurring any liability, changes the content of the Website, Application or Services, interrupt the Services, all or in part, and any functionality or deactivate or delete all or some of the accounts, with more limitations than those established by the applicable laws related to the obligation to keep records about certain transactions during the relevant legal time.
Advertising In Website
The contents, offers and promotions of third parties that are displayed in the Website or in the Application will be sole responsibility of advertising service provider. DuoVocal will neither monitor or audit this content, and therefore accepts no liability for the images, text, messages contained therein.
Limitation of Liability
UNLAWFUL CONTENT OR DATA. IN NO EVENT SHALL DUOVOCAL, OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF DIGITALOCEAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.