Hey tribe! Welcome to Depalo’s User Agreement (“Agreement”). We’ve implemented rules that we expect our users to follow so we can protect all of our hard work. This is a contract between you and Depalo LLC and we want you to know yours and our rights before you use the Depalo mobile application (“App”). Please take a few moments to read this Agreement before enjoying the App, because once you access, view or use the App, you are going to be legally bound by this Agreement!
1. Depalo Rules
Before you can use our awesome App, you will need to register for an account (“Account”).
You’ll have great fun on Depalo, but if you feel the need to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from the App. We will save your profile information in case you realise you miss us and you decide to restore your Account (which you can do within 30 days of de-activating your Account). Depalo LLC reserves the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the greement (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
You may not access, tamper with, or use non-public areas of the App or our systems.
2. Types of Content
There are three types of content that you will be able to access on the App:
1. content that you upload and provide (“Your Content”);
2. content that members provide (“Member Content”); and
3. content that Depalo provide (“Our Content”).
We want our users to comment on locations, but we have to impose restrictions on certain content which:
contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or
annoy any other person;
is obscene, violent or otherwise may offend human dignity;
is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism,
hatred or bigotry;
encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the
submission of which in itself constitutes committing a criminal offence;
is defamatory or libellous;
relates to commercial activities (including, without limitation, sales, competitions and advertising,
links to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;
contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code
designed to interrupt, damage or limit the functionality of or disrupt any software, hardware,
telecommunications, networks, servers or other equipment, Trojan horse or any other material
designed to damage, interfere with, wrongly intercept or expropriate any data or personal information
whether from Depalo or otherwise;
itself, or the posting of which, infringes any third party’s rights (including, without limitation,
intellectual property rights and privacy rights);
shows another person which was created or distributed without that person’s consent.
Depalo operates a zero-tolerance policy for this kind of content.
If you do choose to reveal any personal information about yourself to other users, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Depalo Users). By uploading Your Content on Depalo, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you.
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Other members of Depalo will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users’ Member Content, nor will you be able to visit another user’s profile. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.
You may be wondering what happens to the rest of the Content on Depalo. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Depalo are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We reserve all rights to Our Content.
3. Restrictions on the App
You agree to:
comply with all applicable laws, including without limitation, privacy laws, intellectual property laws,
anti-spam laws, equal opportunity laws and regulatory requirements;
use the services in a professional manner.
You agree that you will not:
act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
misrepresent your identity, your current or previous positions, qualifications or affiliations with a
person or entity;
disclose information that you do not have the consent to disclose;
create or operate a pyramid scheme, fraud or other similar practice.
You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or
5. Push Notifications; Location-Based Features
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Depalo services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your
notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at email@example.com.
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. DEPALO LLC IS NOT RESPONSIBLE FOR THECONDUCT OF ANY USER. DEPALO LLC DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR
CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
All the actions you make and information you post on Depalo remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
1. any negligent acts, omissions or wilful misconduct by you;
2. your access to and use of the App;
3. the uploading or submission of Content to the App by you;
4. any breach of these Terms by you; and/or
5. your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defence of any relevant claim.
8. Third Party App Store
The following additional terms and conditions apply to you if you download the App from a Third Party Store.
To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
1. These Terms are concluded solely between you and Depalo LLC and not with the providers of the Third Party Store, and Depalo LLC. (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store
from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
2. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support
services with respect to the App. Depalo LLC is solely responsible for any product warranties,
whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store
provider will have no warranty obligation whatsoever with respect to the App, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty
will be the sole responsibility of Depalo LLC.
3. Depalo LLC, not the Third Party Store provider, is responsible for addressing any claims you or any
third party may have relating to the App or your possession and/or use of the App, including, but not
limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable
legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation;
and/or (iv) intellectual property infringement claims.
4. The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement,
and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained
the App will have the right (and will be deemed to have accepted the right) to enforce these Terms
against you as a third party beneficiary thereof.
These Terms, which we may amend from time to time, constitute the entire agreement between you and Depalo LLC. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.Depalo LLC has taken reasonable steps to ensure the availability, correctness and completeness of the information contained on Depalo and provides that information on an “as is”, “as available” basis. Depalo LLC does not give or make any warranty or representation of any kind about the information contained on Depalo, whether express or implied. Use of Depalo and the materials available on it is at your sole risk. Depalo can not be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.
You accept that Depalo will not be provided uninterrupted or error free, that defects may not be corrected or that Depalo LLC, or the server that makes it available, are free of viruses or bugs, spyware or any similar malicious software. Depalo LLC is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
As Depalo evolves, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of Depalo following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Depalo immediately.
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
By using the App, you agree and acknowledge that Depalo is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by making use of the applications available on Depalo, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that
we are not responsible or liable for:
1. the availability or accuracy of such websites or resources; or
2. the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
10. About Us
Your access to the App, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of the State of Kansas, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Kansas. By using the App, you are consenting to the exclusive jurisdiction of the courts of the United States and the State of Kansas. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
Depalo LLC is registered in the United States under company number 9005828.
The Terms were last updated on: 13 March 2019.