Deepblu Terms and Conditions
Deepblu Terms and Conditions
4. Account Registration and Security
1. You are required to become a registered user for accessing Deepblu Products and Services. During the registration process you will be required to provide certain personal information and establish a user account and a password. By registering or by accessing Deepblu Products and Services, you are deemed to agree to: (a) provide accurate, current and complete information about you and promptly update such information thereafter to keep it accurate, current and complete; (b) maintain the security of your identification; and (c) accept all risks arising out of inaccurate, outdated or incomplete of information.
2. Deepblu reserves the right, in its sole discretion, (a) to refuse to provide Deepblu Services to any individual; and (b) to suspend or terminate your user account and remove the Content (as defined in Section 6.3 herein) submitted under the user account without prior notice and at our sole discretion if (i) any information provided during the registration process or later is inaccurate, not current or incomplete; (ii) activities or actions under your user account is alleged to be infringing our Member Conduct set forth in Article 6 herein; or (iii) Content submitted by you is alleged to be infringing the copyright of other people or otherwise illegal.
3. You shall not share your user account or password with any other third party, and you shall take reasonable measures to and due care in keeping your user account and password confidential and preventing your user account and password from being used by any other third party. You agree to take sole responsibility for any activities or actions under your user account, whether or not you have authorized such activities or actions. You will immediately notify Deepblu of any unauthorized use of your user account.
5. Ownership; Grant; Restrictions On Grant
1. You acknowledge and agree that Deepblu hereby grants you a non-transferable and non-exclusive license to use Deepblu Products and Services solely for your personal and non-commercial purposes and that Deepblu retains ownership of all right, title and interest to Deepblu Products and Services, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights, trademarks and trade secret rights) subject to the license granted in this Article 5.
A) copy, imitate, develop or reproduce Deepblu Products and Services, including without limitation the model, design, interface, appearance and layout;
B) create any derivative works of any Deepblu Products and Services, including without limitation the model, design, interface, appearance and layout;
C) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any part of Deepblu Products and Services;
D) disseminate malicious software, programs, virus, worm or in other manner that destroys or crash Deepblu Products and Services;
E) distribute, transfer, sell, rent, lease, sublicense, or grant your user account of Deepblu Products and Services to any other third party;
F) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in Deepblu Products and Services;
G) use, access or tamper with non-public areas of Deepblu Products and Services, Deepblu’s computer systems, or the technical delivery systems of Deepblu’s providers;
H) probe, scan, or test the vulnerability of any Deepblu system or network or breach or circumvent any security or authentication measures;
I) access or search Deepblu Products and Services or download Content from Deepblu Products and Services by any means (automated or otherwise) other than through the currently available interfaces that are provided by Deepblu (and only pursuant to those terms and conditions) or other generally available third party web browsers;
J) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Deepblu Products and Services to send altered, deceptive or false source-identifying information;
K) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Deepblu or any of Deepblu’s providers or any other third party (including another user) to protect Deepblu Products and Services or Content; or
L) interfere with or disrupt (or attempt to do so) the operation of Deepblu Products and Services, the access of any user, host or network by any means or interfere with or create an undue burden on the Deepblu Products and Services.
6. Member Conduct
You agree not to use the Deepblu Products and Services to:
1) upload, post, transmit, distribute or otherwise make available any Content that is illegal, offensive, threatening, abusive, harassing, pornographic, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
2) promote discrimination, racism, hatred, harassment or harm against any person or group;
3) impersonate any other third party or falsely state or otherwise misrepresent your affiliation with any other third party;
4) upload, post, transmit, distribute or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5) upload, post, transmit, distribute or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other third party;
6) upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes, or any other form of solicitation;
7) upload, post, transmit, disseminate or otherwise make available any material that contains software viruses, malicious software, programs, worm or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8) disobey, violate or ignore any code of conducts, requirements, procedures, policies or regulations of Deepblu Products and Services to the extent applicable to you;
9) intentionally or unintentionally violate or encourage any conduct that would violate any applicable local, state, national or international law;
10) promote, encourage or engage in terrorism violence or financial contribution to terrorist;
11) stalk or otherwise harass other users of Deepblu Products and Services;
12) collect or store personal data about other users of Deepblu Products and Services without their prior express consent or permission; and
13) encourage, enable or assist any other third party to do any of the foregoing.
7. Submitted Content
1. Deepblu may, in its sole discretion, permit you to submit, upload, post, transmit, distribute or otherwise make available Content on or through Deepblu Products and Services or in response to or in connection with Content previously provided via Deepblu Products and Services. By making available any Content through Deepblu Products and Services by any means, you hereby grant to Deepblu a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content on and through third party distribution channels selected by, but not affiliated with, Deepblu, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You also grant Deepblu the right to sublicense these rights to any third party for distribution via any third party distribution channels, which may include viral distribution of your Content. You agree that neither Deepblu nor any third party distribution channels have any obligation to provide any compensation to you for your Content or the licenses granted herein. You understand that Deepblu does not guarantee any confidentiality with respect to Content you submit.
4. You understand that all Content, whether publicly posted or privately transmitted, directly through Deepblu Products and Services or through devices or services provided by any other third party, are the sole responsibility of the person from whom such Content originated. Therefore, you are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Deepblu Products and Services. Deepblu does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Deepblu Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Deepblu be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Deepblu Products and Services. You further represent and warrant that:
B) neither Content nor your posting, uploading, publication, submission or transmittal of Content or Deepblu’s use of Content (or any portion thereof) on, through or by means of Deepblu Products and Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, or be under obligation of any compensation or reimbursement to anyone.
8. Copyright Policy
Deepblu will respond to notices of alleged copyright infringement that comply with applicable laws and are properly provided to us. You may notify Deepblu of copyright infringement on Deepblu Products and Services by providing notice by e-mail to email@example.com. Please provide the followings in your notice to Deepblu:
1. identification of the copyrighted work claimed to have been infringed;
2. identification of Content that is alleged to be infringing. Please provide Deepblu with detail and sufficient information for Deepblu to locate the allegedly infringing Content on Deepblu Products and Services;
3. your contact information, including your full name, mailing address, telephone number, and email address, if available;
4. a statement by you that you have a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. the following statement: “I swear, under penalty of perjury and/or false accusation, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner.”; and
6. your signature
Please understand that Deepblu may cease handling the alleged copyright infringement if Deepblu finds out that the contact information is inaccurate, not valid or incomplete. In addition, Deepblu reserves the right to remove any Content alleged to be infringing or otherwise illegal without providing any prior notice to anyone at its sole discretion.
9. Idea, Proposal or Feedback
When you submit or make available Feedback to Deepblu, you grant Deepblu the following worldwide, non-exclusive, perpetual, irrevocable, royalty free rights:
1. to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, Feedback as part of any Deepblu product, technology, service, specification or other documentation;
2. to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of Feedback (and derivative works thereof) as part of any Deepblu Products and Services; and
3. to sublicense to any third party the foregoing rights, including the right to sublicense to further third party
For any Feedback you submit to Deepblu, you represent and warrant that:
1. you have the right to disclose such Feedback to Deepblu and that such disclosure does not violate the rights of any other person or party;
2. such Feedback does not contain confidential or proprietary information of any other third party;
3. Deepblu is not under any obligation of confidentiality, express or implied, with respect to Feedback;
4. Deepblu shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide;
5. such Feedback automatically become the exclusive property of Deepblu without any obligation of Deepblu to you; and
6. you are not entitled to any compensation or reimbursement of any kind from Deepblu under any circumstances.
You will indemnify and hold harmless Deepblu from and against any claims, losses, expenses and liabilities arising from breach by you of the foregoing representation and warranty.
If you experience or encounter any bugs, glitches, hitches or other problems on Deepblu Products and Services, please inform Deepblu immediately so that it can correct or improve accordingly. You can submit your requests and issues to firstname.lastname@example.org.
You agree that you will not post, disclose, reveal, or make available any fact, aspect, opinion, bugs, glitches, hitches or other problems derived from your beta testing of Deepblu Products and Services. You further agree that you will indemnify and hold harmless Deepblu from and against any claims, losses, expenses and liabilities arising from your breach of the foregoing confidentiality obligations.
10. Contributions in Forum
1. You understand and acknowledge that Deepblu Products and Services may contain online forum services, by which you and other users of Deepblu Products and Services may discuss, share experiences and information, raise questions and receive answers, and engage in communication (the “Forum”). All users of the Forum who provide experiences, information, answers, comments or any other form of communication on the Forum (“Contributors”) provide their experiences, information, answers, comments or any other form of communication on the Forum (the “Messages”) for informational purpose only. The Messages may be offensive, harmful, inaccurate, misleading, or inappropriate or may otherwise violate applicable law. Deepblu does not endorse or guarantee the completeness, accuracy, integrity or quality of the Messages and Deepblu does not monitor or control the Messages. The Messages created by Contributors are their sole creation and responsibility.
2. The Messages may contain medical, legal or other professional information (the “Professional Contributions”). The Professional Contributions posted by Contributors are not intended to be medical, legal or other professional advice, instructions, diagnosis, examination, opinion or treatment, and no physician-patient, attorney-client relationship or other professional-client relationship is, or is intended to be, formed or established by the Professional Contributions provided by Contributors. The Professional Contributions are not the substitute for medical, legal or other professional advice, instructions, diagnosis, examination, opinion or treatment. The Professional Contributions are provided for informational purposes only, with no assurance that such Professional Contributions are true, correct, or accurate. No action should be taken, delayed, or deferred based on the Professional Contributions. The Professional Contributions are not the substitute for solicitation to offer medical, legal or other professional advice.
3. DEEPBLU, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. IN NO EVENT SHALL DEEPBLU BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, OR LOST PROFITS) RESULTING FROM THE USE OF OR INABILITY TO USE THE FORUM OR THE MESSAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEEPBLU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEEPBLU IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE FORUM OR THE MESSAGES.
Deepblu Products and Services contain links to other websites and online resources that Deepblu does not own, control, authorize, endorse or sponsor and you understand that by using Deepblu Products and Services and accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate, misleading or otherwise inappropriate or that may otherwise violate applicable law. You acknowledge and agree that Deepblu is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement, ownership, control, authorization or sponsorship by Deepblu of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. By using Deepblu Products and Services, you expressly release Deepblu from any and all liability arising from your use of any third-party website or online resources. Accordingly, Deepblu encourages you to be aware when you leave Deepblu Products and Services and to review the terms and conditions, privacy policies, and other governing documents of each website that you may visit.
12. Disclaimer Of Warranty
DEEPBLU PRODUCTS AND SERVICES PROVIDED HEREUNDER MAY CONTAIN CERTAIN ISSUES THAT HAVE NOT BEEN IDENTIFIED. DEEPBLU PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. YOU ARE ADVISED TO USE DEEPBLU PRODUCTS AND SERVICES WITH CAUTION AND NOT TO RELY IN ANY WAY ON PERFORMANCE OF DEEPBLU PRODUCTS AND SERVICES AND ACCOMPANYING INSTRUCTIONS OR MATERIALS. DEEPBLU MAKES NO WARRANTY THAT DEEPBLU WILL CONTINUE TO OFFER OR MAKE AVAILABLE DEEPBLU PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE FOR ANY PARTICULAR LENGTH OF TIME AND DEEPBLU RESERVES THE RIGHT TO CHANGE AND UPDATE DEEPBLU PRODUCTS AND SERVICES AND ANY SOFTWARE WITHOUT NOTICE TO YOU. DEEPBLU MAKES NO WARRANTIES OF ANY KIND IN CONNECTION WITH DEEPBLU PRODUCTS AND SERVICES, OR MODIFICATIONS OR IMPROVEMENTS THERETO. DEEPBLU SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DEEPBLU OR THROUGH DEEPBLU PRODUCTS AND SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF DEEPBLU PRODUCTS AND SERVICES.
13. Limitation of Liability
15. General Provisions
2. Entire Agreement.
4. No Waiver.
6. Choice of Law and Forum.
16. Contacting Deepblu