USE OF DEALO MOBILE APPLICATION You agree, undertake and confirm that your use of Dealo shall be strictly governed by the following binding principles. Everdrobe Media provides the Mobile Application and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Mobile Application. Any other use of the Mobile Application or the Materials is rigorously prohibited. You may not, either directly or indirectly:
INTELLECTUAL PROPERTY INFRINGEMENT POLICY It is the policy of Dealo to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Everdrobe Media sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, send the following information below in its entirety to email@example.com
TERMINATION AND EFFECT OF TERMINATION In addition to any other legal or equitable remedies, Dealo may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Application and Dealo shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Application in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
THIS APPLICATION, SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. DEALO MAY MAKE CHANGES TO THE APPLICATION SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE APPLICATION SERVICES MAY BE OUT OF DATE, AND DEALO MAKES NO COMMITMENT TO UPDATE THE APPLICATION, SERVICES. YOU ACKNOWLEDGE AND AGREE THAT:
LIMITATION OF LIABILITY IN NO EVENT SHALL EVERDROBE MEDIA, ITS AFFILIATES OR RESELLERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF DEALO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH:
ADVERTISEMENTS AND PROMOTIONS Dealo may run advertisements and promotions from third parties via the Application, Services or in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Dealo is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Dealo advertisers on the Application or in connection with the Services.
INDEMNITY You agree to indemnify and hold Everdrobe Media, its affiliates and their respective officers, directors, partners, employees, or agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
TRADEMARK, COPYRIGHT AND RESTRICTION This Application is controlled and operated by Everdrobe Media. All material on this Application , including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Dealo Mobile Application owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Mobile Application or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
ARBITRATION Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such dispute for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties.
REMEDIES You agree that Dealo's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Dealo shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Dealo may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of Dealo shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses. No instance of waiver by Dealo of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
GOVERNING LAW AND JURISDICTION This Mobile Application (excluding linked Applications) is controlled by Everdrobe Media from its offices within the State of Florida, United States of America. By accessing this Application, you agree that all matters relating to your access to, or use of, this Application shall be governed by the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate State or Federal Courts in Florida with respect to such matters.
Please send any questions, suggestions or comments (including all inquiries unrelated to copyright infringement) to firstname.lastname@example.org Last Updated – Wednesday, March 1, 2017