Last Updated: May 13th, 2015
Welcome to Dizzit applications, offered by RimLink SA. These Terms of Service (“Terms”) control your use of the website located at http://dizzit.co (“Site”) and the use of the mobile device applications (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the "Services".
Agreement to Terms
Changes to Terms or Services
We may modify the Terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Services or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
Eligibility: You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
Registration and Your Information: Some of our Services may only be used if you create an account (“Account”) with us. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Premium Features: We may charge fees for the use of certain services, or for the access and use of certain content, features or aspects of our Service. These fees can change at any time. By selecting these services or features, you are agreeing to pay the applicable fees assessed to your account. If we offer a subscription-based service, we will charge your account at the beginning of each billing period. You must cancel your subscription before it renews to avoid the billing of the next billing period fees to your account. You will not receive a refund for any partial period cancellation. For example, for a monthly subscription-based service we will charge your account at the beginning of each month and monthly thereafter until you cancel.
Rights and Terms for Apps
Your Rights: Subject to your compliance with these Terms, Dizzit grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services; or (iv) make the functionality of the Services available to multiple users through any means. Dizzit reserves all rights in and to the Services not expressly granted to you under these Terms.
Additional Terms for App Store Apps: When you download our software app from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), you acknowledge and agree that:
- When you download our software app from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), you acknowledge and agree that:
- These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are responsible for our software app.
- The App Store has no obligation to furnish any maintenance and support services with respect to our software app or handle any warranty claims.
- The App Store is not responsible for addressing any claims you have relating to our software app, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our software app fails to conform to any applicable legal or regulatory requirement.
- The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our software app through their App Store).
Acceptable Use and Conduct: You are responsible for your conduct when using our Services and you agree that you will use our Services in compliance with all applicable laws and regulations. You agree that you will not initiate, engage in, or encourage any Prohibited Conduct in connection with your use of our Services. “Prohibited Conduct” includes doing things like:
- interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services;
- restricting or inhibiting any other user from using and enjoying the Services;
- promoting, encouraging, advocating, or providing instructional information about illegal activities;
- harassing, bullying or threatening other users;
- impersonating another person or representing yourself as affiliated with us, our staff or other industry professionals;
- soliciting passwords, account information or other personal information from other users;
- except as approved by us in writing, conducting commercial activities and/or promotions or advertisements;
- subleasing your account or offering “free space” on or other access to your account to others;
- infringing another person’s content;
- using the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or
- otherwise violating these Terms or creating liability for us.
Content: You are responsible for the content, messages, contacts, and other material that you upload on or transmit or through our Services (your “Content”), including its legality, reliability, and appropriateness. You should only upload or post your Content that you either own, created or have the right to use and publish. Your Content is yours. By uploading or transmitting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services to you (provided, we will never share your Content with any other person other than as explicitly directed by you). You represent and warrant that you own all your Content or you have all rights that are necessary to grant us the license rights in your Content under these Terms. You also represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Services, nor any use of your Content by Dizzit on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Enforcement by Us: We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms. We reserve the right (but have no obligation) to suspend or terminate your account and/or report you to law enforcement authorities, if you violate any provision of these Terms.
Links to Third Party Websites or Resources
The Services may contain links to or integration of third-party websites or resources. We provide these links and integrations only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
You acknowledge that all intellectual property rights in our Services, including the underlying software and technology and the information and content available on our Services are owned by us and our suppliers (including other users), are protected by copyright laws throughout the world. You may not download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Services or any content therein, in whole or in part without our prior written authorization. We and our suppliers (including other users) reserve all rights not granted in these Terms. If you provide any suggestions, ideas, feedback, or recommendations to us (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at contact[at]dizzit[dot]co. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Dizzit and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER DIZZIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIZZIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL DIZZIT'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO DIZZIT FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DIZZIT, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DIZZIT AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Subject to the “Arbitration” section above, the exclusive jurisdiction and venue of any action, if any, related to these Terms will be the state and federal courts located in the Santa Clara County of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Dizzit and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Dizzit and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Dizzit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Dizzit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Dizzit under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Dizzit's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dizzit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us at contact[at]dizzit[dot]co.