Terms and Conditions
Last updated: September 9, 2014
We may change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, sending a notification, posting a notice on the Services or updating the “Last Updated” date above will inform you of these changes. Your continued use of the Services will confirm your acceptance of the revised terms. We encourage you to frequently review the terms to make sure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services and delete your Drub account.
We want everyone who uses our Services to enjoy himself or herself
The language below is intended to support this idea. We want to continue offering and improving our services, and the rules help ensure that a few media users do not ruin the fun for everyone else. Please use common sense while interacting with other users on Drub, and please do not use language or post undesired content.
You affirm that you are 18 years of age, or an emancipated minor, or possess legal parental consent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set these terms, and to abide by and comply with these Terms. Also, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Drub account.
We may, at our discretion, refuse to offer the Services to any person or entity. We can, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and to block or prevent future access to and use of the Services or any portion thereof.
Services consist of interactive features and areas that allow users to create, publish, transmit and / or store content, including but not limited to, pictures, videos, text, graphics, articles and other materials (collectively, “User Content”). You understand that your User Content may be viewed. You agree to comply with community standards, which may be updated from time to time.
You agree that you are solely responsible for your User Content and Drub is not responsible for any User Content. Although we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete user content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to Drub, you hereby grant us a non-exclusive, worldwide, transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, royalty-free, sub licensable and display such user Content in connection with the Services, provided that their use of privacy settings in the services to control who can see your User Content.
You agree that any information, suggestions, ideas or other information or materials concerning Drub or services available, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Drub. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any right you may have to the evaluation (including copyright or moral rights). We like to listen to users, but please do not share your ideas with us if you wish to claim rights to them.
Unless otherwise indicated, all materials contained on or within the Services, including but not limited to text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Drub Content”), as well as its selection and arrangement, are protected by copyright, trademark, trade dress, patent, and / or other intellectual property laws and unauthorized use of Drub content can violate such laws and these Terms. Except as expressly provided in these Terms, Drub not grant any express or implied right to use Drub content. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell or participate in any sale of, rent, lease, lend, assign, distribute, license, sublicense, or in any way exploit, in whole or in part, Drub content, services, or related software except as expressly provided in these Terms.
You are hereby granted a limited, nonexclusive, non-sub licensable license to access and use the Services and Drub Content. This license is revocable at any time. This license is subject to these Terms and does not include:
· The distribution, public performance or public display of Drub content;
· Modify or otherwise make derivative uses of the Services or Drub Content, or any part thereof;
· The use of any scraping, data mining, robots or data gathering or extraction methods similar;
· Download (other than page caching) any portion of the Content Services, Drub or any information contained therein, except as expressly permitted on the Services;
· Access to Drub API with an unauthorized client or others; and
· Any use of the Services or Drub Content other than for its intended purpose.
Any use of the Services or content Drub than as specifically authorized in these Terms without the prior written permission of Drub is strictly prohibited and will terminate the license granted in these Terms Drub.
In addition to other restrictions set forth in these Terms, you agree that you will not:
· Use the Services for any purpose that is unlawful, beyond the scope of its intended use, or otherwise prohibited under these Terms;
· Use the Services in any manner that could interfere with, disrupt, adversely affect or inhibit any other user to fully enjoy the Services, or that could damage, disable, overburden, or impair the operation of the Services in any way;
· Engage the safety of the Services;
· Send any unsolicited or unauthorized advertising, spam, requests or promotional materials;
· Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
· Reverse engineer any aspect of the Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
· Use or attempt to use another user’s account without authorization;
· Attempt to circumvent any content filtering techniques we use, or attempt to access areas / features of the Services that you are not authorized to access;
· Try indicates in any way that you have a relationship with us or we you or any product or service without our express written consent to do so we have approved;
· Participate in any harassment, intimidation, abusive behavior or harassment;
· Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
· Violating publicity, privacy or data protection rights of third parties, including by taking pictures of another person without receiving the consent of that person;
· Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
· Buy, sell, rent, lease, or offer in exchange for compensation, access to your Drub account or username, without the prior written consent of Drub;
Develop third-party applications that interact with the User Content or the Services without our prior written consent; and
· Use the Services for any illegal or unauthorized or engage in, encourage, or promote any activity that violates these Terms purpose.
You further agree to abide by the terms, which apply to third post comments Drub, including the iTunes, App Store Terms of Service and / or the Android Market Terms of Service. Broadcast usernames Drub Reviews in store application is strictly prohibited and may result in deletion of your account Drub.
After opening an Drub account, you accept full responsibility for any activity that occurs while connected to your account. You are responsible for ensuring that you keep your password safe and secure. You agree that you do not share your password with others or do anything that might jeopardize the security of your account at risk.
Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services, or any feature or part thereof without notice. You agree that we shall not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
Drub respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy, notice, restrict access to or remove content that infringes copyright of a third party and, in appropriate circumstances and at our sole discretion, account holders termination or other users of the Services that are deemed to be repeat infringers of copyrighted work of third parties.
If you believe that anything on the Services infringe any copyright that you own or control, you may file a notification of such infringement, in accordance with the requirements of 17 USC § 512 (c) (3), our designated agent:
Attn: Copyright Agent
PO Box 1154
Cypress, TX 77429
THE SERVICES AND THE DRUB CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE DRUB ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.
Note to International Users
Services are housed in the United States. If you are a user accessing the services of the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure, that differ from United States laws, please note that through your continued use of the Services, which are governed by the law of the United States, they are transferring your personal data to the United States and you consent to the transfer.
By accepting these Terms you agree to indemnify, defend and hold harmless Drub, managing our members, shareholders, employees, affiliates, licensors and suppliers (the “Drub Parties”) from and against any and all claims, expenses, claims, damages and damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of or in any way connected with (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or transmit through the Services; (c) your violation of these Terms; or (d) your violation of any rights of another.
2) Limitation of Liability
Except where prohibited by law, in no event Drub or Drub Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages resulting from (a) the use or inability to use, the Services; (b) the provision of the Services or any materials available in that area; or (c) the conduct of other users of the Services, even if Drub has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your exclusive remedy for dissatisfaction with Drub of the Services or any content is to stop using the Services. If Drub is liable to you in spite of these conditions, for any damage or loss arising out of or in any way connected with the use of the Services or any content, Drub liability shall in no event exceed $ 1.00. Some jurisdictions do not allow the limitation of liability, so the above limitation may not apply to you.
PLEASE READ THE FOLLOWING PARAGRAPH REQUIRES YOU FOR ARBITRATION OF DISPUTES WITH LIMITED DRUB AND HOW YOU CAN seek relief from the United States.
You and Drub agreement to arbitrate any dispute arising out of these Terms and Conditions or use of the Services, except that you and Drub is not required to arbitrate any dispute in which either party seeks equitable relief and another for allegedly using illegal copyright, trademarks, trade names, logos, trade secrets or patents. Prevents ARBITRATION OR CLAIM IN COURT TO HAVE A JURY TRIAL. You and Drub agree (a) that any arbitration will take place in Harris County, Texas; (b) that the arbitration will be held in confidence by a single arbitrator pursuant to the rules of JAMS; and (c) that the state or federal courts located in Harris County, Texas shall have exclusive jurisdiction over any appeal of an arbitration award and any judgment, if any, between the parties that are not subject to arbitration. Besides classroom procedures and resources listed below, the arbitrator has the authority to grant any remedy otherwise available in court. IF THE DISPUTE IS HEARD IN ARBITRATION OR COURT, YOU AND DRUB will not engage each other, A CLASS ACTION, A REPRESENTATIVE OR CLASS ARBITRATION OR PROCEEDING.
4) Forum and place
A claim, if any, by you or Drub against the other will occur in state or federal court in Harris County, Texas. You and Drub agree that jurisdiction and venue of these courts is exclusive.
Any dispute between you and Drub by these Terms and the laws of the State of Texas and applicable law in the United States without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction is governed.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior agreements with respect thereto and represent the entire agreement between you and Drub.
Questions and Comments
Drub welcomes your comments, questions, concerns or suggestions. Please send your comments to us by visiting http://drub.co/contact-us/.