Agreement to our legal terms
We are Deeply Development Ltd. ("Company," "we,"
"us," "our"), a company registered in Canada in
New Westminster, British Columbia.
We operate the website https://app.platewell.net
(the "Site"), the mobile application Platewell Recipe Manager (the
"App"), as well as any other related products and services that refer
or link to these legal terms (the "Legal Terms") (collectively, the
"Services").
You can contact us by email at
support@platewell.net.
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and Deeply Development
Ltd., concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from
time to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Legal Terms from
time to time. We will alert you about any changes by updating the "Last updated" date of
these Legal Terms, and you waive any right to receive specific notice of each such
change. It is your responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Legal Terms by your continued use of
the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
Table of contents
- Our services
- Intellectual property rights
- User representations
- User registration
- Purchases and payment
- Subscriptions
- Prohibited activities
- User generated contributions
- Contribution license
- Mobile application license
- Third-party websites and content
- Services management
- Copyright infringements
- Term and termination
- Modifications and interruptions
- Governing law
- Dispute resolution
- Corrections
- Disclaimer
- Limitations of liability
- Indemnification
- User data
-
Electronic communications, transactions, and signatures
- California users and residents
- Miscellaneous
- Contact us
1. Our services
The information provided when using the Services is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
2. Intellectual property rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively, the "Content"), as
well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal,
non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a
non-exclusive, non-transferable, revocable license to:
- access the Services; and
-
download or print a copy of any portion of the Content to which you have properly
gained access,
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our
express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in
this section or elsewhere in our Legal Terms, please address your request to:
support@platewell.net. If we ever grant you
the permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the Services, Content, or
Marks and ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our
Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES"
section carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"), you agree to
assign to us all intellectual property rights in such Submission. You agree that we shall
own this Submission and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality during which
you may create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material ("Contributions"). Any Submission
that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and
possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name,
trademarks, and logos):
By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle,
store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without limitation, your image, name,
and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, your Contributions, and to sublicense the
licenses granted in this section. Our use and distribution may occur in any media formats
and through any media channels.
This license includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the Services or making
Contributions accessible through the Services by linking your account through the
Services to any of your social networking accounts, you:
-
confirm that you have read and agree with our
"PROHIBITED ACTIVITIES" and will not post, send, publish,
upload, or transmit through the Services any Submission nor post any Contribution that
is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
-
to the extent permissible by applicable law, waive any and all moral rights to any such
Submission and/or Contribution;
-
warrant that any such Submission and/or Contributions are original to you or that you
have the necessary rights and licenses to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation to
your Submissions and/or Contributions; and
-
warrant and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly
agree to reimburse us for any and all losses that we may suffer because of your breach of
(a) this section, (b) any third party's intellectual property rights, or (c) applicable
law.
We may remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or edit any Contributions at
any time without notice if in our reasonable opinion we consider such Contributions
harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we
may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control,
please immediately refer to the "COPYRIGHT INFRINGEMENTS"
section below.
3. User representations
By using the Services, you represent and warrant that: (1) all registration information
you submit will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not
access the Services through automated or non-human means, whether through a bot, script
or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose;
and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
4. User registration
You may be required to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and password. We reserve
the right to remove, reclaim, or change your account if we determine, in our
sole discretion, that such is inappropriate, obscene, or otherwise
objectionable.
5. Purchases and payment
We accept payment through the app store and credit cards including Visa and Mastercard.
You agree to provide current, complete, and accurate purchase and account information for
all purchases made via the Services. You further agree to promptly update account and
payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provider for
any such amounts upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the
same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
6. Subscriptions
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to
our charging your payment method on a recurring basis without requiring your prior
approval for each recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle is annual.
Cancellation
You can cancel your subscription at any time by logging into your account. Your
cancellation will take effect at the end of the current paid term. If you have any
questions or are unsatisfied with our Services, please email us at
support@platewell.net.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any
price changes to you in accordance with applicable law.
7. Prohibited activities
You may not access or use the Services for any purpose other than that for which we make
the Services available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
-
Systematically retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory without
written permission from us.
-
Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
-
Circumvent, disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
-
Use any information obtained from the Services in order to harass, abuse, or harm
another person.
-
Make improper use of our support services or submit false reports of abuse or
misconduct.
-
Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
-
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party's uninterrupted use and
enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.
-
Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction
tools.
- Delete the copyright or other proprietary rights notice from any Content.
-
Attempt to impersonate another user or person or use the username of another user.
-
Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as "spyware" or "passive
collection mechanisms" or "pcms").
-
Interfere with, disrupt, or create an undue burden on the Services or the networks or
services connected to the Services.
-
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
-
Attempt to bypass any measures of the Services designed to prevent or restrict access to
the Services, or any portion of the Services.
-
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
-
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the Services.
-
Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or
use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
-
Make any unauthorized use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
-
Use the Services as part of any effort to compete with us or otherwise use the Services
and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
8. User generated contributions
The Services may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions"). Contributions may be
viewable by other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and non-proprietary. When
you create or make available any Contributions, you thereby represent and warrant that:
-
The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
-
You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Services, and other users of
the Services to use your Contributions in any manner contemplated by the Services and
these Legal Terms.
-
You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of your Contributions in
any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
-
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
-
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
-
Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of
people.
- Your Contributions do not violate any applicable law, regulation, or rule.
-
Your Contributions do not violate the privacy or publicity rights of any third party.
-
Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
-
Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
-
Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may
result in, among other things, termination or suspension of your rights to use the
Services.
9. Contribution license
By posting your Contributions to any part of the Services, you automatically grant, and
you represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through any media
channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services. You
are solely responsible for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Services; and (3) to pre-screen or delete any Contributions
at any time and for any reason, without notice. We have no obligation to monitor your
Contributions.
10. Mobile application license
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic devices
owned or controlled by you, and to access and use the App on such devices strictly in
accordance with the terms and conditions of this mobile application license contained in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
(2) make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the App; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted by us or the
licensors of the App; (5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App
available over a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the App for creating a product, service, or
software that is, directly or indirectly, competitive with or in any way a substitute for
the App; (8) use the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or devices for use with the
App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or
Google Play (each an "App Distributor") to access the Services: (1) the license granted
to you for our App is limited to a non-transferable license to use the application on a
device that utilizes the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App Distributor's terms of
service; (2) we are responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this mobile application
license contained in these Legal Terms or as otherwise required under applicable law, and
you acknowledge that each App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the App; (3) in the event of any failure
of the App to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and policies, may
refund the purchase price, if any, paid for the App, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation whatsoever
with respect to the App; (4) you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that has been designated by the US
government as a "terrorist supporting" country and (ii) you are not listed on any US
government list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the App, e.g., if you have a VoIP application,
then you must not be in violation of their wireless data service agreement when using the
App; and (6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license contained in
these Legal Terms, and that each App Distributor will have the right (and will be deemed
to have accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Legal Terms against you as a third-party
beneficiary thereof.
11. Third-party websites and content
The Services may contain (or you may be sent via the Site or App) links to other websites
("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other content or
items belonging to or originating from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on,
available through, or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or any Third-Party
Content does not imply approval or endorsement thereof by us. If you decide to leave the
Services and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Legal Terms no longer
govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or relating
to any applications you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and from other companies, and we take
no responsibility whatsoever in relation to such purchases which are exclusively between
you and the applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall hold us blameless from
any harm caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with Third-Party
Websites.
12. Services management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations
of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to
the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from
the Services or otherwise disable all files and content that are excessive in size or are
in any way burdensome to our systems; and (5) otherwise manage the Services in a manner
designed to protect our rights and property and to facilitate the proper functioning of
the Services.
13. Copyright infringements
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control,
please immediately notify us using the contact information provided below (a
"Notification"). A copy of your Notification will be sent to the person who posted or
stored the material addressed in the Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if you make material misrepresentations
in a Notification. Thus, if you are not sure that material located on or linked to by the
Services infringes your copyright, you should consider first contacting an attorney.
14. Term and termination
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
15. Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We will not be liable to you or any
third party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or for
any reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
16. Governing law
These Legal Terms shall be governed by and defined following the laws of Canada. Deeply
Development Ltd. and yourself irrevocably consent that the courts of Canada shall have
exclusive jurisdiction to resolve any dispute which may arise in connection with these
Legal Terms.
17. Dispute resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related
to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either
you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to
first attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the parties are unable to resolve the dispute through informal negotiation, the
dispute shall be finally resolved by arbitration in accordance with the United Nations
Commission on International Trade Law Arbitration Rules in force at the time of
commencement of the arbitration. The number of arbitrators shall be one (1). The seat, or
legal place, or arbitration shall be Vancouver, Canada. The language of the proceedings
shall be English. The governing law of these Legal Terms shall be substantive law of
Canada.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and (c) there is
no right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion
of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal
or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
18. Corrections
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or omissions
and to change or update the information on the Services at any time, without prior
notice.
19. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES
OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
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 SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
20. Limitations of liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE
OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
21. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable attorneys'
fees and expenses, made by any third party due to or arising out of: (1) your
Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms; (5) your violation of
the rights of a third party, including but not limited to intellectual property rights;
or (6) any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
22. User data
We will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely responsible
for all data that you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any loss or corruption
of any such data, and you hereby waive any right of action against us arising from any
such loss or corruption of such data.
23. Electronic communications, transactions, and signatures
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide to
you electronically, via email and on the Services, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
24. California users and residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
25. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Legal Terms shall
not operate as a waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss, damage, delay,
or failure to act caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
26. Contact us
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
Deeply Development Ltd.
New Westminster, British Columbia
Canada
support@platewell.net