Viewer Terms of Service Agreement
Last updated: Dec 27, 2021
1. Acceptance of the Terms
The terms of use herein (“Terms”) govern the relationship between you and Durioo (“Company”, “Durioo”, “we”, “us”, or “our”) regarding your use of the Durioo+ Apps (“Apps”). The collection, use, and disclosure of Users’ information are detailed in the Privacy Policy available at https://duriooplus.com/privacy-policy (“Privacy Policy”) which you should read and familiarize yourself with.
By installing the Apps on your mobile device, entering into, connecting to, using and/or accessing any of the functions available on the Apps, you hereby acknowledged that you have read, understood and agreed to be bound by the Terms, and have agreed to comply with all applicable laws and regulations regarding the use of the Apps and you hereby acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you. If you disagree with any part of the terms herein, then you shall not install any of the functions from the Apps and/or the Apps as a whole.
The Apps are offered only to individuals and business entities (whichever applicable) who possess the legal capacity to enter into these Terms or whose legal guardian has agreed to these Terms. You hereby agreed that you possess the right to legally be bound by the Terms encapsulated herein and such shall form a binding agreement under any applicable laws. You shall utilize the Apps in accordance with these Terms, and to fully perform your obligations hereunder. If you are under the age of majority, you hereby agree that your legal guardian has reviewed and agreed to these Terms.
2. The Apps
Auto-renewal subscriptions: By signing up for a subscription, you hereby have agreed that your subscription will be automatically renewed at the end of each paid subscription unless you expressly make an application to cancel it. You hereby authorize us to charge your account for the subsequent renewal term(s) without any express application to cancel your subscription. The auto-renewal may be turned off by the User in his/her app store account settings. For more information on how to manage the auto-renewal subscriptions please refer to the relevant information as follows :
- For Apple: https://support.apple.com/en-en/ht202039
- For Google: https://support.google.com/googleplay/answer/7018481
3. User Restrictions
You are solely responsible for your own conduct throughout the Services period.
You may not (and you shall not permit any User or third party to): (a) use the Apps for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Apps, Content and/or User Generated Content for non-personal or commercial purposes without the Company’s express and prior written consent; (c) fail to pay any fees (to the extent applicable), if, for example, your credit card was blocked or the use thereof was limited in any way; (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Apps and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Apps or the servers or networks that host the Apps, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Apps; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Apps; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the content made accessible by us on or through the Apps, including any information, videos, text, graphics, software programs used by us in connection with the Apps, materials, descriptions, data obtained from or through the Apps (collectively, “Content”), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sub-license, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, including our Intellectual Property (as defined below), in any way or by any means, unless expressly permitted in the Terms; (k) make any use of the Content on any other site or networked computer environment for any purpose, or replicate or copy the Content without our prior written consent; (l) create a browser or border environment around our Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Apps, Content and/or User Generated Content; (n) frame or mirror any part of the Apps without our prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and/or User Generated Content from the Apps; (p) transmit or otherwise make available in connection with the Apps any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) remove or disassociate, from the Content and/or the Apps any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); and/or (r) infringe and/or violate any of the Terms.
4. License to use our Apps
Subject to the terms hereof, we hereby grant to you, and you hereby accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to download and use the App(s) on your authorized mobile telephone, device or tablet that you own or control (“Device”) solely for the limited purposes of your internal non-commercial usage, and for no other purposes, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law.
The Terms do not in any manner whatsoever grant you any proprietary rights and/or interest in and/or to our Intellectual Property but only some limited and revocable rights to use the Apps in accordance with the Terms herein. Nothing in the Terms constitutes a waiver of our Intellectual Property rights and ownership under any laws.
Any feedback, comment or suggestion provided by you to us regarding the Apps (“Feedback”) is hereby assigned to the Company which shall remain as the exclusive and sole owner of such Feedback. To the extent such Feedback is strictly not assignable under the applicable laws and, you hereby grant us an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of our current and/or future products, technologies or services and use same for any purpose all without further compensation to you and without your express and written approvals. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that the Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies, or services that incorporate any Feedback.
5. Intellectual Property
The Apps, Content, and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents, and patent applications, trademarks, trade names, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Apps) specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered or capable of being registered (excluding the User Generated Content) (collectively, “Intellectual Property”), are owned by and/or licensed to us and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Apps are licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
6. Procedure For Alleging Intellectual Property Infringement
We care for your safety. If you believe a User acted inappropriately, including but not limited to offensive, violent, or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our Misconduct Agent at the e-mail address: apps@durioo.com.
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes intellectual property rights infringements (inclusive but not limited to copyright and trademark) have been otherwise violated, please provide the following information in writing to our email address : (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the said intellectual property; (ii) a description of the said intellectual property that you claim has been infringed or, if multiple infringing works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statutory declaration by you, that the information in the notification is accurate and that you are the intellectual property owner and/or author or lawfully authorized to act on behalf of the intellectual property owner. Infringement claims and notices should be sent to: apps@durioo.com.
Please note that stringent legal actions will be taken against any person who have misrepresented any parties under this Section (i) that any material or activity within the apps is infringing, or (ii) that material or activity within the apps was removed or disabled by mistake or misidentification.
We will respond to clear notices under this Section. Please be advised that we will remove or replace User Generated Content only in accordance with applicable law and that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
If you believe that your User Generated Content was removed by mistake and that you have the right to post it, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Company that includes substantially the following: (i) your physical or electronic signature, (ii) Identification of the User Generated Content that was removed or to which access was disabled, and the location at which it appeared before such removal or disablement, (iii) a statutory declaration that you have a good faith belief that the User Generated Content was removed or disabled as a result of mistake or misidentification, and (iv) your name, address, and telephone number, and a statement.