Revisions to Terms
I may revise these Terms from time to time, and I will try to provide you with at least seven (7) days advance notice prior to any new terms taking effect. However, in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. I may announce changes through the my site, and/or by sending an email to the address you have provided to me. After I have updated these Terms, you may continue to access or use my Service after those revisions become effective, in which case you have agreed to be bound by the revised terms, or you can immediately stop using my Services.
Use of the Service; License Grants
My Services allows you to store, access, organize, view, display, and share Content (as defined below) through our web based and mobile software applications (the “David Šimák Software”).
So long as you are not prohibited from using the Services under the laws of your jurisdiction, I grant you a revocable, limited, non-exclusive license to use the Services subject to these Terms until you choose to terminate your use of the Services (by not using the service or terminating your account) or until I terminate/suspend your Account (as defined below) pursuant to these Terms.
In addition, I grant you a personal, worldwide, revocable, royalty-free, non-assignable and non-exclusive license to use David Šimak Software provided to you, for the sole purpose of enabling you to use David Šimák Software and access the Services, subject to any applicable license terms provided with David Šimák Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in David Šimák Software or the Services. If you download David Šimák Software to your mobile device or computer, you may be asked to agree to an end user license agreement (“EULA”). The EULA will take precedence if there is a conflict between the terms contained in the EULA and these Terms, but only to the extent of such conflict.
You may not: (i) transfer, sublicense, lease, lend, rent or otherwise distribute David Šimák Software or the Services to any third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of David Šimák Software or the Services; or (iv) use David Šimák Software or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
Obtaining equipment such as a mobile device, and paying for connectivity and data plans is your responsibility. David Šimák has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Services.
Creating an Account
You may need to register and create an account (“Account”) in order to use those aspects of my Services which require the creation of an Account.
By creating an Account and using the Service, you represent and warrant that you are 18 years of age or over and have the right, authority and capacity to enter into these Terms, or you are the legal age required to form a binding contract in your jurisdiction.
When creating an Account, you may be required to provide certain personal information about yourself. You will also need to establish a password. You agree to provide accurate, current and complete information about your Account.
I reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. You are responsible for maintaining the accuracy, completeness, and confidentiality of your Account and you will be responsible for all activities that occur under your Account, including activities of others to whom you have provided access to your Account. I will not be liable for any loss or damage arising from your failure to provide me with accurate information or to keep your Account secure. If you discover any unauthorized use of your Account or suspect that anyone may be able to access your private Content, you should immediately change your password and notify me via email to firstname.lastname@example.org.
My Services allows you and other users to store, access, organize, view, display, share and otherwise make available and access certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you submit to the Services, including its legality, reliability, and appropriateness. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights.
However, in order for me to provide Services to you, I must obtain from you certain rights and licenses to the Content you submit. These rights and licenses are necessary so that our storage, access, distribution, reproduction, processing, and related handling of your Content in order to provide Services to you does not infringe copyright and other related laws. Therefore, by using the Services, you grant us a non-exclusive, transferable, sub-licensable, fully paid and royalty-free, worldwide right and license to modify, delete from, add to, publicly perform, publicly display, reproduce, translate, distribute, and otherwise use your Content on and through the Service, except that the use of your Content will be subject to your privacy settings. Subject to your privacy settings, you agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms. You also agree that David Šimák has the right to elect not to accept, post, store, display, publish or transmit any Content in my sole discretion. The license you grant to David Šimák in connection with your Content ends when you delete your Content or your Account unless your Content has been shared with others, and they have not deleted it.
You agree that these rights and licenses include a right for David Šimák to make such Content available to, and pass these rights along to, others with whom David Šimák has contractual relationships related to the provision of the Services, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if David Šimák determines such access is necessary to comply with its legal obligations.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant me the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
I don’t have an obligation to monitor your access to or use of the Services or to review or edit any Content, but I have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. I reserve the right, at any time and without prior notice, to remove or disable access to any Content, that I consider, in my sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content may not be completely removed and copies of your Content may continue to exist on the Service and/or elsewhere. I am not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Services.
My Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by me or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Services, my computer systems, or the technical delivery systems of my providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. I reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Links to Third Party Sites
The Services may include links to other sites and services that are not operated by us. I am providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
Changes to the Service
I may, in its sole and absolute discretion, make changes to the Services from time to time and/or stop (permanently or temporarily) providing the Services (or certain aspects of the Services), with or without prior notice to you. You acknowledge that certain actions by me may restrict or prevent you from accessing your Content or using the Services, for limited periods or permanently, and agree that I have no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that I shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services. However, if you are a subscriber to a paid service (a “Paid Services”) and find that any such modifications or interruption of the Paid Services adversely affects you, you may notify me, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Services. Upon receipt of any such request, I will extend the duration of your Paid Services subscription for a period of time equal to the interruption and/or refund a portion of your Paid Services subscription fee equal to the remaining unused term of the Paid Services subscription, in my sole discretion.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for me, I have the right to suspend or stop your access to or use of David Šimák Software and/or Services. I will notify you by email or at the next time you attempt to access your Account. You may also delete your Account at any time.
You agree to indemnify and hold me and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms or any other actions connected with your use of the Services (including all actions taken under your Account). In the event of such claim, I will provide notice of the claim, suit or action to the contact information I have for the Account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
You understand and agree that David Šimák Software and the Services are provided to you “AS IS” and on an “AS AVAILABLE” basis, WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Without limiting the foregoing, TO THE MAXIMUM EXTENT PERMITTED BY LAW, I 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. I make no warranty that ANY ASPECT OF THE Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, THAT ANY ERRORS IN ANY SOFTWARE OR SERVICE WILL BE CORRECTED, OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
Limitation of Liability
I WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE DAVID ŠIMÁK SOFTWARE OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR THE SERVICE IS TO STOP USING THEM.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
MY AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF TWENTY DOLLARS ($20) OR THE AMOUNT YOU HAVE PAID ME IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DAVID ŠÍMÁK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These Terms constitute the entire agreement between you and David Šimák and govern your use of the Services, except, and then only to the extent that you have entered into another agreement with David Šimák (i.e. a EULA). These Terms supersede any prior agreements or earlier versions of these Terms between you and David Šimák for the use of the Services. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party. The section headings in these Terms of Service are for convenience only and have no legal or contractual effect. Any amendment to or waiver of this Statement must be made in writing and signed by me.
I reserve all rights not expressly granted to you.
Questions & Contact Information
Please contact me at email@example.com if you have any questions about my Terms.