Decibelapps

DecibelApps.com Terms of Service

Last Modified: September 28, 2017

The terms and conditions (“Terms”) of this document covers your use and access to our website, services and any software used, enabled or downloaded as part of our Services. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. The terms “us”, “we”, or “our” refers to decibelapps.com operated by PollyApps LLC.

By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy and Acceptable Use Policy. If you do not agree to be bound by our Terms and other Policies, please cease using our Services immediately.

Your Data and Permissions

As part of using our Services, you may provide us with your files, content, messages, contact information and so on, which is your data. Please note that your submission of data cannot always be withdrawn. We need your permission to manage and maintain your data which includes storing, transmitting, transferring and backing your data with third-party service providers. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your responsibilities

You’re responsible for your conduct. You are entirely responsible for all materials you create, upload, submit or otherwise make available via the Service, including files or any other communications or profile information (collectively, “Your Data”). Your data and you must comply with our Acceptable Use Policy and applicable law in your country or jurisdiction. You agree that you shall not submit or use content and materials in any form (copy, upload, download and share etc.) unless you own or have the necessary licenses, permissions, rights or consents to use and you authorize us to use the same as part of our Services. You shall be solely responsible for all your own Submissions and all consequences of positing, uploading, publishing or otherwise making them available through our Services. We claim no ownership or control over your Submissions or Third Party Content. If you do post content or submit material, and unless we indicate otherwise, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content you submit and use via the Services.

To protect your data and materials, safeguard your password to the Services, keep your account information current. Don’t share your account credentials or your data or give others access to your account or data.You may use our Services only as permitted by applicable law, including export control laws and regulations. Please do not interfere with our Services or try to access or use them using a method other than the interface and the instructions that we provide. Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.

These Terms don’t grant you any right, title or interest in the Services, other’s content in the Services, our trademarks, logos, content and other brand features.

Intellectual Property

We respect the intellectual property of others and ask that you do too. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We reserve the right to delete or disable content alleged to be infringing and terminate your use of the Service. Notification of alleged copyright infringement on the Service should be e-mailed to legal@decibelapps.com with the subject line “Attn: Copyright Infringement”.

Your notice of copyright infringement should be substantially supported with relevant evidence. Ensure your notice has the following information:

Identify the copyrighted work that you claim to have been infringed.
Identify the material or content that you claim is infringing. Describe the claim and provide applicable website location URL, content name or other pertinent information to find the material or content of your copyright infringement claim.
Provide your contact information including your mailing address, telephone number and if available, your e-mail address.
A statement that you have good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
A statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
A physical or electronic signature with full legal name from the copyright holder or an authorized representative.

All content, features and functionality included on the DecibelApps.com website and our Software and Services, such as text, graphics, logos, button icons, images, video and audio clips, articles, digital downloads etc. is the property of DecibelApps.com and its parent company PollyApps LLC. or its content suppliers and protected by United States and international copyright laws.

Fees

Currently, we do not charge a fee to give you full use of the Service. Plans, fees and services available on the Service may change from time to time in our sole discretion. All fees are in United States Dollars. Fees are subject to change and may vary due to various reasons, including special and limited promotional offers.

Modifications of Terms

We reserve the rights to amend the terms in this document from time to time in accordance with law, new regulatory requirements and as part of improvements, enhancements or changes made to our Services. Terms changes will be notified on the website. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF OUR SERVICES FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE READ THEM.

Termination & Discontinuance

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services without notice to you if:
(a) you’re in breach of these Terms,
(b) you’re using the Services in a manner that would cause a security risk, risk of harm or loss to us or other users, or a substantial economic or technical burden
(c) you haven’t accessed our Services for 12 consecutive months.
(d) we are requested by law

Discontinuance of Services: We may discontinue any Services or any portion or feature for any reason at any time without liability to Customer. We will try to provide you with reasonable advance notice via the website or email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your data from our Services. It will be your responsibility to export your data out of our Services. If after such notice, you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services and we reserve the rights to permanently remove all your data from our Services without any notice.

INDEMNIFICATION AND RELEASE

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You hereby agree to indemnify us and hold us harmless from any and all third-party claims and expenses, including attorney’s fees, arising from your use of the Services or from your breach of these Terms and policies. In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES

READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

The Service uses third-party services and may contain links to third-party websites which are independent of us. We assume no responsibility for the content, privacy policies, security or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third-party website or service. We have no right or ability to edit the content of any third-party websites or alter their service. You acknowledge that we shall not be liable for any and all liability arising from your use of any third-party website or service.

THE DECIBELAPPS.COM WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE OR OTHER PRODUCTS AND SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. NEITHER US NOR OUR SUPPLIERS WARRANTS THAT (1) OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, (2) ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR SERVICES, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, (ii) YOUR RELIANCE ON ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) ON THE WEBSITE OR SERVICES, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICE OR (iv) THE TERMINATION OF THE SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW OR LIMIT SOME LIMITATIONS OF LIABILITY, THEREFORE IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

ANY CONTENT OR MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT OR HACKING. WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO US BY YOU PURSUANT TO THESE TERMS IN THE SIX (6) MONTHS PRECEDING THE ACCRUAL OF A CLAIM.

OUR SERVICES SHOULD NOT BE USED FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE. WE, OUR AFFILIATES OR SUPPLIERS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. WE AND OUR AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

Jurisdiction

We makes no representations that the information and materials contained within this Site or Services are appropriate for locations outside the United States. By entering this Site or using any of our Services, you acknowledge and agree that, unless otherwise expressly stated, this is intended for use within the United States only and will only be governed according to United States laws and regulations. If you use this Site or Services from other locations you are responsible for compliance with any and all applicable local laws.

Resolving Disputes
We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us by emailing legal@decibelapps.com with subject “Attn: Dispute”. We’ll try to resolve the dispute informally by contacting you via email within 30 days of submission.Giveaways

Occasionally, at our discretion, we may run promotional Giveaways where free prizes are given away to winner(s) selected by random drawing. To be eligible for the Giveaways, you must submit an eligible entry as per the Giveaway Page. You agree that, by participating in our free Giveaways, you will be bound by our Terms, Privacy and Giveaway Rules & Restrictions as per the Giveaway Page and you acknowledge that you satisfy all the eligibility requirements. You will also abide by Terms and Policies of the third parties involved in our Giveaways.

GENERAL TERMS

These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
You agree that we may provide you with notices by e-mail, regular mail, or postings to the Website or Service. The section titles in these Terms are for convenience only and have no legal or contractual effect.
As used in these Terms, the term “including” is illustrative and not limitative.
If this agreement is translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.

Acceptable Use Policy

You agree not to misuse the DecibelApps.com website or services (“Services”) or help anyone else to do so. As a condition of your use of the Services:
You agree not to use the Service for any unlawful purpose or in any way that is prohibited by our Terms;
You agree not to violate all applicable local, state, national and international laws and regulations in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading;
You agree not to use the Service in any way that exposes us to criminal or civil liability;
You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Service; You agree that all your Submissions that you provide us belongs to you and that you have the right and authority to provide it to us and does not violate the privacy or infringe the rights of others;
You agree to maintain the security of your login password and to be fully responsible for any and all use of your account;
You agree not to probe, scan, or test the vulnerability of any of our system or network;
You agree not to disable, breach, circumvent, or otherwise interfere with any security or authentication features and measures of the Service;
You agree not to interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
You agree not to use any automated means, including bots, crawlers or data mining tools, to download, monitor or use data or content from the Service;
You agree not to send unsolicited communications, promotions or advertisements, or spam;
You agree not to send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
You agree not to promote or advertise products or services without appropriate authorization;
You agree not to circumvent limits set by the Service;
You agree not to replicate the Service;
You agree not to reverse engineer any portion of the Service.
You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Service or any Content to any third party; and
You agree not to use the Service to advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, age, gender identity, sexual preference, disability, or impairment.

We reserve the right to take appropriate action against any user for any unauthorized use of the Service, including civil, criminal and injunctive redress and the termination of any user’s use of the Service. Any use of the Service and our computer systems not authorized by our Terms is a violation of the Terms and certain international, foreign and domestic criminal and civil laws, including the Computer Fraud and Abuse Act.

Contact Us

If you have any questions about these Terms, please write to us by email at legal@decibelapps.com with subject “Attn: Terms”.