Please read these Terms of Use (Terms) carefully before downloading, installing or using the DSEA Member App (App) Services. These Terms contain the terms under which you may access and use the App. You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the App Services.
If you will be using the App on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
ACKNOWLEDGEMENTS
These Terms apply to the App, including any updates or supplements thereto. DSEA may change or revise these Terms from time to time in its sole discretion, with or without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions. Your access and use will be subject to the most current version of the Terms. Your use of the App after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them.
From time to time, updates to the App may be made available through the App Store. Depending on the update, and whether you utilized the App Store to download and access the App, you may not be able to use the App until you have installed the latest version.
You confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorized to use the App as a representative of the entity and agree to these Terms on behalf such entity.
Content
You agree that “Content” means any material, including all written documents, graphics, audio files, video files, electronic documents, and images that are provided to you, as the user, through the App.
THIRD PARTY CONTENT
The App may contain links to independent third-party websites or other applications ("Third Party Sites"). Third Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third-Party Sites.
Use of Content
You agree the Content provided through the App will be used by you solely for member information purposes. You acknowledge and agree that the Content will be used for no other purpose by you.
PRIVACY
Your submission of information, including personal information, through or in connection with the App (if any) is governed by the terms of our privacy policy as updated from time to time, available at www.dsea.org/privacy-policy
Intellectual Property
You agree that the Content provided through the App, including but not limited to, documents, graphics, audio files, video files, editorial content, electronic documents, scripts and all other data, contains proprietary information and material that is owned by DSEA, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for DSEA business.
Confidentiality
You agree to keep all Content provided through the App confidential and expressly agree to refrain from publishing any of the Content to any third-party and/or any social media site.
Prohibited Activities
The following conduct is prohibited while using the App:
You cannot do anything unlawful, misleading or fraudulent or for an illegal or unauthorized purpose.
You cannot disseminate, publish or otherwise disclose any Content from the App to any third-party, either directly or via any social media platform or site.
You cannot use unprofessional, harassing, disparaging or other inappropriate language. Bullying conduct will not be tolerated.
You cannot violate (or help or encourage others to violate) these Terms of Use.
You cannot make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs.
You cannot do anything to interfere with or impair the intended operation of the App.
You cannot attempt to access, collect or disseminate information from the App in unauthorized ways.
ADDITIONAL RESTRICTIONS
You agree not to use the App in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App.
You agree not to use the App to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights.
You agree not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App).
You agree not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
Failure to Adhere to Terms of Use
You acknowledge and agree that DSEA, and DSEA alone, shall determine whether you have adhered to these Terms. You agree that should DSEA determine that you have violated any of these Terms, DSEA has the sole and express authority to immediately suspend, revoke or otherwise deny you access to the App.
AVAILABILITY
We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for any reason without liability to you, except where prohibited by applicable law.
In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.
Disclaimers and Limitations of Liability
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND DSEA DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DSEA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DSEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF DSEA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO DSEA FOR USE OF THE SERVICES AT; AND (B) US$200.00.
INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys' fees) reasonably incurred by us that arise out of your use of the App in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the App and you agree to assist and co-operate with us in relation to any such claim.
TERMINATION
DSEA may discontinue, suspend or modify the App at any time without notice and may block, terminate or suspend your access to the App at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the App and remove it from all applicable Devices.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
Entire Agreement
These Terms constitute the entire agreement between you and DSEA with regard to the App, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.
TERMS OF USE
Introduction
Please read these Terms of Use (Terms) carefully before downloading, installing or using the DSEA Member App (App) Services. These Terms contain the terms under which you may access and use the App. You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the App Services.
If you will be using the App on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
ACKNOWLEDGEMENTS
These Terms apply to the App, including any updates or supplements thereto. DSEA may change or revise these Terms from time to time in its sole discretion, with or without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions. Your access and use will be subject to the most current version of the Terms. Your use of the App after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them.
From time to time, updates to the App may be made available through the App Store. Depending on the update, and whether you utilized the App Store to download and access the App, you may not be able to use the App until you have installed the latest version.
You confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorized to use the App as a representative of the entity and agree to these Terms on behalf such entity.
Content
You agree that “Content” means any material, including all written documents, graphics, audio files, video files, electronic documents, and images that are provided to you, as the user, through the App.
THIRD PARTY CONTENT
The App may contain links to independent third-party websites or other applications ("Third Party Sites"). Third Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third-Party Sites.
Use of Content
You agree the Content provided through the App will be used by you solely for member information purposes. You acknowledge and agree that the Content will be used for no other purpose by you.
PRIVACY
Your submission of information, including personal information, through or in connection with the App (if any) is governed by the terms of our privacy policy as updated from time to time, available at www.dsea.org/privacy-policy
Intellectual Property
You agree that the Content provided through the App, including but not limited to, documents, graphics, audio files, video files, editorial content, electronic documents, scripts and all other data, contains proprietary information and material that is owned by DSEA, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for DSEA business.
Confidentiality
You agree to keep all Content provided through the App confidential and expressly agree to refrain from publishing any of the Content to any third-party and/or any social media site.
Prohibited Activities
The following conduct is prohibited while using the App:
You cannot do anything unlawful, misleading or fraudulent or for an illegal or unauthorized purpose.
You cannot disseminate, publish or otherwise disclose any Content from the App to any third-party, either directly or via any social media platform or site.
You cannot use unprofessional, harassing, disparaging or other inappropriate language. Bullying conduct will not be tolerated.
You cannot violate (or help or encourage others to violate) these Terms of Use.
You cannot make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs.
You cannot do anything to interfere with or impair the intended operation of the App.
You cannot attempt to access, collect or disseminate information from the App in unauthorized ways.
ADDITIONAL RESTRICTIONS
You agree not to use the App in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App.
You agree not to use the App to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights.
You agree not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App).
You agree not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
Failure to Adhere to Terms of Use
You acknowledge and agree that DSEA, and DSEA alone, shall determine whether you have adhered to these Terms. You agree that should DSEA determine that you have violated any of these Terms, DSEA has the sole and express authority to immediately suspend, revoke or otherwise deny you access to the App.
AVAILABILITY
We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for any reason without liability to you, except where prohibited by applicable law.
In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.
Disclaimers and Limitations of Liability
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND DSEA DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DSEA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DSEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF DSEA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO DSEA FOR USE OF THE SERVICES AT; AND (B) US$200.00.
INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys' fees) reasonably incurred by us that arise out of your use of the App in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the App and you agree to assist and co-operate with us in relation to any such claim.
TERMINATION
DSEA may discontinue, suspend or modify the App at any time without notice and may block, terminate or suspend your access to the App at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the App and remove it from all applicable Devices.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
Entire Agreement
These Terms constitute the entire agreement between you and DSEA with regard to the App, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.