Additional terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such additional terms will be disclosed to you in region-specific disclosures or in connection with the applicable Service(s). Additional terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the
YOUR USE OF THE SERVICES DMMeHere grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms. Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
• license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
• modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof. MODIFICATION OF THE TERMS We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing DMMeHere notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you. The right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. YOUR CONTENT
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do
(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, DMMeHere employees, or our community.
(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
(c) You will only access the Services using means explicitly authorized by DMMeHere.
(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(e) You will not be obscene, sexually explicit or pornographic. Note that mere nudity e.g. as a form of protest or for educational/medical reasons will not fall foul of this rule.
(f) You will not use the Services to cause nuisance, annoyance or inconvenience.
(g) Doxxing, harassment, threats, cyber stalking, bullying, etc. will not be tolerated and will result in immediate suspension and possible legal actions and full cooperation with law enforcement.
(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
(k) You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Services or content displayed by the Services to a third party.
(l) You will not use the Services in any way that could damage, disable, overburden or impair any DMMeHere server, or the networks connected to any DMMeHere server.
(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any DMMeHere server.
(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures DMMeHere may use to prevent or restrict access to the Services or use of the Services or the content therein.
(o) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites.
(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services.
(q) You will not try to harm other Users, DMMeHere, or the Services in any way whatsoever.
(r) You will not engage in threatening, harassing, racist, sexist or any other behavior that DMMeHere deems inappropriate when using the Services.
(s) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
(t) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time users.
(u) You will not attempt to undertake any of the foregoing.
In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion. NON-DISCRIMINATION POLICY DMMeHere and its affiliates prohibit discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. DMMeHere wants all of our Users to feel safe and welcome and we do not tolerate any conduct that we determine to be discriminatory. TERMINATION / DEACTIVATION DMMeHere may temporarily lock and/or permanently deactivate your user account and access to the Platform and eliminate your ability to utilise the Services if:
• you breach, are suspected of breaching, or are alleged to have breached these Terms or the Terms of Agreement to which you are subject or any of DMMeHere’s other terms or policies governing a User’s use of the Platform;
• we are unable to verify or authenticate any information you provide to us;
• we believe that your actions may cause financial loss or legal liability for you, our Users or DMMeHere, its affiliates, or third party providers; we believe you may subject DMMeHere or you or any other User to regulation by any state or local government or regulatory agency;
• we suspect or it has been alleged that you have engaged in fraudulent, illegal or harmful activity in connection with your use or access of the DMMeHere Platform or App, or in connection with your receiving Services or you or your account is the subject of an investigation of alleged or suspected fraudulent, illegal or harmful activity; or
If your account is permanently deactivated, your account information will be deleted and you will be removed from the DMMeHere Platform. Permanent deactivation will cause you to lose your user name and persona as well as any privileges, badges or other earned items associated with your account. If your account was not deactivated for cause, you may open a new account on the Platform. It will be considered a material breach of these Terms if a User who has been deactivated for cause, opens a new account on the Platform and such new account will be deactivated without notice upon discovery. DMMeHere is under no obligation to compensate any User for any losses as a result of a User’s deactivation. We reserve the right to permanently deactivate any inactive User’s account that has been “inactive” for 60 days or more. COPYRIGHT INFRINGEMENT We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Platform by submitting written notification to our copyright agent (designated below), which notice must include substantially the following:
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Platform so that our copyright agent can locate it;
• Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
• A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you
are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Our designated copyright agent to receive notices is: DMMeHere LLC Attn: Copyright Agent ________________________________ ________________________________ ________________________________ THIRD PARTIES / PARTNERS Certain aspects of the Services involve the use of third-party services, which are subject to the terms and conditions set by the providers of such services. For example, we use services such as ___________________ to process payments you submit through the Services. These partners whose terms and conditions are available on their own websites. You are encouraged to review the terms and conditions provided by these third-parties, as they are legally binding commitments between you and the providers, and over which DMMeHere has no control. We specifically disclaim any obligation or liability related to the use of third-party services. THIRD PARTY LINKS Under no circumstances will DMMeHere be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that DMMeHere does not have a duty to pre-screen content, but that DMMeHere and its designees will have the right in their sole discretion to refuse or remove any content that is available via our Platform. This includes the right to remove any content that violates these Terms or is deemed by DMMeHere, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. The sites linked to by the DMMeHere Website are developed by people over whom DMMeHere exercises no control DMMeHere cannot and does not screen the sites. Some people may find these sites objectionable, inappropriate, or offensive. We cannot guarantee that DMMeHere will not link to unintended or objectionable content and assume no responsibility for the content of any site linked to by the DMMeHere Services. USER LIMITATIONS
You may not use or introduce into the Platform any device, software or routine that could damage or interfere with the ordinary and proper operation of the Platform. You may not directly or indirectly take any action to unduly stress the Platform or
Services, or that we reasonably determine to be abusive. We reserve the right to monitor your use of the Platform and conformance with these Terms. You acknowledge and hereby consent to such monitoring. We may discontinue your access at any time, for any reason. You warrant that you will not use the Services to: conduct or engage in unlawful, immoral, harassing, or improper activities; violate any law or regulation; or violate or infringe upon our rights or the rights of any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. We reserve the right to terminate your access to and use of the Services if, in our reasonable belief, you have violated the usage limitations set forth in these Terms, or your usage of the Services is incompatible with our legitimate business purposes. DISCLAIMER THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DMMEHERE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DMMEHERE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DMMEHERE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY
DMMEHERE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF DMMEHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DMMEHERE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DMMEHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DMMEHERE SHALL
NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DMMEHERE'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL DMMEHERE'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). DMMEHERE'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT DMMEHERE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. INDEMNITY You agree to indemnify and hold DMMeHere and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) DMMeHere's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. DISPUTE RESOLUTION DMMEHERE AND USER MUTUALLY AGREE TO RESOLVE ANY AND ALL COVERED JUSTICIABLE DISPUTES BETWEEN THEM EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, INSTEAD OF A COURT OR JURY TRIAL. This means you may not bring any legal action, including any class action, against DMMeHere, nor may you participate in such an action brought by another person. The terms of this Section (this “arbitration agreement”) requires the arbitration of any claims that DMMeHere or User may have against the other or against any of their officers, directors, employees, subcontractors, or agents in their capacity as such or otherwise, direct or indirect parents and subsidiaries, and affiliates, agents, successors or assigns, each and all of which may enforce this arbitration agreement as direct or third-party beneficiaries.
This arbitration agreement is intended by DMMeHere and User to be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (the “FAA”) to the fullest extent permitted by law. To the extent that the FAA is found to not apply to any issue that arises under
this arbitration agreement or the enforcement hereof, then that issue shall be resolved under the laws of the state of California. DMMeHere and User mutually agree, in particular but without limitation, that if a court of competent jurisdiction finds that the FAA does not require or provide for enforcement of this arbitration agreement, then the laws of the State of Minnesota regarding enforcement of arbitration provisions shall apply. This arbitration agreement applies to any and all claims or controversies, past, present or future, arising out of or relating to these Terms, this arbitration agreement, User’s receipt of services or use of the Platform, any payments made by User through the Platform, the termination of these Terms, claims of harassment, retaliation, or discrimination, and all other aspects of a User’s relationship (or the termination of its relationship) with DMMeHere, whether arising under federal, state or local statutory and/or common law. User and DMMeHere agree that the mutual obligations contained in these Terms and to arbitrate disputes provide adequate consideration for this arbitration agreement. If either party initiates arbitration, the initiating party must notify the other party in writing via U.S. Mail, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include: (i) the name and address of the party seeking arbitration; (ii) a statement of the legal and factual basis of the claim; and (iii) a description of the remedy sought. Any demand for arbitration by User must be delivered to DMMeHere as provided in these Terms under “Notice.” Any demand for arbitration by DMMeHere may be delivered to User at User’s home or business address, as set out in User’s then-current Account. The Arbitrator will resolve all disputes regarding the timeliness or propriety of the demand for arbitration. CLASS AND COLLECTIVE ACTION WAIVERS DMMeHere and User mutually agree that by entering into this arbitration agreement, both waive their right to have any covered dispute or claim brought, heard or arbitrated as a class action and/or collective action, and an Arbitrator will not have any authority to hear or arbitrate any class and/or collective claim (“Class Action Waiver”). Notwithstanding any other clause contained in this arbitration agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an Arbitrator. The Class Action Waiver will be severable from this arbitration agreement in any case, in which (1) the dispute is filed as a class and/or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void, or voidable. In such case, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
Except as otherwise stated in this arbitration agreement, any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), subject to the following:
(a) The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. Unless the parties agree otherwise, the Arbitrator shall be an attorney experienced in the law in the underlying dispute and licensed to practice law in the state in which the arbitration is convened or a former judge from any jurisdiction.
(b) Unless User and DMMeHere agree otherwise, the arbitration will be conducted within 25 miles of the primary location in which User received the Services, unless the parties agree otherwise. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents submitted to the Arbitrator by the parties, unless the arbitrator determines that a hearing is necessary.
(c) Unless applicable law provides otherwise, as determined by the Arbitrator, the parties agree that they will equally split all of the Arbitrator’s fees and costs. Each party will pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a claim that affords the prevailing party attorneys’ fees, the Arbitrator may award reasonable fees to the prevailing party as provided by law. If the law (including the common law) of the jurisdiction in which the arbitration is held requires a different allocation of arbitral fees and costs for this arbitration agreement to be enforceable, then such law will be followed, and any disputes in that regard will be resolved by the Arbitrator.
(d) The Arbitrator is authorized to issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is intended to be a speedy and efficient method for resolving disputes.
(e) Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable and be bound by applicable principles of law.
(f) The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
(g) The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the Arbitrator’s decision or award in any court of competent jurisdiction.
(h) Either DMMeHere or User may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section may be rendered ineffectual.
Regardless of any other terms of this arbitration agreement, claims may be brought before, and remedies awarded by, an administrative agency to the full extent applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate governed by the Federal Arbitration Act (such as the National Labor Relations Board, the U.S. Department of Labor or the Equal Employment Opportunity Commission). This arbitration agreement does not apply to any claim that may not be arbitrated as provided by an Act of Congress. The AAA Rules referenced herein may be found at www.adr.org or by searching for “AAA Commercial Arbitration Rules” using a service such as www.Google.com or www.Bing.com. This arbitration agreement is the full and complete agreement relating to the formal resolution of disputes covered by this arbitration agreement. If any portion of this arbitration agreement is deemed unenforceable, the remainder of this arbitration agreement will be enforceable. This arbitration agreement survives indefinitely after the termination of these Terms and/or after User ceases any relationship with DMMeHere. Notwithstanding any contrary language, this arbitration agreement may not be modified or terminated absent a writing signed (electronically or otherwise) by both User and an authorized representative of DMMeHere. CHOICE OF LAW These Terms are governed by and construed in accordance with the laws of the State of ___________________________, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred. NOTICES
You consent to receive from DMMeHere all communications, including notices, agreements, legally required disclosures or other information in connection with the
Platform (collectively, “Notices”) electronically. DMMeHere may provide such Notices by posting them on or within the Platform, by electronic mail to your email address on record in the DMMeHere’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding DMMeHere and other entities by electronic means to your mobile device and that certain information about your usage of the Platform may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device. SEVERABILITY If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. WAIVER If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms. ASSIGNMENT You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these Terms, including in any Agreement, as applicable, to any party without the prior written approval of DMMeHere in each instance. Any purported assignment in violation of this section shall be void. TERM AND TERMINATION This Agreement shall commence as of the date set forth in the first Order and, unless earlier terminated as set forth below, shall remain in effect through the end of the Subscription Term in any current Order. All sections of this Agreement which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability. Each party may terminate this Agreement or any Order upon at least 30 days prior written notice to the other party. If DMMeHere terminates an Order for Partner's material breach, all fees set forth on such Order are immediately due and payable. GENERAL
You may not assign these Terms without DMMeHere's prior written approval. DMMeHere may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of DMMeHere's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you,