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Version 1.0
These terms and conditions govern your access to and use of this mobile application and any other Dribble branded or controlled website or section of a website (including, without limitation, a Dribble Facebook (Meta) page or Twitter account) (the ‘Mobile application’), any ‘Dribble’ branded applications (the ‘Apps’),and services, features and applications offered by Dribble Ltd (the “Services”) as updated from time to time. Other services or materials operated or provided by Dribble may be subject to other terms and conditions, which will be indicated to you prior to use. These terms and conditions constitute a legal agreement between you and Dribble (the ‘Agreement’). Please read them carefully before using the Services. By downloading, accessing or using the Services in any way, you are confirming that you have read and understood these terms and conditions and have agreed to be bound by them. Dribble may amend these terms and conditions at any time at its discretion. If these terms and conditions are amended, Dribble shall display the revised terms and conditions on the Services. You will be deemed to have accepted any amendments if you continue using the Services after the amendments are displayed. If you do not agree to comply with these terms and conditions or any amendments to them, please stop using the Services immediately.
1. USE OF THE SERVICES
1.1 Dribble operates and controls the Services and provides them to you in its absolute discretion.
1.2 In consideration of you agreeing to abide by these terms and conditions, we grant you a non-transferable, non-exclusive licence to download, access and use the Services for your own personal, non-commercial purposes and for no other purpose, subject to these terms and conditions and the privacy policy referred to at paragraph 9.
1.3 Dribble may withdraw or change the Services at any time in its absolute discretion, including, but not limited to, suspending access to the Services, and inserting advertising in the Services.
1.4 In consideration of Dribble permitting you to use the Services, you agree to comply with these terms and conditions. All other uses of the Services other than as set out in these terms and conditions are prohibited.
2. RESTRICTIONS AND UNAUTHORISED ACTIVITIES
2.1 Your permission to use the Services as set out in paragraph 1 above is conditional upon your compliance with these terms and conditions and is subject to the following restrictions:
(a) you must not access or in any way exploit any underlying data, code, content or other material provided by Dribble in conjunction with the Mobile application or Apps.
(b) you must not copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, or store any Content, including without limitation photos, images, text, music, video, audio, podcasts, data, software, source or object code, algorithms, analysis, formulas, or any other information available on or through the Service, including by an automated or manual process or otherwise;
(c) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services; and
(d) you must not (and must not authorise others to) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Mobile application or Apps other than as permitted pursuant to paragraph 1 above.
(e) you must comply with all laws and regulations when using the Services and must not use them for illegal or illegitimate purposes.
(f) you must not use the Services in any manner whatsoever that may prejudice or damage Dribble’s business.
(g) you must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services.
(h) you must not use the Services in a way that could damage, disable, overburden, impair or compromise Dribble’s systems or security or interfere with other users.
(i) you must not infringe our intellectual property rights or those of any third party in relation to your use of the Services.
(j) to the extent that the Mobile application is hosted on a third party mobile application (for example, Facebook or another social media mobile application) and there are separate terms and conditions of use relating to that third party mobile application, you agree to fully comply with such terms and conditions.
2.2 To the extent that you do not own the device(s) on which you access the Services, you will be assumed to have obtained permission from the owners of that device(s). You acknowledge that you and they may be charged by your and their service providers for internet access on the devices and that Dribble shall not be liable in any way for such costs.
3. Dribble’s PROPERTY
3.1 All intellectual property rights including, but not limited to, the Dribble brand, copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Services (together, the ‘Intellectual Property Rights’) are owned or licensed by Dribble. You acknowledge that rights in the Services are licensed (not sold or otherwise transferred) to you and that by using the Services, you will not acquire any right or interest in Services or in the Intellectual Property Rights. You further acknowledge that you have no right to have access to the Apps in source-code form.
3.2 You shall not:
(a) remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on the Services or pass off or attempt to pass off the Services as the product of anyone other than Dribble.
(b) use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Services or any part thereof.
3.3 You acknowledge that the Services includes content, pricing information, data and brand names owned by Dribble’s partners (‘Partner Materials’). The restrictions at paragraph 3.2 above shall apply equally to Partner Materials.
3.4 By using the Services, you undertake not to reverse-engineer any underlying software or circumvent any technological protections embodied in them.
3.5 You shall ensure that no disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock is introduced by you or anyone authorised by you onto the Services.
4. WARRANTIES
4.1 By using the Services and hence accepting these terms and conditions, you warrant and represent to Dribble that:
(a) you will not use the Services other than in accordance with these terms and conditions.
(b) you will not use the Services in any manner which may cause damage to Dribble or bring Dribble into disrepute.
(c) your use of the Services will not infringe the rights of any third party.
5. DISCLAIMER OF LIABILITY
5.1 Your use of the Services is entirely at your own risk. While Dribble will endeavour to ensure that the content of the Services is up-to-date and accurate, Dribble cannot guarantee the reliability or accuracy of the content contained in them and you should not rely on such content. You are responsible for the security of any data stored remotely on the electronic device used to access or use the Services and Dribble accepts no liability in respect of any loss or damage to such data.
5.2 Dribble makes no representations and does not warrant to you that the Services:
(a) are accurate, complete or up to date;
(b) will always be available;
(c) are secure or is free from errors, faults or defects.
5.3 Although there is currently no charge for the use of the Services, Dribble expressly reserves the right to charge for use of the Services or any part of them at a later date.
5.4 This Agreement sets out the full extent of Dribble’s obligations and liabilities in respect of the Services. You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into this Agreement (unless such untrue statement was made knowing that it was untrue) other than any remedy you may have for breach of the express terms of this Agreement. Accordingly, any condition, warranty or other term concerning the supply of or failure to supply the Services which might for this paragraph.
5.5 You should always obtain professional advice before making any decision which is prompted by the Services or information you have been provided by Dribble that may have legal or financial implications.
5.6 To the maximum extent permitted by the law (and except in respect of death or personal injury arising out of the negligence of Dribble or in respect of fraud or fraudulent misrepresentation) Dribble does not accept any liability for:
(a) any inaccuracies or omissions in the content of the Services, or
(b) any loss, damage, cost or expense of any kind incurred by you arising in connection with your access to, use of, or inability to use, the Services or any content contained in them, and by using the Services, you release Dribble from all such liability.
5.7 Dribble makes no representation that materials or information on the Services are appropriate or available for use in locations outside the United Kingdom and accessing or using the Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Services from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
5.8 Owing to the nature of the Internet and the fact that your access to the Services involves functionality outside Dribble’s control, Dribble is not responsible for technical problems that you may experience with the Services.
6. INDEMNITY
6.1 You will be responsible to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group arising out of your use of the Services or breach of these terms and conditions and, where you are a business, you agree to keep us fully and effectively indemnified from and against the same.
7. TERMINATION
7.1 Dribble may in its absolute discretion immediately terminate this Agreement upon notice to you. Dribble may suspend your use of the Services without notice at any time, without incurring any liability to you whatsoever.
8. CONSEQUENCES OF TERMINATION
8.1 Immediately upon termination of this Agreement:
(a) you will not have the right to use the Services and all permissions set out in paragraph 1 shall cease.
(b) you shall immediately delete any information received or used by you which relates to the Services, including deleting any cookies and copies of the Services and, where requested by Dribble, confirm in writing that you have done so.
9. PRIVACY
9.1 Dribble takes your privacy seriously and operates a privacy policy which can be found in the Privacy section of the Services. You acknowledge that your personal information submitted via this Services may be used by Dribble in accordance with its privacy policy.
10. LEGAL REMEDIES
10.1 You acknowledge that the unauthorised use of the Services may result in irreparable damage and injury to Dribble and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, Dribble, its affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available to them, to seek an immediate injunction against you prohibiting any further use of the Services.
10.2 Nothing in these terms and conditions shall be interpreted to limit the remedies available pursuant to statutory or other legal authority that Dribble, its affiliates and/or licensors may have.
11. INFRINGEMENT OF YOUR COPYRIGHT
11.1 We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the Services, please send a notification of the infringement to info@joindribble.com.
12. GENERAL PROVISIONS
12.1 The invalidity or unenforceability of any provision (in whole or part) of these terms and conditions shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these terms and conditions.
12.2 These terms and conditions are personal to you. You shall not be entitled to assign this Agreement in whole or in part to any third party without Dribble’s prior written consent.
12.3 These terms and conditions represent the entire agreement between Dribble and you and supersede any previous arrangements.
12.4 Any failure by Dribble to enforce any of the terms of these terms and conditions shall not be considered to be a waiver of them or the right to subsequently enforce any terms of these terms and conditions.
12.5 Irrespective of the country from which you access or use the Services, your use of the Services is governed in accordance with the laws of the United Kingdom and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of the United Kingdom.
13. SUPPORT
13.1 If you require further information about Dribble or have any suggestions concerning how to improve the Services, please contact us by using the email info@joindribble.com.