Terms of Service

GENERAL

Effective September 27, 2018

 

LICENSE TERMS AND CONDITIONS - APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS

 

These terms and conditions (“Terms”) set out important information regarding the rights, obligations and restrictions that apply to you as a “User” when you use or download Push Through Innovation Corporation’s Deepr software app known as Deepr (herein “Deepr” or “Application”) available on cell phones, tablets, and other mobile devices (herein “Device”) and any services offered in conjunction with the Application (herein “Services”). The Services may include content and media identification and exploration and, in some cases, access to related “Third Party Applications and/or Sites” that can be used in conjunction with the Services (for example, e-commerce providers, social networking sites, sites accessible via QR codes, information and access feature providers). The Services, where not specifically provided otherwise, are supplied by Push Through Innovation Corporation (“we,” us,” “our” or a similar pronoun). We are incorporated in the State of Delaware in the United States. You can contact us via email at: contact@deeprmusic.com.

 

These Terms may be accessed via the Application directly from your mobile device.

 

By using our Services, you (1) represent you are over the age of 13; and (2) agree to be bound by these Terms and any applicable laws regarding your use of Deepr. You must also pay any charges for the Services which may be applicable. DO NOT USE THE SERVICES IF THESE TERMS ARE UNACCEPTABLE TO YOU.

 

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect Personal Data online from children who are under 13. We do not knowingly collect or solicit Personal Data from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn we have collected Personal Data from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Data, please contact us at contact@deeprmusic.com. Please note that if you are located in the European Union, we do not knowingly collect or solicit Personal Data from children under 16, so if you are a child under 16 and you are located in the European Union, you should not attempt to register for the Service or send us any Personal Data.

 

Please note:

 

1. In the event that you are or become a paying customer of any part of the Application, we will provide to you relevant information regarding price, delivery procedure and cancellation options on a case–by-case basis, before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.

 

2. Once you start using Deepr, you hereby agree to waive any right to a limited period in which you could revoke your purchase or claim a refund upon cancellation of your purchase (also known as a cooling off period) (if any) available to you under any applicable e-commerce regulations or consumer protection laws. In the event a waiver of these rights is prohibited under the law, this cooling off period shall be limited to the minimum period permitted by law in each jurisdiction.

 

3. Each time you attempt to interact with Deepr, such as when you tag a music track for example, you will send data for which your network operator will charge at your usual data rates.

 

4. Unless otherwise specifically provided by us, our license to you under these Terms is personal to you and allows you to access and use the Application and the Services only on the Device on which the software was first installed. The license is not transferable to another person or another Device without our agreement, which will only be given in exceptional circumstances, or if otherwise expressly provided in these Terms.

 

USAGE POLICY

 

You agree to use the Services for non-commercial use and, above all, fairly. The Services are not to be used for commercial or performance monitoring purposes. Deepr reserves the right to limit your identification attempts, or cease to provide our Service to you without further notice.

 

We may change, suspend or discontinue any aspect of Deepr at any time, including the availability of any feature, database and/or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you. Continued use of the Application and/ or Services may require a download of new releases of software with different functionality and that may have different license terms.

COPYRIGHT

We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to us (“Notice”): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to info@deeprmusic.com with the subject line “COPYRIGHT”.

 

Please note that this procedure is exclusively for notifying us and our affiliates that (a) your copyrighted material has been infringed; (b) you have noticed any defamatory content published via Deepr; or (c) your personal privacy or that of your family has been violated in a manner that contravenes applicable local laws.

 

AVAILABILITY OF SERVICES

 

We will do our best to offer you a smooth service, but we give no guarantees that Deepr will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to our support team, at support@deeprmusic.com or by using our in-Application support options, and we will attempt to correct the fault as soon as we reasonably can.

 

We will occasionally restrict your access to the Application or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavor to keep disruption to a minimum.

 

New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.

 

LEGAL PROTECTION AND LIMITATIONS

 

Patent Pending

 

You acknowledge that Deepr’s Application is our property. You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) license to use Deepr or any Third Party Application for the purpose of accessing and using the Services. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application and/or Site. You will not copy any part of Deepr or any Third Party Applications and/or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Deepr or such Third Party Application and/or Site to any person.

 

You agree to not use Deepr to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of the Services; (ii) interfere with or disrupt Deepr or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of Deepr; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.

 

You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of Deepr and/or any Third Party Applications and/or Sites.

 

You agree to not use Deepr or export any portion of it in violation of U.S. export regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. list of prohibited or restricted parties.

 

YOUR USE OF DEEPR IS AT YOUR SOLE RISK. DEEPR IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (i) DEEPR WILL MEET YOUR REQUIREMENTS; (ii) DELIVERY OF ANY PORTION OF DEEPR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DEEPR WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (vi) ANY PORTION OF DEEPR OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE APPLICATION, WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

Under no circumstances will we or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use Deepr (and any other applications) which we license to you, any content delivered to you or Deepr, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a three (3) month period or the maximum amount of fifteen dollars ($15), whichever is higher. Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only, the above disclaimers, limitations or exclusions may not apply to you to their full extent.

 

You hereby indemnify and hold harmless, and upon our request, defend, (1) us, our affiliates and their respective directors, officers and employees; and (2) providers of Third Party Applications and/or Sites, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us, our affiliates, and providers of Third Party Applications and/or Sites, as applicable, on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon our request. We shall have the right, at your expense, to participate in the defense thereof under your reasonable direction.

 

Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence. Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.

 

We may assign our rights and obligation under these Terms without your prior consent to any new provider of the Services. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.

 

We may at any time terminate your account or prevent you from gaining access to Deepr. We will not be liable to you or to any third party for any failure, suspension and/or termination of access to Deepr in any way.

 

Deepr” is a trademark of Push Through Innovation Corporation. All trademarks, logos, designs and images used in connection with the Application, Website and Services remain the property of Deepr or their respective owners.

 

If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at contact@deeprmusic.com.

 

We may amend these Terms at any time by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version of the Terms will be included at the top of the Terms page. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.

 

Unsolicited Ideas and Feedback

 

We welcome your feedback on what we are currently doing (both positive and negative). If you want to send us your feedback, we ask that you contact us by e-mail at contact@deeprmusic.com. Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.

 

Please do not tell us anything that contains new or original ideas, in respect of which you might want, now or in future, to claim any form of proprietary rights. If, despite our request that you not send us your ideas, you still send them to us, then regardless of what you say to us, you agree that: (i) your submissions and their contents will automatically become our property, without any compensation to you; (ii) you will not assert against us any rights or ownership and you will not claim any reward (financial or otherwise) in respect of any such submissions; (iii) we may use or redistribute the submissions and their contents for any purpose and in any way; (iv) there is no obligation for us to review any material that you submit to us; and (v) there is no obligation to keep any such material confidential.

 

Resolving Disputes

 

These Terms and the relationship between you and us shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. In the event of a dispute, 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 emailing contact@deeprmusic.com with the subject line “DISPUTE”. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within Thirty (30) business days of submission, you or Deepr may bring a formal proceeding.

 

Any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms or to your relationship with us as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of Services) will be determined by mandatory binding individual (not class) arbitration. You and we further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or whether the claim or counterclaim should be arbitrated. The arbitrator must follow this provision and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

 

COPYRIGHT © 2017-2019 PUSH THROUGH INNOVATION CORPORATION. ALL RIGHTS RESERVED.

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