Terms and conditions 

Deeprio ApS (“Deeprio”) provides various services, including without limitation social media and social networking functions, news, information, interests, profile details, forums, dive site maps, photos and videos, experience sharing and uploading, and reviewing through its websites and applications (the “Deeprio Services”) and manufacture and sell dive computers and/or other accessories through its website at https://deeprio.com/ and/or other platforms or stores (the “Deeprio Products”). The Deeprio Services and Deeprio Products shall be collectively referred to as “Deeprio Products and Services” in this Deeprio Products and Services Terms of Use (“Terms of Use”).

 

THIS TERMS OF USE AND DEEPRIO PRIVACY POLICY GOVERN YOUR ACCESS TO AND USE OF DEEPRIO PRODUCTS AND SERVICES BY ANY MEANS INCLUDING BUT NOT LIMITED TO VIA ANY DEVICES OR SERVICES PROVIDED BY ANY OTHER THIRD PARTY. THEREFORE, PLEASE READ THIS TERMS OF USE CAREFULLY.

 

BY REGISTERING WITH, ACCESSING OR USING DEEPRIO PRODUCTS AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU FULLY UNDERSTAND THE TERMS AND CONDITIONS OF THIS TERMS OF USE; AND (B) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE.

 

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE, PLEASE DO NOT REGISTER WITH OR ACCESS TO DEEPRIO PRODUCTS AND SERVICES. IF YOU HAVE PURCHASED DEEPRIO PRODUCTS, YOU MAY RETURN THE DEEPRIO PRODUCTS WITHIN THE STATED PERIOD TO DEEPRIO WEBSTORE, SUBJECT TO THE TERMS AND CONDITIONS OF DEEPRIO WARRANTY INFORMATION AT x.

 

THIS TERMS OF USE IS A BINDING AGREEMENT BETWEEN YOU AND DEEPRIO, DEEPRIO RESERVES THE RIGHT TO UPDATE THIS TERMS OF USE AT ANY TIME.

 

1. Acceptance of Terms of Use

By registering with, accessing or using Deeprio Products and Services by any means (including but not limited to via, devices or services provided by any other third party), you are deemed to accept and agree to be bound by the terms and conditions of this Terms of Use, which may be modified in accordance with Section 15.1 of this Terms of Use.

 

2. Eligibility

You must be a major under the laws applicable to you to use Deeprio Products and Services. If you are a minor under the laws applicable to you, your parents or legal guardian must consent to this Terms of Use and complete the registration process on your behalf for you to use Deeprio Products and Services. By completing the registration process, it is deemed that you (if you are a major), or your parents or legal guardian (if you are a minor) represent and warrant that you (if you are a major) or your parents or legal guardian (if you are a minor) agree to this Terms of Use and bear all legal and financial responsibility and liability for the actions of you or activities or actions under your user account.

 

3. Privacy Policy

Deeprio values your privacy. Please review our Privacy Policy at x to learn more about how we collect and use your information.

 

4. Account Registration and Security

1. You are required to become a registered user for accessing Deeprio Products and Services. During the registration process you will be required to provide certain personal information and establish a user account and a password. By registering or by accessing Deeprio Products and Services, you are deemed to agree to: (a) provide accurate, current and complete information about you and promptly update such information thereafter to keep it accurate, current and complete; (b) maintain the security of your identification; and (c) accept all risks arising out of inaccurate, outdated or incomplete of information.

 

2. Deeprio reserves the right, in its sole discretion, (a) to refuse to provide Deeprio Services to any individual; and (b) to suspend or terminate your user account and remove the Content (as defined in Section 6.3 herein) submitted under the user account without prior notice and at our sole discretion if (i) any information provided during the registration process or later is inaccurate, not current or incomplete; (ii) activities or actions under your user account is alleged to be infringing our Member Conduct set forth in Article 6 herein; or (iii) Content submitted by you is alleged to be infringing the copyright of other people or otherwise illegal.

 

3. You shall not share your user account or password with any other third party, and you shall take reasonable measures to and due care in keeping your user account and password confidential and preventing your user account and password from being used by any other third party. You agree to take sole responsibility for any activities or actions under your user account, whether or not you have authorized such activities or actions. You will immediately notify Deeprio of any unauthorized use of your user account.

 

5. Ownership; Grant; Restrictions On Grant

1. You acknowledge and agree that Deeprio hereby grants you a non-transferable and non-exclusive license to use Deeprio Products and Services solely for your personal and non-commercial purposes and that Deeprio retains ownership of all right, title and interest to Deeprio Products and Services, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights, trademarks and trade secret rights) subject to the license granted in this Article 5.

2. Except as otherwise specifically permitted under this Terms of Use, you may not:

A) copy, imitate, develop or reproduce Deeprio Products and Services, including without limitation the model, design, interface, appearance and layout;

B) create any derivative works of any Deeprio Products and Services, including without limitation the model, design, interface, appearance and layout;

C) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any part of Deeprio Products and Services;

D) disseminate malicious software, programs, virus, worm or in other manner that destroys or crash Deeprio Products and Services;

E) distribute, transfer, sell, rent, lease, sublicense, or grant your user account of Deeprio Products and Services to any other third party;

F) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in Deeprio Products and Services;

G) use, access or tamper with non-public areas of Deeprio Products and Services, Deeprio’s computer systems, or the technical delivery systems of Deeprio’s providers;

H) probe, scan, or test the vulnerability of any Deeprio system or network or breach or circumvent any security or authentication measures;

I) access or search Deeprio Products and Services or download Content from Deeprio Products and Services by any means (automated or otherwise) other than through the currently available interfaces that are provided by Deeprio (and only pursuant to those terms and conditions) or other generally available third party web browsers;

J) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Deeprio Products and Services to send altered, deceptive or false source-identifying information;

K) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Deeprio or any of Deeprio’s providers or any other third party (including another user) to protect Deepblu Products and Services or Content; or

L) interfere with or disrupt (or attempt to do so) the operation of Deeprio Products and Services, the access of any user, host or network by any means or interfere with or create an undue burden on the Deepblu Products and Services.

 

6. Member Conduct

You agree not to use the Deeprio Products and Services to:

1)  upload, post, transmit, distribute or otherwise make available any Content that is illegal, offensive, threatening, abusive, harassing, pornographic, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

2)  promote discrimination, racism, hatred, harassment or harm against any person or group;

3)  impersonate any other third party or falsely state or otherwise misrepresent your affiliation with any other third party;

4)  upload, post, transmit, distribute or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

5)  upload, post, transmit, distribute or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other third party;

6)  upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes, or any other form of solicitation;

7)  upload, post, transmit, disseminate or otherwise make available any material that contains software viruses, malicious software, programs, worm or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8)  disobey, violate or ignore any code of conducts, requirements, procedures, policies or regulations of Deeprio Products and Services to the extent applicable to you;

9)  intentionally or unintentionally violate or encourage any conduct that would violate any applicable local, state, national or international law;

10)  promote, encourage or engage in terrorism violence or financial contribution to terrorist;

11)  stalk or otherwise harass other users of Deeprio Products and Services;

12)  collect or store personal data about other users of Deeprio Products and Services without their prior express consent or permission; and

13)  encourage, enable or assist any other third party to do any of the foregoing.

 

You acknowledge, consent and agree that Deeprio may access, preserve or disclose your user account information and Content if required to do so by applicable laws or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) enforce or administer our agreements with the users of Deeprio Products and Services, including investigation of potential violations hereof; (e) respond to your requests for customer service; (f) detect, prevent, or otherwise address fraud, security or technical issues; or (g) protect the rights, property or personal safety of Deeprio, the users of Deeprio Products and Services and the public.

 

For the purpose of this Terms of Use, “Content” means all information, data, profile, text, link, software, music, sound, photographs, graphics, video, messages, tags, information or other materials available on Deeprio Products and Services, including but not limited to those posted, uploaded, shared, submitted or made by you or other users of Deeprio Products and Services.

 

7. Submitted Content

1.  Deeprio may, in its sole discretion, permit you to submit, upload, post, transmit, distribute or otherwise make available Content on or through Deeprio Products and Services or in response to or in connection with Content previously provided via Deeprio Products and Services. By making available any Content through Deeprio Products and Services by any means, you hereby grant to Deeprio a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content on and through third party distribution channels selected by, but not affiliated with, Deeprio, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You also grant Deeprio the right to sublicense these rights to any third party for distribution via any third party distribution channels, which may include viral distribution of your Content. You agree that neither Deeprio nor any third party distribution channels have any obligation to provide any compensation to you for your Content or the licenses granted herein. You understand that Deeprio does not guarantee any confidentiality with respect to Content you submit.

 

2.  Except for the information that you may choose to keep private, YOUR CONTENT WILL BE VIEWABLE BY OTHER USERS OF DEEPBLU PRODUCTS AND SERVICES AND THE GENERAL PUBLIC THROUGH DEEPBLU PRODUCTS AND SERVICES AND/OR THROUGH OTHER THIRD PARTY SERVICES AND WEBSITES (INCLUDING SEARCH ENGINES). Hence, you should only provide Content that you are comfortable sharing with others under this Terms of Use. You further grant other users of Deepblu Products and Services the non-exclusive and free of charge license to access and share your Content through Deepblu Products and Services under this Terms of Use.

 

3.  You acknowledge that Deepblu may or may not monitor or pre-screen Content, but that Deepblu shall have the right (but not the obligation) in its sole discretion to monitor, pre-screen, refuse, or remove any Content that is available via Deepblu Products and Services, whether such Content violates this Terms of Use or not. 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.

 

4.  You understand that all Content, whether publicly posted or privately transmitted, directly through Deepblu Products and Services or through devices or services provided by any other third party, are the sole responsibility of the person from whom such Content originated. Therefore, you are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Deepblu Products and Services. Deepblu does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Deepblu Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Deepblu be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Deepblu Products and Services. You further represent and warrant that:

A)  you either are the sole and exclusive owner of all Content that you make available through Deepblu Products and Services or you have all rights, licenses, permissions, consents and releases that are necessary to grant to Deepblu the rights in such Content, as contemplated under this Terms of Use; and

B)  neither Content nor your posting, uploading, publication, submission or transmittal of Content or Deepblu’s use of Content (or any portion thereof) on, through or by means of Deepblu Products and Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, or be under obligation of any compensation or reimbursement to anyone.

 

8. Copyright Policy

Deepblu will respond to notices of alleged copyright infringement that comply with applicable laws and are properly provided to us. You may notify Deepblu of copyright infringement on Deepblu Products and Services by providing notice by e-mail to support@deepblu.com. Please provide the followings in your notice to Deepblu:

1.  identification of the copyrighted work claimed to have been infringed;

2.  identification of Content that is alleged to be infringing. Please provide Deepblu with detail and sufficient information for Deepblu to locate the allegedly infringing Content on Deepblu Products and Services;

3.  your contact information, including your full name, mailing address, telephone number, and email address, if available;

4.  a statement by you that you have a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;

5.  the following statement: “I swear, under penalty of perjury and/or false accusation, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner.”; and

6.  your signature

Please understand that Deepblu may cease handling the alleged copyright infringement if Deepblu finds out that the contact information is inaccurate, not valid or incomplete. In addition, Deepblu reserves the right to remove any Content alleged to be infringing or otherwise illegal without providing any prior notice to anyone at its sole discretion.

 

9. Idea, Proposal or Feedback

For the purpose of this Terms of Use, “Feedback” means any ideas, proposals, and feedbacks that you submit to Deepblu with regard to Deepblu Products and Services. 

When you submit or make available Feedback to Deepblu, you grant Deepblu the following worldwide, non-exclusive, perpetual, irrevocable, royalty free rights:

 

1.   to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, Feedback as part of any Deepblu product, technology, service, specification or other documentation;

2.   to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of Feedback (and derivative works thereof) as part of any Deepblu Products and Services; and

3.   to sublicense to any third party the foregoing rights, including the right to sublicense to further third party

 

For any Feedback you submit to Deepblu, you represent and warrant that:

 

1.   you have the right to disclose such Feedback to Deepblu and that such disclosure does not violate the rights of any other person or party;

2.   such Feedback does not contain confidential or proprietary information of any other third party;

3.   Deepblu is not under any obligation of confidentiality, express or implied, with respect to Feedback;

4.   Deepblu shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide;

5.   such Feedback automatically become the exclusive property of Deepblu without any obligation of Deepblu to you; and

6.   you are not entitled to any compensation or reimbursement of any kind from Deepblu under any circumstances.

You will indemnify and hold harmless Deepblu from and against any claims, losses, expenses and liabilities arising from breach by you of the foregoing representation and warranty.

 

If you experience or encounter any bugs, glitches, hitches or other problems on Deepblu Products and Services, please inform Deepblu immediately so that it can correct or improve accordingly. You can submit your requests and issues to support@deeprio.com.

 

You agree that you will not post, disclose, reveal, or make available any fact, aspect, opinion, bugs, glitches, hitches or other problems derived from your beta testing of Deepblu Products and Services. You further agree that you will indemnify and hold harmless Deepblu from and against any claims, losses, expenses and liabilities arising from your breach of the foregoing confidentiality obligations.

 

10. Contributions in Forum

1.   You understand and acknowledge that Deepblu Products and Services may contain online forum services, by which you and other users of Deepblu Products and Services may discuss, share experiences and information, raise questions and receive answers, and engage in communication (the “Forum”). All users of the Forum who provide experiences, information, answers, comments or any other form of communication on the Forum (“Contributors”) provide their experiences, information, answers, comments or any other form of communication on the Forum (the “Messages”) for informational purpose only. The Messages may be offensive, harmful, inaccurate, misleading, or inappropriate or may otherwise violate applicable law. Deepblu does not endorse or guarantee the completeness, accuracy, integrity or quality of the Messages and Deepblu does not monitor or control the Messages. The Messages created by Contributors are their sole creation and responsibility.

 

2.   The Messages may contain medical, legal or other professional information (the “Professional Contributions”). The Professional Contributions posted by Contributors are not intended to be medical, legal or other professional advice, instructions, diagnosis, examination, opinion or treatment, and no physician-patient, attorney-client relationship or other professional-client relationship is, or is intended to be, formed or established by the Professional Contributions provided by Contributors. The Professional Contributions are not the substitute for medical, legal or other professional advice, instructions, diagnosis, examination, opinion or treatment. The Professional Contributions are provided for informational purposes only, with no assurance that such Professional Contributions are true, correct, or accurate. No action should be taken, delayed, or deferred based on the Professional Contributions. The Professional Contributions are not the substitute for solicitation to offer medical, legal or other professional advice.

 

3.   DEEPBLU, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. IN NO EVENT SHALL DEEPBLU BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, OR LOST PROFITS) RESULTING FROM THE USE OF OR INABILITY TO USE THE FORUM OR THE MESSAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEEPBLU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEEPBLU IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE FORUM OR THE MESSAGES.

 

11. Links

Deepblu Products and Services contain links to other websites and online resources that Deepblu does not own, control, authorize, endorse or sponsor and you understand that by using Deepblu Products and Services and accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate, misleading or otherwise inappropriate or that may otherwise violate applicable law. You acknowledge and agree that Deepblu is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement, ownership, control, authorization or sponsorship by Deepblu of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. By using Deepblu Products and Services, you expressly release Deepblu from any and all liability arising from your use of any third-party website or online resources. Accordingly, Deepblu encourages you to be aware when you leave Deepblu Products and Services and to review the terms and conditions, privacy policies, and other governing documents of each website that you may visit.

 

12. Disclaimer Of Warranty

DEEPBLU PRODUCTS AND SERVICES PROVIDED HEREUNDER MAY CONTAIN CERTAIN ISSUES THAT HAVE NOT BEEN IDENTIFIED. DEEPBLU PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. YOU ARE ADVISED TO USE DEEPBLU PRODUCTS AND SERVICES WITH CAUTION AND NOT TO RELY IN ANY WAY ON PERFORMANCE OF DEEPBLU PRODUCTS AND SERVICES AND ACCOMPANYING INSTRUCTIONS OR MATERIALS. DEEPBLU MAKES NO WARRANTY THAT DEEPBLU WILL CONTINUE TO OFFER OR MAKE AVAILABLE DEEPBLU PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE FOR ANY PARTICULAR LENGTH OF TIME AND DEEPBLU RESERVES THE RIGHT TO CHANGE AND UPDATE DEEPBLU PRODUCTS AND SERVICES AND ANY SOFTWARE WITHOUT NOTICE TO YOU. DEEPBLU MAKES NO WARRANTIES OF ANY KIND IN CONNECTION WITH DEEPBLU PRODUCTS AND SERVICES, OR MODIFICATIONS OR IMPROVEMENTS THERETO. DEEPBLU SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DEEPBLU OR THROUGH DEEPBLU PRODUCTS AND SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF DEEPBLU PRODUCTS AND SERVICES.

THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS OF USE OR YOUR USE OF DEEPBLU PRODUCTS AND SERVICES.

 

13. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEEPBLU’S CUMULATIVE LIABILITY TO YOU AND OTHER USERS OF DEEPBLU PRODUCTS AND SERVICES OR ANY PARTY RELATED TO YOU AND OTHER USERS OF DEEPBLU PRODUCTS AND SERVICES FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS TERMS OF USE, OR ACCESS OR USE OF DEEPBLU PRODUCTS AND SERVICES SHALL NOT EXCEED THE AMOUNT OF [ONE HUNDRED] U.S. DOLLARS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL DEEPBLU OR ANY OTHER COMPANY OR INDIVIDUAL INVOLVED IN CREATING, PRODUCING, OR DELIVERING DEEPBLU PRODUCTS AND SERVICES OR CONTENT WILL BE LIABLE TO YOU AND OTHER USERS OF DEEPBLU PRODUCTS AND SERVICES OR ANY PARTY RELATED TO YOU AND OTHER USERS OF DEEPBLU PRODUCTS AND SERVICES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF DEEPBLU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

14. Indemnification

You agree to defend, indemnify, and hold Deepblu, its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of Deepblu Products and Services or Content; (b) your violation of this Terms of Use or the policies or agreements which are incorporated herein, including without limitation to privacy policy; and/or (c) your violation of any third-party right, including without limitation any intellectual property, confidential information or other proprietary right. The indemnification obligations under this section shall survive the termination or expiration of this Terms of Use or your use of the Deepblu Products and Services.

 

15. General Provisions

1. Modifications.

Deepblu reserves the right, at its sole discretion, to modify, discontinue or terminate Deepblu Products and Services or to modify this Terms of Use, at any time and without prior notice. If Deepblu modify this Terms of Use, Deepblu will post the latest revised version at [http://tinyurl.com/j4dp7gj] or in other ways that Deepblu deems appropriate. By continuing to access or use Deepblu Products and Services after Deepblu has posted a modification on the website of Deepblu or have provided you with notice of a modification, you are indicating that your agreement and express consent to be bound by the modified Terms of Use. You may also be asked to re-acknowledge and re-accept the Terms of Use following any material changes. If the modified Terms of Use are not acceptable to you, you must cease using Deepblu Products and Services.

2. Entire Agreement.

This Terms of Use constitutes the entire understanding between you and Deepblu and governs your use of Deepblu Products and Services and any prior or contemporaneous representations, either oral or written are hereby superseded.

3. Assignment.

Except as otherwise stated herein, you may not assign or transfer all or any part of your rights under this Terms of Use, by operation of law or otherwise, without Deepblu’s prior written consent. Any attempt by you to assign or transfer this Terms of Use, without such consent, will be null and of no effect. Deepblu may assign or transfer this Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, this Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

4. No Waiver.

No failure or delay of Deepblu to require performance by you of any provision of this Terms of Use shall in any way adversely affect Deepblu’s right to require full performance of such provision after that. No waiver by Deepblu of a breach of any provision of this Terms of Use shall be considered to be a waiver by Deepblu of any succeeding breach of such provision.

5. Severability.

If any provision or any portion of this Terms of Use shall be held to be void or unenforceable, the remaining provisions of this Terms of Use and the remaining portion of any provision held void or unenforceable in part shall continue in full force and effect.

6. Choice of Law and Forum.

The Terms of Use is governed by and will be construed according to the laws of [Republic of China] (including but not limited the validity, interpretation, construction, performance and enforcement of this Terms of Use, or any disputes or controversies arising from or related to this Terms of Use). Any dispute, controversy, difference or claim arising out of, relating to or in connection with this Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Association’s arbitration rules in force when the notice of arbitration is submitted. The place of arbitration shall be in Copenhagen, Denmark. The number of arbitrators shall be three. The language of the arbitration shall be in English.

 

16. Contacting Deepblu

If you have any questions about this Terms of Use, please contact Deepblu through info@deeprio.com.