Terms Of Service
Last Modified: June 1, 2019
DeepTruth, LLC (“DeepTruth” or “we”) reserves the right to change these terms and conditions of use (the “Terms of Service”) from time to time. Notifications of revisions to these Terms of Service will be posted on the web site and revised terms will become effective immediately.
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THIS WEB SITE OR APPS.
1. Web Site Limited License
As a user of this Web Site, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to access and use this Web Site in accordance with these Terms of Service and any written, signed agreement between you and DeepTruth. DeepTruth may terminate this license at any time for any reason subject to the requirements of any written, signed agreement between you and DeepTruth.
Upon termination of the license, you agree to terminate access to the Web Site and destroy any access codes to the VideoLock system provided by DeepTruth.
2. Limitations on Use; Third Party Communications
2.1. Limitations on Use
This Web Site is for your personal use only and not for commercial exploitation or use. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site without DeepTruth’s prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted herein. You may not use or otherwise export or re-export this Web Site or any portion thereof in violation of the export control laws and regulations of the United States of America. Any illegal or unauthorized use of this Web Site is prohibited. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Web Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web Site. You will use this Web Site in accordance with all applicable local, state and federal rules and regulations. You may not republish any of the proprietary reports created by the information gathered through the Web Site except for any use authorized in writing by DeepTruth or for your personal digital risk protection.
2.2. Third Party Communications
The Web Site may contain links to third-party service providers, content providers, websites, and/or platforms. DeepTruth is not related to any such third-party providers unless explicitly stated or identified as such. DeepTruth disclaims any and all liability for any third-party communications, content, or data you may receive or any actions you may take or refrain from taking as a result of any third-party communications, content or data. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any third-party communications, content, or data. DeepTruth assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any third-party communications, content, or data. As used herein, “third party communications” means any communications, content, or data directed to you from any third-party service providers, content providers, websites, and/or platforms, directly or indirectly connected with this Web Site.
2.3. Third Party Content
The Web Site may contain links to third-party applications, products, services, platforms, websites, and/or software. DeepTruth exercises no control over any such third-party applications, products, services, platforms, websites, and/or software and is not responsible for the performance, accuracy, reliability, or availability thereof. DeepTruth is not responsible or liable for any content, advertising, communications, or other materials available through third-party applications, products, services, platforms, websites, and/or software. DeepTruth is not responsible or liable, directly or indirectly, for any damage, loss, or harm caused to you by your use of or reliance upon any content, communications, goods, or services (or any information related to any applications, software, platforms, or websites) available through the third-party applications, products, services, platforms, websites, and/or software.
3. No Legal Advice
Information gathered through the use of this Web Site is not intended to and does not constitute legal advice and nothing herein creates an attorney-client relationship. The accuracy, completeness, or adequacy of the content, however available to you, is not warranted nor guaranteed. Any search results, whether resulting from text searches, image recognition, or similarity algorithms, are not warranted nor guaranteed, and are used at your own risk. Your use of the content on this Web Site or materials linked from this Web Site is at your own risk.
4. Intellectual Property Rights
All text, graphics, user interfaces, visual interfaces, trademarks, logos, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Web Site is owned, controlled or licensed by or to DeepTruth, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Service, no part of the Web Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web Site or other medium for publication or distribution or for any commercial enterprise, without DeepTruth’s express prior written consent. You may use information on DeepTruth products and services (such as articles or studies posted by DeepTruth) purposely made available for downloading from the Web Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. All information available through the Web Site (other than third-party information) is the exclusive property of DeepTruth and is also protected by copyright, trademark, service mark, patent, other intellectual property laws, and associated common law principles. This protection extends to all areas of the Web Site, including both subscriber and non-subscriber areas. Any recommendations or feedback provided to DeepTruth by you in connection with any improvements or modifications to the Web Site shall remain the property of DeepTruth.
You agree that you shall not, directly or indirectly, (i) sell, lease, assign, sublicense or otherwise transfer, (ii) duplicate, reproduce or copy, (iii) disclose, divulge or otherwise make available to any third party, (iv) use except as authorized by these Terms of Service, or (v) decompile, disassemble or otherwise analyze the Web Site including all trade secrets and confidential information therein, for reverse engineering purposes. You agree that you shall not permit any third party to have access to the use of the Web.
5. User Generated Contributions
The Site may invite you to upload videos, audios, and photos (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
5.1 The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
5.4 Your Contributions are not false, inaccurate, or misleading.
5.5 Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
5.6 Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
5.7 Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
5.8 Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
5.9 Your Contributions do not violate any applicable law, regulation, or rule.
5.10 Your Contributions do not violate the privacy or publicity rights of any third party.
5.11 Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
5.12 Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
5.13 Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
6. Contribution License
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion to edit, redact, delete, or otherwise remove any Contributions. We have no obligation to monitor your Contributions.
7. Web Site Links
You may provide links to this Web Site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Web Site, including any advertisements, terms, conditions, policies, copyright notices, and other notices on this Web Site, (b) you immediately deactivate and discontinue providing links to this Web Site if requested by DeepTruth, and (c) you understand that DeepTruth may deactivate any link(s) at its discretion.
8. Third-Party Content On Web Site
This Web Site may contain third-party content and such third parties are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. DeepTruth will not be responsible for the illegality of, any error, or other inaccuracy in any third-party materials or for any statements, acts, or omissions of any third-parties set forth on this Web Site.
9. Accounts, Passwords, Channel Name, and Security
Use of the services and products provided through this Web Site requires you to be a subscriber, including establishing a user id and password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify DeepTruth immediately of any unauthorized use or loss of your account or password, or any other breach of security. You may be held liable for losses incurred by DeepTruth or any other user of the Web Site due to someone else using your user identification, password or account as a result of your failing to keep your account information secure and confidential. DeepTruth has the right, in our sole and absolute discretion to edit, redact, delete, reassign, or otherwise remove your channel name.
10. Errors and Corrections
DeepTruth does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. DeepTruth does not warrant or represent that information or data available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. You agree that you will use the data in any material at your own risk. DeepTruth may make improvements, alterations, and/or changes to its features, interfaces, and/or functionality at any time and without obtaining consent from any subscriber, user, or customer. Additionally, DeepTruth offers Managed Services, including enforcement of intellectual property rights and other digital risk protection activities, as part of its products and solution offerings through this Web Site. With respect to these products and solution offerings, DeepTruth shall not be liable for any actions that are taken by any of its customer representatives (or other officers, employees, or agents) at the instruction of, the direction of, or request of a subscriber, customer, or user.
11. Third-Party Content
Third-party content, including but not limited to data, websites, platforms, software, or applications, may appear on this Web Site or may be accessible via links from this Web Site. DeepTruth shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography, or profanity in the data, statements, opinions, representations, or any other form of content contained in any third-party content appearing on this Web Site. You understand that the data, information, or opinions in the third-party content are neither endorsed by nor does it reflect the belief or opinion of DeepTruth.
12. Attorney Ethics Notice
If you are an attorney using the Web Site, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your use and that you will abide by these Rules which include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. DeepTruth disclaims all responsibility for your compliance with these Rules.
13. DISCLAIMER. DEEPTRUTH DOES NOT PROMISE THAT THE WEB SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ANY USE RELATED HERETO IS ON AN “AT OWN RISK” BASIS. DEEPTRUTH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEEPTRUTH DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR RELATED IN ANY WAY TO: (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE INCLUDING, BUT NOT LIMITED TO, DATA AND TECHNICAL INACCURACIES AND TYPOGRAPICAL ERRORS; (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS, DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED, TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THIS WEB SITE OR ANY THIRD-PARTY WEB SITE, DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS; (E) YOUR USE OF THIS WEB SITE OR ANY THIRD-PARTY DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS; OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THIRD-PARTY WEBSITE, CONTENT, DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS; OR (G) ANY SEARCH RESULTS, OR SEARCH FUNCTIONS, WHETHER RESULTING FROM SEARCHES OF THIRD-PARTY DATABASES, PLATFORMS, WEB SITES, SOFTWARE, APPLICATIONS, OR OTHERWISE, AND THE CONTENT THEREIN OR DERIVED THEREFROM.
IF YOU PROVIDE ANY INFORMATION TO DEEPTRUTH THROUGH THE WEBSITE YOU REPRESENT AND AFFIRM THAT YOU HAVE THE RIGHT AND AUTHORITY TO DO SO AND THAT YOU HAVE OBTAINED ANY NECESSARY CONSENTS OR AUTHORIZATIONS TO PROVIDE ANY SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO ANY INFORMATION COVERED BY ANY DATA PROTECTION LEGISLATION OR REGULATION, INCLUDING BUT NOT LIMITED TO THE EUROPEAN UNION GENERAL DATA PROTECTION REGULATION (“GDPR”), AND RELATED DATA PROTECTION LAWS. FURTHERMORE, YOU AFFIRM THAT FOR PURPOSES OF THE GDPR YOU ARE THE DATA CONTROLLER AND THAT DEEPTRUTH SERVES ONLY AS THE DATA PROCESSOR, ANY DATA PROCESSED BY THIS AGREEMENT WILL BE PROCESSED AND STORED IN ACCORDANCE WITH THE GDPR, AND THAT DATA WILL ONLY BE ACQUIRED AND STORED IN ACCORDANCE WITH THE PROVISIONS OF THE GDPR.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alternation of, or use, whether for breach of contract, tort, negligence or any other cause of action. You, as the customer, subscriber, or user agree that you shall have the sole responsibility for protecting your data and property used in connection with the Web Site and any related third-party websites, platforms, software, or applications.
DeepTruth reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Web Site (including any related third-party websites, platforms, software, or applications) or any portion thereof, for any reason; (2) to modify or change the Web Site, or any portion of the Web Site, and any applicable policies or terms; and (3) to interrupt the operation of the Web Site, or any portion of the Web Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Nothing contained herein is intended to prevent DeepTruth from making commercially reasonable changes, modifications, suspensions, or terminations of operations or access.
12. LIMITATION OF LIABILITY. DEEPTRUTH SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM: YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE SEARCH RESULTS OR SEARCH FUNCTIONS PROVIDED THEREIN OR RESULTING THEREFROM, OR ANY THIRD-PARTY WEBSITES, PLATFORMS, APPLICATIONS, OR SOFTWARE. DEEPTRUTH SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE INCLUDING ANY INFORMATION PROVIDED ON THE WEB SITE, OR FROM ANY THIRD-PARTY WEBSITES, PLATFORMS, APPLICATIONS, OR SOFTWARE, ANY RESULTING USE OF SUCH INFORMATION, OR ANY ACTIONS, OR INACTIONS, TAKEN BY ANY CUSTOMERS, USERS, OR SUBSCRIBERS OF THIS WEBSITE OR CLIENTS OR CUSTOMERS OF DEEPTRUTH. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, DEEPTRUTH’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
You agree to indemnify, defend and hold DeepTruth, its officers, directors, employees, agents, licensors, suppliers, and any third-party information, website, software, applications, or content providers to this Web Site, harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorney’s fees and costs, resulting from any of the following: (1) your use of this website; (2) your use of any of the information contained on this website, obtained from this website or related thereto, including from third parties; or (3) your violation of any of these Terms of Service.
14. Third-Party Rights.
The provisions of paragraphs herein re Disclaimer, Limitation of Liability, Errors and Corrections, and Indemnification are for the benefit of DeepTruth and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers, platforms, or web sites to this Web Site or related thereto. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. Unlawful Activity
DeepTruth reserves the right to investigate complaints or reported violations of our Terms of Service and to take any action DeepTruth deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user information, email addresses, usage history, IP addresses and traffic information.
16. Remedies for Violations
DeepTruth reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including but not limited to the right to block access from a particular internet address to this Web Site and any other DeepTruth web sites and their features.
17. Governing Law and Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any conflict of laws provisions, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in the State of Idaho, with venue in Ada County, Idaho, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
18. Independent Parties
Your use of the Web Site, or any services or products related thereto, shall not be construed as creating any joint venture, partnership, agency, or employment relationship between you and DeepTruth.
19. Additional Terms
19.2. Severability of Provisions
19.3. Modifications to Terms of Service
DeepTruth reserves the right to change these Terms of Service at any time. Any updated versions of the Terms of Service will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Service. Your continued use of this Web Site after any such changes constitutes your consent to such changes.
If you have any questions or concerns about the Web Site or these Terms of Service, please contact us at: info@DeepTruth.com
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