Last Updated: Nov 4th, 2014
The DilemmaMatch app ("DilemmaMatch") has been developed by the "Bright Side of Life" in Breukelen, The Netherlands (Hereafter "BSL", "we" or "us").
BY INDICATING YOUR ACCEPTANCE TO THESE "TERMS" BY REGISTERING OR USING A DILEMMAMATCH ACCOUNT, OR ACCESSING "DILEMMAMATCH SERVICES", YOU AGREE TO BE BOUND BY THESE "TERMS".
IF YOU DO NOT AGREE TO THESE "TERMS", DO NOT ACCESS OR USE THESE SERVICES.
The DilemmaMatch Services are owned and operated by BSL. These Terms do not alter or affect in any way the Terms and conditions of any other agreement you may have with BSL for products and services unrelated to DilemmaMatch. If you are using DilemmaMatch Services on behalf of any entity, you warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and BSL for any violation of these Terms.
Questions or Concerns
If you have any questions or concerns regarding any aspect of DilemmaMatch Services, please contact BSL by using the Contact form provided at http://dilemmamatch.com/contact or send an e-mail to firstname.lastname@example.org.
BSL is based in the Netherlands and the information we collect is governed by the law in the Netherlands. By accessing or using the DilemmaMatch Services or otherwise providing information, you consent to the processing and transfer of information in and to the Netherlands and other countries.
DilemmaMatch Services are not intended for use by anyone under the age of 13. If you are under the age of 18, or age of legal majority under applicable law, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by our Terms. By using DilemmaMatch Services you represent and warrant that (a) you have not been previously suspended or removed from DilemmaMatch and (b) you have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.
Registration and Account
In order to use the DilemmaMatch app, you will need to register for an account using a Facebook profile. You agree to (a) maintain and promptly update your Facebook account information; (b) maintain the security of your account by not sharing your password with others and restricting access to your account; (c) promptly notify BSL if you discover or otherwise suspect any security breaches related to the DilemmaMatch Services; and (d) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Copyright and Limited License
Unless otherwise indicated, the DilemmaMatch Services and all related content and materials including the DilemmaMatch and BSL logos/icons, and all designs, interfaces, text, graphics, pictures, videos, information, data and software provided by BSL (collectively, the "BSL Materials") are the proprietary property of BSL or our licensors or users and are protected by the Netherlands and international copyright laws.
You are granted a limited, non-exclusive and non-transferable license to access and use the DilemmaMatch Services and BSL Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the DilemmaMatch Services or BSL Materials; (b) the distribution, public performance or public display of any BSL Materials; (c) modifying or otherwise making any derivative uses of the DilemmaMatch Services and BSL Materials; (d) downloading (other than caching) of any portion of the DilemmaMatch Services, the BSL Materials or any information to which you have access using DilemmaMatch Services, except as expressly permitted by the DilemmaMatch Services application and website; (e) reverse engineering any software, methods, algorithms, or protocols used by DilemmaMatch Services, or (e) any use of the DilemmaMatch Services or BSL Materials other than for their intended purposes. Any use of our Services or the BSL Materials other than as specifically authorized in this paragraph, without the prior written permission of BSL, is strictly prohibited and will terminate the license granted to you. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations. Your license can be revoked by BSL at any time.
BSL, DilemmaMatch, the BSL logos, and any other BSL product or service names or slogans are trademarks of BSL, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BSL. In addition, the look and feel of our DilemmaMatch Services represents the exclusive branding of BSL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the DilemmaMatch Services are the property of their respective owners.
Hyperlinks and Third Party Websites
You are granted a limited, non-exclusive right to create a text hyperlink to DilemmaMatch Services for noncommercial purposes, provided such link does not portray BSL or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any BSL trademark, logo or other proprietary information, including the images found on the DilemmaMatch Services, the content of any text or the layout/design of any page or form contained on a page of the DilemmaMatch Services without BSL's express written consent.
BSL makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible via hyperlink or websites linking to DilemmaMatch Services. Such sites are not under the control of BSL and BSL is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. BSL and our users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by BSL of any site or third party. When you leave the DilemmaMatch Services, our Terms and policies are no longer applicable, and the policies of those third party sites will now apply. You should review the applicable Terms and policies, including privacy and data gathering practices, of any site to which you navigate from DilemmaMatch Services.
Third Party Advertisements and Promotions
BSL may run advertisements and promotions from third parties on the DilemmaMatch Services or may otherwise provide information about or links to third-party products or services via DilemmaMatch Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. BSL is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-BSL advertisements or other third party information displayed on DilemmaMatch Services.
The DilemmaMatch Services for Premium and Promo(tional) users allow users to create and store content comprising text, sound recordings, photos, videos, images, graphics, links and other items or materials on DilemmaMatch servers (collectively, "User Content"). You are solely responsible for your use of such features and agree that you use them at your own risk. You further agree not to post, link, send, distribute, store, create or otherwise publish through the DilemmaMatch Services any of the following:
User Content that is unlawful, libelous, defamatory, inflammatory, abusive, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable and/or disruptive;
- User Content that would constitute, encourage or provide instructions for a criminal offense or act of terrorism, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including addresses, phone numbers, email addresses, legal identification documents and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- User Content that, in the sole judgment of BSL, is objectionable or which restricts or inhibits any other person from using or enjoying DilemmaMatch Services, or which may expose BSL or our users to any harm or liability of any type.
The foregoing rules do not constitute a promise or expectation that the DilemmaMatch Services will not contain any User Content that is prohibited by such rules. BSL takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is BSL liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, BSL is not liable for any statements, representations or content provided by users via DilemmaMatch Services. When made aware of any infringement of our rules, either being notified by third parties, or using our own moderation service, BSL reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the DilemmaMatch Services at any time, for any reason and without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the DilemmaMatch Services at your sole cost and expense.
License to User Content
If you create, post, send or store User Content through the DilemmaMatch Services, you grant to BSL a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferrable and fully sublicenseable right to use, reproduce, distribute, modify, perform, display and otherwise use such User Content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to DilemmaMatch Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
You are solely responsible for your conduct while using DilemmaMatch Services, and you agree that you will not carry out any of the following activities in connection with the DilemmaMatch Services or our users:
- Use DilemmaMatch Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could reasonably be expected to damage, disable, overstress or impair the functioning of DilemmaMatch Services in any manner;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the DilemmaMatch Services or to extract data;
- Reverse engineer any aspect of DilemmaMatch Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of DilemmaMatch Services (except as otherwise expressly permitted by law);
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the DilemmaMatch Services for which you are not authorized;
- Attempt to indicate in any manner that you have a relationship with BSL or that we have endorsed you or any products or services for any purpose;
- Engage in any harassing, intimidating, predatory or stalking conduct likely to cause discomfort to other users;
- Develop any third-party applications that interact with the DilemmaMatch Services without our prior written consent;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Send any unsolicited commercial messages;
- Use the DilemmaMatch Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
- Circumvent or attempt to circumvent any filtering, security measures or other features.
You hereby grant to BSL a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicenseable and transferable right to use any questions, comments, feedback, suggestions, recommendations, ideas or other information regarding BSL or the DilemmaMatch Services provided by you to BSL ("Feedback"), in any manner and for any purposes whatsoever without compensation of any kind. The foregoing license will survive the termination of this Agreement.
Except as expressly provided to the contrary in a writing by BSL, the DilemmaMatch Services and BSL materials are provided on an "as is" basis without warranties of any kind, either express or implied. BSL disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as of DilemmaMatch Services, including the information, content and materials accessed on DilemmaMatch Services. BSL does not represent or warrant that the DilemmaMatch Services or BSL materials are accurate, complete, reliable, current or error-free.
While BSL attempts to make your access to and use of DilemmaMatch Services safe, BSL cannot and does not represent or warrant that DilemmaMatch Services or our server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and protect your devices from harmful components or downloads.
You agree to indemnify and, at our option, defend BSL, our directors, officers, employees and agents (collectively, the "BSL Entities"), from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of DilemmaMatch Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of a third party; or (e) your conduct iwhen using or accessing DilemmaMatch Services.
Limitation of Liability
In no event shall any BSL entity be liable for any special, incidental, indirect or consequential damages, including loss of use, loss of profits or loss of data, whether in an action in contract, tort (including negligence) or otherwise, arising out of or in any way connected with the use of or inability to use DilemmaMatch Services or BSL materials, including any damages caused by or resulting from reliance on any information obtained through DilemmaMatch Services, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to BSL's records, programs or services.
In no event shall the aggregate liability of BSL entities, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use DilemmaMatch Services or to these Terms exceed any payment made, if any, to BSL for access to or use of DilemmaMatch Services.
Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
These Terms are governed by and will be construed in accordance with the laws of the Netherlands, without reference to conflict of legal provisions.
Modifications to the DilemmaMatch Services
BSL reserves the right to modify or discontinue, temporarily or permanently, DilemmaMatch Services, or any features or portions of DilemmaMatch Services, without prior notice. You agree that BSL will not be liable for any modification, suspension or discontinuance of the DilemmaMatch Services, or any part of the DilemmaMatch Services.
BSL reserves the right, without notice and at our sole discretion, to terminate your right to use DilemmaMatch Services and to block or prevent your future access to and use of DilemmaMatch Services. In addition, BSL may terminate these Terms at any time by (a) sending notice of termination to you or (b) cancelling your DilemmaMatch account, with or without notice to you. Upon termination of these Terms, the licenses granted to BSL, warranty disclaimers, indemnification obligations, limitations of liability, Terms regarding applicable law and arbitration, and other provisions that, by their nature, are intended to survive termination will survive.
You agree that any notices or other account-related information sent to you electronically via Facebook message to your Facebook account used to register with BSL or at the email address otherwise designated in your DILEMMAMATCH account will be deemed to have been given by BSL in writing and received by you on the date sent by BSL.
BSL's failure to enforce any provision of these Terms shall not be deemed a waiver of the right to later enforce such provision or any other provision of these Terms.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall not affect the validity and enforceability of any remaining provisions.
These Terms contain the entire agreement and understanding between BSL and you with respect to the subject matter of these Terms, and supersedes all prior agreements relating to use of DilemmaMatch Services.