Terms of Service

This Agreement is between you and DML.Solutions Inc. ("Company", "we", "us" or "our") concerning your use of the Deamle service ("Deamle") including any access to or use of the site currently located at http://deamle.com/ and any mobile applications (each an "App"), as well as all other websites, mobile sites, services, applications, Apps, platforms and other tools where these terms appear or are otherwise referenced (together with any music, videos, podcasts, audiobooks, or other material that is made available therein ("Content")), and successor site(s) or Apps hereto, (collectively, the "Site"). References to "you" and "your" in this Agreement will refer to both the individual using the Site and to any such Organization (as defined below). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Site, or otherwise made available to you by Company.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT , OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.

IF YOU ARE A PARENT OR LEGAL GUARDIAN ENTERING INTO THIS AGREEMENT FOR THE BENEFIT OF A CHILD YOUNGER THAN 18, YOU ARE FULLY RESPONSIBLE FOR THEIR USE OF THE SITE AND THE CONTENT, INCLUDING ALL CHARGES AND LIABILITY THAT THEY MAY INCUR.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN "ORGANIZATION"), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 23 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. BY USING OR ACCESSING THE SITE YOU ARE ENTERING INTO THIS AGREEMENT, AND YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THIS AGREEMENT ALSO CONTAIN RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES.

Changes

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. The most current version of the Terms of Service will supersede all previous versions, except that any such changes will not apply to any Dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “ Last Updated ” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

Your Privacy & Information Submitted Through the Site

Your submission of information through the Site is governed by Company’s Privacy Policy, located at https://www.deamle.com/privacypolicy (the “Privacy Policy”). The privacy policy may be updated from time to time. You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

Jurisdictional Issues

Deamle is only available, and Content can be accessed only from, within the United States of America, including the District of Columbia and all territories and possessions under the jurisdiction of the United States. The Site is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Rules of Conduct

In connection with the Site, you must not:

• Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• Use the Site or Content for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Site.
• Impersonate any other person while using the Site.
• Conduct yourself in a vulgar or offensive manner while using the Site.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Restrict or inhibit any other person from using the Site.
• Use any device, software or routine that interferes with the proper working of the Site.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attempt to gain unauthorized access to any personal information that may be contained on the Site, the server on which the Site is stored, or any server, computer, database or information system connected to the Site.
• Collect, store or use personal information about other users of the Site without their consent.
• Attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site and/or the Content.
• Attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated.
• Reproduce, copy, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any Content on or portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent.
• Reverse engineer, decompile, copy, disassemble or otherwise reduce the computer file in which the Site or any Content is stored to a human-readable format, except where such restriction is expressly prohibited by applicable law.
• You may not decompile, copy, reproduce, reverse engineer, disassemble ,or otherwise reduce the computer file in which the Content is stored to a human-readable format.
• Remove any copyright, trademark or other proprietary rights notice from the Site or Content.
• Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.
• Systematically download, copy or store, in whole or in part, any portion of Site or Content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Content or Site material, text or content, or reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
• Any unauthorized copying or other activities that infringe upon the intellectual property rights of the Content owners, Company, and/or Deamle is strictly prohibited, and you expressly agree to the automatic termination of your Deamle account and invalidation of all unredeemed Deamle Tokens related to your account if you engage in any infringing activities.
• You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

Your Deamle Account

To access and use Deamle, you must open an account online (“Deamle Account”). During online setup of your Deamle Account, this Agreement will be provided electronically. You can access a printable/downloadable version of this Agreement by visiting https://www.deamle.com/tos.html.

Company reserves the right to suspend or terminate any account any time with or without notification to you in order to protect itself, its licensors, and its partners from what it believes to be fraudulent activity, misuse of the Site, or any breaches of this Agreement. Deamle is not obligated to credit or refund any Deamle Token purchases related to suspended or terminated accounts.

Deamle Minimum Technical Requirements

YOU MUST HAVE HIGH-SPEED INTERNET CONNECTIVITY, A DEAMLE ACCOUNT AND A DEVICE COMPATIBLE WITH THE DEAMLE PLATFORM TO USE DEAMLE. You will be responsible for all costs associated with procuring and maintaining the Internet connectivity and device(s) necessary to access and use Deamle, including but not limited to any internet connectivity, data transmission or airtime fees charged by internet service providers or mobile phone carriers while accessing the Site or Content.

Deamle is only available, and Content can be accessed only from, within the United States of America, including the District of Columbia and Puerto Rico.

Transactions

We may make available the ability to purchase or otherwise obtain Deamle Tokens through the Site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the Deamle Tokens will be used only in a lawful manner. Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product, including Deamle Tokens; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any product. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

Deamle Tokens

You may access the Content by purchasing Deamle tokens (“Deamle Tokens”) on the Deamle website through your web browser, which will be credited to your Deamle Account and may be redeemed on the Deamle website or in the Deamle App for access to Content through your account. Additional taxes may apply and tax rates are calculated based on the information you provide and the applicable rate at the time of your Transaction. These tax amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

A valid payment card method is required to process the payment for your Deamle Tokens. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all token purchases incurred through your account to any such payment instruments.

Monthly Auto-Recurring Token Purchases

You may purchase Deamle Tokens on ongoing monthly automatically recurring basis. Upon ordering a recurring monthly token purchase, you authorize us to automatically charge your chosen payment method on a recurring basis (monthly) for the Deamle Tokens you have ordered. This automatically recurring purchase will continue each month until you cancel your automatic purchase settings in your Deamle account. If your chosen payment method is denied, rejected, or invalid automatically recurring token purchases will be suspended until you update and/or provide valid payment card information and authorization.

All Token Purchases Personal, Final and Non-Refundable

All Deamle Tokens are individual and personal to you, are intended only for your use and may not be sold or transferred by you. Tokens have no cash value and may not be returned or refunded. All token purchases on your account are final and may not be returned or refunded.

Registration; Usernames and Passwords

You may need to register to use all or part of the Site. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your Site account.

Profiles and Forums

Site visitors may make available certain materials (each, a “Submission”) through or in connection with the Site, including on profile pages or on any of the Site’s interactive sections. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Site, you do so at your own risk.

License

For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

Digital Millennium Copyright Act

Company respects the intellectual property of others. If you believe that your work is accessible on the Site in a way that constitutes copyright infringement, please see our DMCA Policy available at https://www.deamle.com/dmca.html for instructions on how to contact us to report possible copyright infringement.

USER GENERATED CONTENT

The Site may allow you to upload, submit, store, send, or receive content and data such as comments, reviews, text, video, photos and data ("User Generated Content"). You may also submit User Generated Content in the other ways that you interact with us such as through social media, by email, by phone, and otherwise. You are solely responsible for your own User-Generated Content and the consequences of posting or publishing it to the Site. We do not endorse any User-Generated Content or any opinion or recommendation expressed therein. We may refuse to accept or transmit User Generated Content for any reason with or without notice. We may remove User Generated Content from the Site for any reason with or without notice.

When you upload, post, submit, send, or receive any User Generated Content to or through the Site, you give us a perpetual, worldwide, non-exclusive, irrevocable, fully-paid, royalty-free, fully sub-licensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media, and in any form, format, or forum now known or hereafter developed) your User Generated Content, in whole or in part, including future rights that we (including any successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You grant us and sublicensees the right to use the name that you submit in connection with such User-Generated Content, if they choose.

You further promise, warrant and represent that:

• you own all rights to your User Generated Content or, alternatively, that you have the right to give us the rights described above;
• your User Generated Content shall not contain or constitute viruses, political campaigning, commercial solicitation, affiliate links, chain letters, mass mailings or any form of "spam";
• your User Generated Content shall not be illegal, obscene, threatening, defamatory, constitute an invasive of privacy or infringement of any intellectual property rights, or otherwise be objectionable or injurious to third parties;
• your User Generated Content does not infringe the copyrights, other intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; and
• You shall not use a false email address or identity, or impersonate any person, or otherwise mislead us as to the source, origin, author or submitter of any User Generated Content.

We have the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content. We take no responsibility and assumes no liability for any User Generated Content. By posting User Generated Content, you agree to indemnify us for all losses resulting from any claims related to or arising out of the User Generated Content that you supply, as further explained under the section below titled “Indemnity”.

You also agree further that we are not responsible and shall have no liability to you for any User Generated Content posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material or content rests entirely with you.

USE OF SOCIAL MEDIA TAGS

When you use social media tags (such as on Instagram, Facebook, TikTok, Pinterest or X) that identify or are associated with Deamle, including without limitation @deamle, #deamle, or any other similar social media tag in any way related to us, you agree to provide us with an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce and use the uploaded content, including image(s), in Our (or our sublicensees’) marketing materials and through all social media channels.

Monitoring

We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Site, or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

Your Limited Rights

Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you have the limited, non-exclusive, revocable right to make personal, non-commercial use of the Deamle Site (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Company. You agree that you will not redistribute or transfer the Deamle Site or any Content. The Company software applications, the Deamle Site, and the Content are licensed, not sold or transferred to you, and Company and its licensors retain ownership of all copies of the Company software applications, Site and Content even after installation on your devices. You may not edit, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, translate, create derivative works from, transfer, alter, adapt, sell, rent, lease or sublicense any Content or the Site, or facilitate any of the foregoing.

You may not decompile, copy, reproduce, reverse engineer, disassemble ,or otherwise reduce the computer file in which the Content is stored to a human-readable format.

Remove any copyright, trademark or other proprietary rights notice from the Site or Content.

Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.

Systematically download, copy or store, in whole or in part, any portion of Site or Content.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Content or Site material, text or content, or reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

Any unauthorized copying or other activities that infringe upon the intellectual property rights of the Content owners, Company, and/or Deamle is strictly prohibited, and you expressly agree to the automatic termination of your Deamle account and invalidation of all unredeemed Deamle Tokens related to your account if you engage in any infringing activities.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

Company’s Proprietary Rights

We and our suppliers or licensors own the Site, and the Content which is protected by protected by copyright, patent, trademark, trade secret, laws relating to intellectual property, and other laws. Our trade names, trademarks and service marks include DML Solutions, Deamle, and any associated logos.

Any use or disclosure of the Site or the Content contrary to this Agreement or any unauthorized copying Content will result in substantial damages to us and/or our licensors and subject you to civil liabilities and/or criminal penalties.

All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

Third Party Materials; Links

Certain Site functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

Third Party Rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers, including but not limited to Apple and Google) are intended beneficiaries of this Agreement and have the right to enforce this Agreement directly against you. Other than as set out in this section, (1) this Agreement is not intended to grant rights to anyone except you and Company; and (2) in no event shall this Agreement create any third-party beneficiary rights.

Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at support@deamle.com with a description of such alteration and its location on the Site.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE SITE OR FOR THE PURCHASE OF DEAMLEE TOKENS IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AS WELL AS FOR THE BENEFIT OF ANY INTENDED THIRD PARTY BENEFICIARIES UNDER THIS AGREEMENT.

Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Submissions) or the Content; and (b) any violation or alleged violation of this Agreement by you. Company reserves the right, at its expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Company if and as requested by Company in the defense and settlement of such matter.

Termination

This Agreement is effective until terminated. Company may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–4, 8–21, and 23–29, as well as any sections or provisions of this Agreement that, by their nature, are intended to survive, shall survive any expiration or termination of this Agreement.

Governing Law; Arbitration; Jury Trial Waiver

This Agreement and any dispute, claim, and/or controversy that in any way relates to or arises in connection with this Agreement or your relationship with Company as a user of the Site ("Dispute") are governed by and shall be construed in accordance with the laws of the state of California, except to the extent preempted by or inconsistent with federal law. Further, you and Company agree to the exclusive jurisdiction of the federal or state courts located in Los Angeles County, California, to resolve any Dispute that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

SUBJECT TO THE “EXCEPTIONS TO ARBITRATION” SECTION BELOW, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL (NOT CLASS) ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement, and shall be conducted by a sole arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The prevailing party in any arbitration shall be entitled to attorney's fees and costs.

Exceptions To Arbitration

You and Company both agree that any Dispute relating to any actual or alleged infringement of your or Company's intellectual property rights shall be brought in the federal courts of Los Angeles County, California, and that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of your or Company's rights, at any time, to elect to have an individual action heard in: (1) a U.S. small claims court (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction); or (2) a court of law, in accordance with the jurisdiction and venue described in this "Governing Law; Arbitration; Jury Trial Waiver" section, seeking only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator. In addition, this arbitration agreement does not stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

Enforceability

If in the process of arbitrating or litigating a Dispute the arbitration provisions in this Agreement are invalidated in whole, the parties agree that they may seek to resolve the Dispute in a U.S. small claims court or in the federal or state courts of Los Angeles, California, consistent with the "Governing Law; Arbitration; Jury Trial Waiver" section above. To the fullest extent permitted by applicable law, each party may bring a Dispute against the other party only in an individual capacity and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. Notwithstanding the foregoing, either party may participate in a class-wide settlement.

Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.

Information or Complaints

If you have a question or complaint regarding the Site, please send an e-mail to support@deamle.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company is not liable for any failure of performance due to any cause beyond its reasonable control, including acts of God, fire, explosion, vandalism, terrorism, cable cut, major weather disturbance, pandemic, epidemic, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action or request by any government, civil or military authority, suspension of existing service in compliance with state and/or federal law, rules and regulations, or delays caused by you or your equipment.

Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of an App that is compatible with the iOS operating system of Apple Inc. (“Apple”, and any such App, an “iOS App”). Apple is not a party to this Agreement and does not own and is not responsible for any iOS App. Apple is not providing any warranty for any iOS App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for any iOS App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any iOS App, including any third party product liability claims, claims that an iOS App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of an iOS App, including those pertaining to intellectual property rights, must be directed to us in accordance with the “Information or Complaints” section above. The license you have been granted in this Agreement is limited to a non-transferable license to use each iOS App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that any iOS App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using an iOS App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

Google Play-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of an App that is compatible with the Android operating system of Google. (“Google”, and any such App, an “Android App”). Google is not a party to this Agreement and does not own and is not responsible for any Android App. Google is not providing any warranty for any Android App except, if applicable, to refund the purchase price for it. Google is not responsible for maintenance or other support services for any Android App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any Android App, including any third party product liability claims, claims that an Android App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of an Android App, including those pertaining to intellectual property rights, must be directed to us in accordance with the “Information or Complaints” section above. The license you have been granted in this Agreement is limited to a non-transferable license to use each Android App on a mobile device that runs Google’s Android operating system and is owned or controlled by you, or as otherwise permitted by the usage rules set forth in the Google Play Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using an Android App, such as your wireless data service agreement. Google and Google’s subsidiaries are third party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.