Last Updated: October 27, 2017
DocStorer Media LLC (“DocStorer” or “we”) is a company that creates, produces and distributes applications and websites (as defined below).
1. CERTAIN DEFINITIONS:
As used herein, the following capitalized terms shall have the meanings set forth as follows:
“Content” means and includes, without limitation, photos, images, artwork, graphics, text, editorials, comments, writings, personal information, liner notes, lyrics, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise.
“DocStorer Services” means any and all services, tools, software applications, and functionalities as may be provided on the DocStorer apps and websites from time to time.
“User Materials” means Content which users storing in DocStorer app database.
“Restricted and licensed content” please refer to explanations in section 13.
“Source code” – consists of the programming statements that are created by DocStorer Media LLC programmers with a text editor or a visual programming tool and then saved in a files.
2. LICENSORS/SUPPLIERS NOTICES & DISCLAIMERS
User have personal responsibility for all Content he storing in app. DocStorer app have no ability to monitor, report or block for inappropriate User Materials.
4. ELIGIBILITY; LIMITED USER LICENSE FOR DOCSTORER CONTENT:
Use of the DocStorer Services is void where prohibited by law. By DocStorer Services, you represent and warrant that: (i) you are at least 13 years of age; and (ii) your use of the DocStorer Services does not violate any applicable law or regulation. We may, in our sole discretion, refuse to offer the DocStorer Services to any user or entity that does not meet our eligibility criteria and we retain the right to change such eligibility criteria at any time.
You maintain all copyright and other proprietary notices contained in the DocStorer Code or any copy you may make of the DocStorer Code; (ii) you do not use the DocStorer Code in a manner that suggests an association with DocStorer or any of its Licensors/Suppliers or any of their products, services or brands; (iii) you do not modify the DocStorer Code; (iv) you do not allow or aid or abet any third party (whether or not for your benefit) (a) to copy or adapt the object Code of any of the DocStorer Services (b) reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code associated with any of the DocStorer Services or other products or processes accessible through the DocStorer Services; and (v) you do not insert any code or product to manipulate the DocStorer Code in any way that affects any user’s experience. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy, or distribute the DocStorer Code(except as may be a result of standard search engine or internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the DocStorer Code in any way for any public or commercial purpose except as expressly permitted by this Agreement or by DocStorer Media LLC.
5. USER CONDUCT:
DocStorer is glad to provide services to you, but you need to do your part as well. All of the DocStorer Services are solely for your personal use, and corporate or commercial use is expressly prohibited. You are solely responsible for all User Materials stored or distributed by you or through your device with DocStorer, including any email messages, and for all your interactions with other users. Your commitment to this agreement is extremely important.
We want all of our users to feel safe while using our services and enjoy your materials without worrying. In order to experience all of DocStorer’s amazing services we ask that you act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (i) violate any applicable law or regulation; (ii) store any materials that conflict with any of your representations and warranties set forth in Section 13 of this Agreement; (iii) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity, and/or contractual rights; (iv) use any content or information available on the DocStorer Services for any unauthorized purpose; (v) mislead users as to the features, functionality, origin, or capabilities of the DocStorer Services; (vi) interfere with or damage any of the DocStorer Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology; (vii) use any of the DocStorer Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information, or account numbers, or any defamatory materials of any kind, except where you have obtained express permission from such other person or entity in connection with any of the foregoing; (viii) use any DocStorer Services in connection with the distribution of unsolicited commercial e-mail (“Spam”) or advertisements; (ix) “stalk” or harass any other user of the DocStorer Services; (x) collect or store any information about any other user other than in the course of the permitted use of the DocStorer Services or (xi) assist any third party in doing any of the foregoing.
You are solely responsible for any interactions with DocStorer Services. DocStorer will not be responsible for any damage or harm resulting from your interactions with other any user of the DocStorer Services.
7. LICENSE FOR USE OF NAME AND LIKENESS:
You agree not to assert any privacy, publicity, moral or similar rights held by you (and to the extent any other person(s) whose name(s), photograph(s), performance(s), and/or biographical materials are embodied in your User Materials, you represent and warrant that you have obtained all necessary consents from such third parties consistent with the full scope of rights granted to DocStorer pursuant to this Agreement, and you agree that such persons shall not assert any intellectual property, privacy, publicity, contractual, moral, or similar rights, or make any claims that your User Materials are objectionable or otherwise defamatory) under the laws of the any country in connection with the exploitation of such materials as described hereunder.
11. THIRD PARTY SOURCE CODE:
The DocStorer Services may contain Source Code of third parties, including free source code and frameworks. DocStorer does not control Third Party Source Code and makes no representations or warranties about them. You understand that by using the DocStorer Services, you may be exposed to Third Party Source Code that are false, offensive, indecent or otherwise objectionable. Under no circumstances will DocStorer be liable in any way for any Third Party Source Code, including, without limitation, any errors or omissions in any Third Party Source Code or any loss or damage of any kind incurred as a result of the use of any Third Party Source Code. You agree to bear all risks associated with using or relying upon Third Party Source Code.
12. PROPRIETARY RIGHTS:
You acknowledge and agree that all DocStorer Services, Trademarks, and DocStorer Code are the property of DocStorer Media LLC and/or Licensors/Suppliers (as the case may be) and are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by DocStorer and/or Licensors/Suppliers (as applicable), you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, any Trademark or DocStorer Code, or otherwise use any Trademark or DocStorer Code in any way. You also agree not to retrieve data or other content or any materials from the DocStorer to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots” or otherwise.
13. REPRESENTATIONS AND WARRANTIES:
You represent and warrant that:
1. your User Materials (and DocStorer’s use thereof as contemplated under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity, or moral rights of any third party;
2. your User Materials do not and will not violate any law, statute, ordinance or regulation;
3. your User Materials do not and will not: (i) be defamatory, libelous, slanderous, or threatening; (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws; (iii) denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise; (iv) exploit images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s) for such exploitation); (v) encourage or otherwise depict glamorized drug use; (vi) make use of offensive language or images; (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous or desirable; (viii) contain your or any other individual’s personal contact information; (ix) promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without DocStorer prior written consent; and
4. your User Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of DocStorer or any third party.
You agree to defend, indemnify, reimburse, and hold DocStorer and its parent, subsidiary and affiliated entities, its Licensors/Suppliers, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney’s fees, costs and expenses and court costs) arising out of or related to: (i) your use of the DocStorer Services; (ii) DocStorer’s use of your User Materials; (iii) any breach or alleged breach of your representations and warranties and/or any breach, alleged breach, or violation of the notices, terms, and conditions hereof; and (iv) your violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from the storing and/or use of your User Materials as contemplated hereunder.
15. DOCSTORER’S PERFORMANCE:
DocStorer strives to provide you with the best possible experience, but we cannot guarantee that there will not be any errors or interruptions on our end. You acknowledge and agree that the operation of the DocStorer Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and DocStorer shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the DocStorer Services. There are no assurances whatsoever that any of your User Materials or any part or element thereof shall actually be utilized on any of the DocStorer Services or if so utilized continue to be available for any particular time. Notwithstanding the foregoing, DocStorer does not control the content of any User Materials and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content stored in the DocStorer Services. The DocStorer Services may be discontinued at any time, with or without reason and without any liability to you or to any third party for any modification or discontinuance of the DocStorer Services.
16. NO WARRANTY:
ALL OF THE DOCSTORER SERVICES, AND DOCSTORER CODE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCSTORER AND ITS LICENSORS/SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE DOCSTORER SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE DOCSTORER SERVICES.
IN ADDITION, ALTHOUGH DOCSTORER INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE DOCSTORER SERVICES, AND WHETHER OR NOT DOCSTORER IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, DOCSTORER DOES NOT WARRANT THAT THE DOCSTORER SERVICES, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE DOCSTORER SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING ANY OF THE DOCSTORER SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SUCH DOCSTORER SERVICES.
17. NO LIABILITY FOR THIRD PARTY USE:
DOCSTORER DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE USER MATERIALS MADE AVAILABLE ON THE DOCSTORER SERVIES BY YOU PURSUANT TO THE TERMS OF THIS AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF YOUR USER MATERIALS BY A THIRD-PARTY, AND NOT FROM DOCSTORER OR ANY OF ITS LICENSORS/SUPPLIERS. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR USER MATERIALS FROM DOCSTORER (WHETHER OR NOT WITH DOCSTORER’S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, YOU WILL SEEK REDRESS FROM THAT OTHER PERSON AND NOT FROM DOCSTORER OR ANY OF ITS LICENSORS/SUPPLIERS, AND THAT YOU WILL NOT HOLD DOCSTORER OR ANY OF ITS LICENSORS/SUPPLIERS RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
18. EXCLUSION OF DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL DOCSTORER, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES, OR LICENSORS/SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT DOCSTORER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE DOCSTORER SERVICES. IN NO EVENT SHALL DOCSTORER’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $1. YOU EXPRESSLY WAIVE ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR ANY USER MATERIALS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF YOUR USER MATERIALS BY DOCSTORER). THE PARTIES ACKNOWLEDGE AND AGREE THAT DOCSTORER HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN YOU AND DOCSTORER, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
19. GOVERNING LAW, VENUE, AND JURISDICTION:
You agree that the laws of the Kyrgyzstan, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Service, and any dispute of any sort that might arise between you and DocStorer or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Bishkek, and BOTH YOU AND DocStorer IRREVOCABLY consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the state and federal courts located in the Bishkek.
YOU AND DOCSTORER AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE OR THE SALE OF ANY PRODUCT OR SERVICE BY DOCSTORER SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE DOCSTORER PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to any products or services purchased by you on or through any of the DocStorer Services be instituted more than one (1) year after the cause of action arose.
DocStorer shall have the right to assign this Agreement in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of DocStorer.
All other notices, requests and other communications (“Communications”) under this Agreement must be emailed to firstname.lastname@example.org. No other form of notice shall be accepted under this Agreement.
23. ENTIRE AGREEMENT:
DocStorer reserves the right to change the terms of this Agreement from time to time in its sole discretion. By continuing to use any of the DocStorer Services after such notice and consent, you agree to be bound by the changes to this Agreement and the new terms of the Agreement shall govern all prior and future submissions of your User Materials.