Digitox App Terms of Service.
These Terms of Service (“TOS”) apply to you and Screenlake, Inc., having an address at 254 Chapman Rd, 208, #7499, Newark DE, 19702 ("Screenlake”) regarding your use of Screenlake's Digitox App (the “App”) and the Digitox. app website if used for hosting purposes (collectively the "Services"). Use of the Services is also governed by the Digitox Privacy Policy available at https://digitox.app/privacy, which is incorporated herein by reference in its entirety.
For United States residents, these TOS contain a binding arbitration clause in Article 7 and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section 8, you agree that any disputes arising between you and Screenlake will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.
As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 18 or older. If you are between the ages of 13 and 17, you are not allowed to use or otherwise access the Services.
By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.
Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services.
Screenlake may issue additional policies related to specific components of the Services. Your right to use the Services is subject to such relevant policies and these TOS.
1. Right to Use the Services.
1.1. Subject to these TOS, Screenlake hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
1.2. Except as previously set forth, you are not granted any other rights or licenses under these TOS. Screenlake retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, app recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Screenlake’s prior written consent. Screenlake reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, except for your privacy rights as set forth in our Privacy Policy.
2. Code of Conduct
You agree that you will not, under any circumstances:
2.1. Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
2.2. Use the Services in violation of any applicable law or regulation.
2.3. Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
2.4. Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
2.5. Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.
2.6. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
2.7. Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Screenlake, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
2.8. Post via the Service any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
2.9. Engage in ongoing toxic behavior via the Service, such as repeatedly posting information on an unsolicited basis.
2.10. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Screenlake employees, directors, officers, and customer service representatives.
2.11. Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a Screenlake employee, director or officer.
2.12. Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Screenlake, or to obtain any information from the Services using any method not expressly permitted by Screenlake.
2.13. Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
2.14. Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
2.15. Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
2.16. Engage in any act that Screenlake deems to conflict with the spirit or intent of the Services or make improper use of Screenlake's support services.
3. Third-Party Services
3.1. Services may include links to third-party services and/or the third-party services may be made available to you via Services. In such cases, these services are subject to respective third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which Screenlake is not a party.
4. Accounts and Login Information
4.1. In a situation where certain elements of the Services enable you to create an account or otherwise register with the Services (“Account”), you may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. Screenlake may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.
4.2. Screenlake reserves the right to delete your Account if Screenlake observes no activity by you in relation to the Account for 180 days or more. In such an event, you may no longer be able to access and/or use any Premium Features associated with that Account and no refund will be offered to you.
5. User Contributions
5.1. The Services may allow you to create content, including, but not limited to, graphical visualizations or screenshots or videos of your interactions with the Apps (collectively “User Contributions”).
5.2. In exchange for use of the Services, you hereby grant Screenlake a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
5.3. Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Screenlake's and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to Screenlake, and the foregoing waiver of any applicable moral rights, survives any termination of these TOS.
5.4. If you submit content to us (e.g., app ideas, app features, other product ideas, stories, screenplays, artwork, musical or audiovisual works, inventions, designs, concepts or any other creative materials, etc.) in any format, by means of any transmission (“Submitted Content”), you agree that such Submitted Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Submitted Content may be used and exploited in anonymized form by Screenlake without compensation to you or any third party and you grant Screenlake a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Submitted Content in all current or future media for any purpose and to create derivative works based upon the Submitted Content.
6. Communications between Users of the Services
6.1. Screenlake assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Screenlake does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.
6.2. By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. Screenlake may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.
6.3. Screenlake reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time Screenlake chooses, at its sole discretion, to monitor the Services, Screenlake nonetheless assumes no responsibility for content made available by users of the Services, and Screenlake assumes no obligation to modify or remove any inappropriate content.
7. Binding Arbitration / Class Waiver
7.1. If you are a United States resident or otherwise make any claim against Screenlake in the United States, you expressly agree that any legal claim, dispute or other controversy between you and Screenlake arising out of or otherwise relating in any way to Services, including controversies relating to the applicability, enforceability or validity of any provision of these TOS or Screenlake's Privacy Policy (collectively "Disputes"), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association ("AAA"), rather than in a court, as described herein. The arbitration will be governed by the AAA's commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively "Rules and Procedures"). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.
7.2. The arbitrator's award shall be final and binding on you and Screenlake and may be entered as a judgment in any court of competent jurisdiction.
7.3. Payment of arbitration costs will be governed by the AAA's fee schedule. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses. The place of arbitration shall be California, USA. The arbitration shall be governed by the laws of the State of Delaware, excluding its conflict of law rules. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
7.4. As an exception to the binding arbitration rule, to the extent a Dispute arises from:
(i) A violation of Screenlake's intellectual property rights in any manner;
(ii) Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of conduct” of these TOS;
(iii) and any claim for equitable relief;
then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party.
7.5. To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. You and Screenlake agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.
8. Suspension and Termination for your Breach
8.1. Without limiting any other remedies available to Screenlake, if Screenlake believes that you are in breach of these TOS, Screenlake reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Premium Features; (iv) reset and/or modify any app progression or benefits and privileges associated with you.
9. Availability of the Services
9.1. Screenlake may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if Screenlake believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these TOS.
9.2. Screenlake reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. an app or a feature of an app) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, Screenlake does not have to provide refunds for Premium Features or other items in connection with such discontinued Services.
10. Disclaimer
10.1. To the fullest extent permissible under applicable law, the Services are provided to you “AS IS” and “AS AVAILABLE” and with any and/or all faults and defects without warranty, assurances, or guarantees of any kind. It may have defects and/or faults, and your use is solely at your risk. Screenlake does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Screenlake does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Screenlake, its employees or other representatives constitute a warranty.
10.2. Without limiting the foregoing, neither Screenlake nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
10.3. Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.
11. Limitations of Liability
11.1. In no way will Screenlake be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Screenlake has been advised of the possibility of such damages. For purposes of this Section 12 “Limitations of Liability,” Screenlake’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.
11.2. In no way will Screenlake's total aggregate liability arising out of or in connection with these TOS, the Privacy Notice or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Premium Features; or (ii) one hundred US dollars ($100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Screenlake and you.
11.3. Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.
11.4. You agree to indemnify, defend and hold Screenlake (and Screenlake's officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
12. Links to Third-party Products and Services
12.1. Screenlake may link to third-party websites or services from the Services. You understand that Screenlake makes no promises regarding any content, goods or services provided by such third parties and, you understand Screenlake does not endorse them. Screenlake is also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to these third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand Screenlake's Privacy Notice does not apply in relation to such data.
13. Changes to these TOS
13.1. Notwithstanding Article 8 “Binding arbitration / Class Waiver,” Screenlake may update these TOS from time to time in response to changing legal, technical or business developments. When Screenlake updates these TOS, Screenlake will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes Screenlake makes.
13.2. By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.
14. Governing Law
14.1. These TOS are governed by the laws of the State of Delaware and applicable federal laws regardless of conflict of law provisions. [DA1] Your use of the Services may also be subject to other local, state, national, or international laws.
14.2. If the jurisdiction of your domicile prohibits Screenlake from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.
14.3. If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
15. US Legal Compliance
15.1. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo or sanctions, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
15.2. Translation Interpretation
16. Translation
16.1. These Terms and Conditions may have been translated from English into another language and made available to you as part of the Services. You agree that the original English text shall prevail in the case of a Dispute.
17. Copyright Policy and Digital Millennium Copyright Act (DMCA)
17.1. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures. Screenlake reserves the right to terminate your or any third-party's right to use the Service if such use infringes the copyrights of another. Screenlake may, under appropriate circumstances and at its discretion, terminate your or any third-party's right to access to the Service, if Screenlake determines that You or a third-party is a repeat infringer. If You believe that any material has been posted via the Service by any third-party in a way that constitutes copyright infringement, and You would like to bring it to Screenlake's attention, You must provide Screenlake's DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Service of the allegedly infringing work; (c) a written statement that You have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by You that the above information in your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner's behalf. The contact information for Screenlake's DMCA Agent for notice of claims of copyright infringement is: Screenlake, Inc., Attn: Copyright Agent 254 Chapman Rd, 208, #7499, Newark DE, 19702 email: legal@screenlake.com
18. Assignment, Severability and Entire Agreement
18.1. Screenlake may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Notice without Screenlake’s prior written consent, and any unauthorized assignment or delegation by you is void.
18.2. If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Screenlake’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
18.3. This TOS, including the Privacy Policy, sets out the entire agreement between you and Screenlake regarding the Services and supersede any and all earlier agreements and understandings associated with the Apps and/or between you and Screenlake.
18.4. Any failure by Screenlake to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of Screenlake.
19. Contact Us
If you have any questions about these TOS, please contact info@digitox.app