DIRTY CODE

TERMS AND CONDITIONS OF SERVICE

Welcome to Dirty Code (“Dirty Code”, “We”, “Us”, “Our”) website (the “Dirty Code Site”), or web services, controlled, or offered by Dirty Code now or in the future (collectively, the “Dirty Code Services”). For clarity, any reference herein to “Dirty Code Services” includes the “Dirty Code Software.” Users who access, download, use, purchase and/or subscribe to the Dirty Code Services (collectively or individually “You” or “Your” or “User” or “Users”) must do so under the following Terms and Conditions of Service (this “Agreement”).

This agreement constitutes a legally binding agreement between you and Dirty Code. Before using any Dirty Code services, please read it carefully. by accessing, downloading, using, purchasing and/or subscribing to the Dirty Code services, you acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. if you do not agree to this agreement, then please cease using the Dirty Code services immediately.

We recommend that you save a copy of this Agreement for your records. You may receive a copy of this Agreement by emailing Us at: info@dirtycode.io, Subject: Terms of Service Agreement.

  1. AGE RESTRICTIONS AND SAFETY.

    1. No use by underage persons. no persons under the age of eighteen (18) years (or twenty-one (21) years in places where eighteen (18) years is not the age of majority) may directly or indirectly view, possess or otherwise use the Dirty Code services.
    2. You must be a legal adult. you hereby represent and warrant that you are currently eighteen (18) years of age or over (or twenty-one (21) years in places where eighteen (18) years is not the age of majority) and you are capable of lawfully entering into and performing all the obligations set forth in this agreement.
    3. Safety. Dirty Code is not responsible for your use of the Dirty Code services or for the actions of other users with whom you may exchange information or have contact. Dirty Code does not conduct criminal or other background screenings of its users. Dirty Code does not verify the information provided by users with respect to users' identity, health, physical condition, or otherwise. Dirty Code also is not responsible for activities or legal consequences of your use in locations which may attempt to criminalize or limit your personal interactions. You must make your own informed decisions about use of the application in your location and assess any potential adverse consequences.

  2. WARNING: IMPORTANT DISCLAIMER ABOUT LOCATION DATA.

    The Dirty Code services are intended only as personal, location-based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or the Dirty Code services could lead directly to death, personal injury, or severe physical or property damage. Dirty Code is not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use. Other products exist today that may be used specifically for these purposes.

  3. YOUR ACCOUNT REGISTRATION; YOUR ACCOUNT USE.

    1. Your Account Registration. If You create an account on any of the Dirty Code Services (a “User Account”) and submit information to Us, You must ensure that such information is accurate. You must promptly update such information if it changes.
    2. Accounts are for Your Use Only. You may not use anyone else's account at any time. You may not buy, sell, rent, or lease access to Your User Account or Your username without Our written permission. You will not share or otherwise transfer Your User Account or credentials.
    3. Security of Your Account. You are entirely responsible for maintaining the confidentiality of Your password and account. You are entirely responsible for any and all activities that occur under Your account. You agree to notify Dirty Code immediately of any unauthorized use of Your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys' fees that You may incur as a result of someone else using Your password or account, either with or without Your knowledge.
    4. We Have No Obligation to Retain a Record of Your Account. Dirty Code has no obligation to retain a record of Your account or any data or information that You may have stored for Your convenience by means of Your account or the Dirty Code Services. You are solely responsible for backing up your data (e.g., separately saving the contact information of individuals you meet through the Dirty Code Services).

  4. PRIVACY POLICY.

    Our collection, use, and sharing of personal and other information about You is subject to Our Privacy Policy. You consent to the collection, retention, use, and sharing of this information as set forth in Our Privacy Policy.

  5. SERVICE MODIFICATIONS.

    We reserve the right, at Our discretion, to modify, add, or discontinue the Dirty Code Services or any portion thereof, at any time, for any reason, and without liability to You except as provided in this Section 5. However, We reserve the right to make such modifications, additions, or discontinuances without such notice if needed to comply with law, protect or enforce legal rights, or otherwise to address or prevent an emergency. If We make material changes to the Premium Services that: (a) reduce the functionality available to You on such Premium Service and (b) are mandatory; You may terminate Your account accordingly within ten (10) days of such modifications (as provided in Section 10.2) and receive a pro-rata refund for any amounts pre-paid, but unused for such Premium Services. We reserve the right at any time to charge fees for access to all or portions of the Dirty Code Services and change any such pricing at any time provided that any changes will not affect the fees for any Premium Services that You have already paid for.

  6. OUR OWNERSHIP; OUR PROPRIETARY RIGHTS.

    The Dirty Code Services are owned and operated by Dirty Code. The Dirty Code Services, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Dirty Code Services (collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

  7. GUIDELINES OF YOUR USE; USAGE RULES; PROHIBITED CONDUCT & USES.

    1. Dirty Code's User Profile Guidelines, located at Community Guidelines (the “Guidelines”), as amended from time to time, are hereby incorporated into this Agreement by reference. Please read the Guidelines carefully before using the Dirty Code Services.
    2. We May Delete Your Submissions And We May Ban Your Account. Dirty Code may require that You delete, or Dirty Code may delete, any User Content (as defined below) at any time for any reason, or no reason whatsoever. Any violation of the Guidelines or this Agreement by Your User Content, as determined by Dirty Code, may result in Your User Account being banned and may lead to the termination of Your access to the Dirty Code Services.
    3. You understand and hereby acknowledge and agree to the following terms regarding prohibited conduct and uses listed below:
      1. You will NOT use the Dirty Code Services or any information displayed within the Dirty Code Services to “stalk,” harass, abuse, defame, threaten or defraud other Users; violate the privacy or other rights of Users; or collect, attempt to collect, store, or disclose without permission the location or personal information about other Users;
      2. You will NOT include offensive materials, or materials that are harmful in Your Dirty Code personal profile page;
      3. You will NOT use the Dirty Code Services for any commercial or non-private use, such as the sale or advertisement of goods or services, and You will use the Dirty Code Services for personal, non-commercial use only in the manner and for the purposes that We intend; You will NOT use the Dirty Code Services for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control;
      4. You will NOT include material on Your personal profile page which contains video, audio, photographs, or images of any person under the age of eighteen (18) or any person over the age of eighteen (18) without his or her express permission;
      5. You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other Users of the Dirty Code Services. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
      6. You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Dirty Code User Accounts of other Users;
      7. You will NOT misrepresent the source, identity or content of information transmitted via the Dirty Code Services;
      8. You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of the Dirty Code Services, features that prevent or restrict use or copying of any content accessible through the Dirty Code Services, or features that enforce limitations on use of the Dirty Code Services;
      9. You will NOT intentionally interfere with or damage operation of the Dirty Code Services or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
      10. You will NOT post, store, send, transmit, or disseminate any information or material objectionable, defamatory, libelous, offensive, harassing, threatening, embarrassing, distressing, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, regardless of whether this material or its dissemination is unlawful;
      11. You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person;
      12. You will NOT use the Dirty Code Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
      13. You will NOT use the Dirty Code Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Dirty Code Services could lead to death, personal injury, or physical or property damage;
      14. You will NOT attempt to gain unauthorized access to the Dirty Code Services, or any part of it, other accounts, computer systems or networks connected to the Dirty Code Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Dirty Code Services or any activities conducted on the Dirty Code Service;
      15. You will NOT probe, scan, or test the vulnerability of the Dirty Code Services or any system or network; use any robot, spider, scraper or other automated means to access the Dirty Code Services for any purpose without Our express written permission; bypass Our robot exclusion headers or other measures that We may use to prevent or restrict access to the Dirty Code Services; modify the Dirty Code Services in any manner or form; use or develop any application or other product that interacts with the Dirty Code Services or provides access to other Users' content or information without Our written permission; or use modified versions of the Dirty Code Services, including for the purpose of obtaining unauthorized access to the Dirty Code Services; and
      16. You will NOT interfere with anyone's ability to use or enjoy the Dirty Code Service, or aid or encourage any activity prohibited by this Agreement.

  8. PREMIUM SERVICES; PURCHASES.

    1. Premium Services. Certain Services, such as Dirty Code Plus or Dirty Code Pro, may be available only through creation of a User Account and payment of a fee (“Premium Services”). Through such accounts, You will have access to such Premium Services for a fixed term, which will automatically renew. The term, renewal period, and the total cost of each Premium Services offering will be provided within the Dirty Code Services or otherwise where the Premium Services are offered.
    2. Premium Services Automatically Renew. premium services automatically renew continuously at the end of your subscription period, and your payment method will be charged the then-current renewal price (plus applicable taxes) automatically, without any additional action by you. you acknowledge and agree that the premium services automatically renew unless you cancel them or we suspend or terminate them in accordance with this agreement.
    3. Cancellation Policy. you may cancel your premium services at any time, subject to the terms of this agreement. In order to cancel, you must follow the instructions given in the Dirty Code services. There are no cancellation fees. instructions for cancelling premium services may be obtained by email request to info@dirtycode.io.
    4. Purchases. We reserve the right to correct errors (whether by changing information on the Dirty Code Services or by informing You of the error and giving You an opportunity to cancel Your order) or to update information at any time without notice. We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. All sales are final.
    5. Payments Are Non-Refundable. Unless expressly provided otherwise in this Agreement, any and all payments made to Dirty Code are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due, except as otherwise expressly provided in this Agreement.
    6. Taxes. Unless specified otherwise at the time of purchase, all payments to Dirty Code are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties.

  9. YOUR USAGE.

    1. Dirty Code reserves the right, but has no obligation, to monitor any user's use of the Dirty Code Services, including a user's registration or messaging, as well as a user's use of or access to the location information and profiles of other users. Accordingly, Dirty Code also reserves the right to (a) disable any user's use of or access to the Dirty Code Services, including the location information or profiles of other users or (b) terminate any user's account, for any reason and without any notice or our being liable to you. refunds will only be given where expressly provided in this agreement.
    2. You alone are responsible for Your involvement with other Users and for all content and material that You provide to the Dirty Code Services. You agree that Dirty Code will not be responsible for any loss or damage incurred as the result of any such interactions. Dirty Code reserves the right, but has no obligation, to monitor disagreements between You and other Users.
    3. Dirty Code does not control the content of User Accounts and profiles. Dirty Code has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that You are solely responsible for all content and material that You provide to the Dirty Code Services.

  10. OUR REFUSAL OR SUSPENSION OF YOUR SERVICE.

    1. You may terminate Your Account at any time for any reason, by following the instructions given in the Dirty Code Services.
    2. If You have a User Account set up for recurring billing for a Premium Service, You may cancel Your User Account at any time. You will continue to have the same access for any billing period or periods for which You have paid.
    3. Dirty Code may suspend or terminate any User Account You have with the Dirty Code Services or Your access to or use of the Dirty Code Services or any portion thereof, if Dirty Code believes that Your profile content or Your conduct within the Dirty Code Services violates Our Terms of Service or you have otherwise breached this Agreement, or for any other reason, in its sole discretion. Dirty Code may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. You agree that any termination of Your access to the Dirty Code Services or any User Account You may have or portion thereof may be effected without prior notice, and You agree that Dirty Code will not be liable to You or any third party for any such termination. For example, We may deactivate Your User Account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all Your User Content from the Dirty Code Services upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the Dirty Code Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Dirty Code may have at law or in equity.
    4. You acknowledge and agree that Google, Apple, or another third-party platform provider (as applicable, based on the device and operating system You use) may be the merchant of record for transactions involving the Dirty Code Services. As such, you may need to request any refund to which You are entitled under this Agreement through the App Store, Google Play, or other third-party platform (as applicable).
    5. If You believe that Dirty Code has suspended or terminated Your User Account in error, You may contact Us at info@dirtycode.io at any time.

  11. USER CONTENT.

    1. The Dirty Code Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by You and other Users to Dirty Code and other Users (“User Content”), and the hosting, sharing and/or publishing of such User Content with Dirty Code and other Users.
    2. You are solely responsible for Your own User Content and the consequences of posting or publishing them. In connection with User Content, You represent and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Dirty Code to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Dirty Code Services and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Dirty Code Services and this Agreement. For clarity, You shall retain all of Your ownership rights in Your User Content.
    3. You understand that when using the Dirty Code Services, You will be exposed to User Content from a variety of sources, and that Dirty Code is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable.
    4. Dirty Code assumes no responsibility whatsoever in connection with or arising from User Content. Dirty Code assumes no responsibility for actively monitoring User Content for inappropriate content. If at any time Dirty Code chooses, in its sole discretion, to monitor User Content, Dirty Code nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content. Further, Dirty Code does not endorse and has no control over the content of User Content submitted by other Users. Dirty Code makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. Nonetheless, Dirty Code reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time.
    5. User Content is owned by the User who submitted it, subject to Dirty Code's license to such User Content under this Agreement. You may not share, display or duplicate the User Content of any other party, except as permitted under this Agreement.
    6. You hereby grant, and You represent and warrant that You have the right to grant, to Dirty Code an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your User Content, (through unlimited tiers of sublicenses), solely for the purposes of including Your User Content in the Dirty Code Services and as otherwise permitted by this Agreement. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. You also hereby grant to Dirty Code, in connection with a sale of Dirty Code or the assets of Dirty Code, the right to sell or transfer the User Content to a third party.
    7. If You provide Dirty Code with any feedback or suggestions regarding the Dirty Code Services (“Feedback”), You hereby grant Dirty Code the perpetual, irrevocable, worldwide license (with the right to sublicense) to use such Feedback and related information in any manner it deems appropriate. Dirty Code will treat any Feedback You provide to Dirty Code as non-confidential and non-proprietary to You. Dirty Code will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit to Dirty Code any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.

  12. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.

    1. The Dirty Code Services may include links to other web sites or services, whether through advertising or otherwise, (“Third-Party Websites”) solely as a convenience to Users. Dirty Code does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Dirty Code makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at Your own risk. We do not control these Third-Party Websites and this Agreement does not apply to companies that Dirty Code does not own or control, or to the actions of people that Dirty Code does not employ or manage. You should always check the terms of use posted on Third-Party Websites.
    2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Dirty Code Services are solely between You and such advertiser. You agree that Dirty Code will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Dirty Code Services.
    3. Parties other than Dirty Code may provide services or sell products via the Dirty Code Services. We are not responsible for examining or evaluating, and We do not warrant the offerings of any of these businesses or the content of their product and service offerings. Dirty Code does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the third parties' privacy statements and other terms and conditions of use.
    4. By Your use of third-party applications that connect with the Dirty Code Services (“Third-Party Applications”), You acknowledge and agree that Dirty Code may transmit User Content to Third-Party Websites or Third-Party Applications through application protocol interfaces developed and maintained by those Third-Party Websites or Third-Party Applications. Dirty Code is not responsible for the transmission of the User Content from the Dirty Code Services to Third-Party Websites or Third-Party Applications, nor the use of the User Content on any Third-Party Websites or Third-Party Applications. You should review the terms of service and privacy policies of any Third-Party Websites or Third-Party Applications. Dirty Code is not responsible for and does not endorse any features, content, or other materials on or available from Third-Party Sites or Third-Party Applications. Dirty Code also does not screen, audit, or endorse Third-Party Sites or Third-Party Applications. Accordingly, if You decide to access Third-Party Sites or Third-Party Applications, You do so at Your own risk and agree that Your use of any Third-Party Sites or Third-Party Applications is on an “as-is” basis without any warranty as to the Third-Party Sites or Third-Party Applications' actions, and that this Agreement does not apply to Your use of any Third-Party Sites or Third-Party Applications.
    5. You acknowledge and agree that Dirty Code may incorporate Your User Content and location information for User Accounts from the Dirty Code Services with third-party information sources and third-party applications in the provisioning of the Dirty Code Services.
    6. To the extent that any of Your User Content contains Your personal data (as defined in the Privacy Policy), any transfer of such Personal Data will be subject to the Privacy Policy.
  13. ADVERTISING. Dirty Code and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You.

  14. END USER LICENSES.

    1. License Grant. Subject to Your compliance with the terms of this Agreement, Dirty Code hereby grants You a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the Dirty Code Software for Your Account owned or leased solely by You, for Your personal, noncommercial use and (ii) use the Dirty Code Services (other than the Dirty Code Software) for Your personal, noncommercial use for the use intended by Dirty Code, as publicly communicated by Dirty Code from time to time.
    2. Restrictions. You may NOT: (i) modify, disassemble, decompile or reverse engineer the Dirty Code Services or any technology made available in connection with the Dirty Code Services, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Dirty Code Services to any third party or use the Dirty Code Services to provide time sharing or similar services for any third party; (iii) make any copies of the Dirty Code Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Dirty Code Services, features that prevent or restrict use or copying of any content accessible through the Dirty Code Services, or features that enforce limitations on use of the Dirty Code Services; or (v) create extensions of, products related to, or that interoperate with, the Dirty Code Services, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver; or (vi) delete the copyright and other proprietary rights notices on the Dirty Code Services.
    3. Upgrades. You acknowledge that Dirty Code may from time to time issue upgraded versions of the Dirty Code Services, and may automatically electronically upgrade the version of the Dirty Code Services. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Dirty Code will not be liable to You for any such upgrades.
    4. Open Source. To the extent that the Dirty Code Services utilize any open source or third-party code that may be incorporated in the Dirty Code Services, such open source or third-party code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits Your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for such open source software. Please contact us at info@dirtycode.io
    5. Rights Reserved. The foregoing license granted under this Agreement is not a sale of the Dirty Code Services or any copy thereof and Dirty Code or its third-party partners or suppliers retain all right, title, and interest in the Dirty Code Services (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Dirty Code reserves all rights not expressly granted under this Agreement.
    6. Trademarks, Service Marks and Logos. The names and logos associated with the Dirty Code Services are the property of Dirty Code. No use of these marks is permitted except through the prior written authorization and permission of Dirty Code. All rights reserved.

  15. OUR DISCLAIMERS; NO WARRANTIES TO YOU.

    1. Certain state, provincial, and national laws do not allow limitations on implied warranties. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
    2. The Dirty Code services and any software, services, or applications made available in conjunction with or through the Dirty Code services are provided, to the fullest extent permitted by law, “as is”, “as available”, and “with all faults”, and without warranties of any kind either express or implied. Dirty Code, and its suppliers, affiliates, and licensors, disclaim all warranties, express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
    3. Dirty Code and its suppliers and licensors, do not warrant that the functions contained in the Dirty Code services will be uninterrupted or error-free, that defects will be corrected, or that the Dirty Code services or the server that makes them available are free of viruses or other harmful components.
    4. Dirty Code and its suppliers and licensors (including Dirty Code's third-party wireless carrier licensors) do not warrant or make any representations regarding the use or the results of the use of any location information or the other Dirty Code services in terms of security, safety, correctness, accuracy, reliability, or otherwise. you (and not Dirty Code or its suppliers or licensors) assume the entire cost of any necessary services or equipment necessary to access the Dirty Code services. you understand and agree that you download or otherwise obtain material or data through the use of the Dirty Code services at your own discretion and risk.
  16. YOUR INDEMNIFICATION OF US; YOU HOLD DIRTY CODE HARMLESS. You agree to indemnify, defend, and hold Dirty Code (and its affiliated companies, contractors, employees, agents, and suppliers and licensors) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, brought by a third party arising out of or related to (a) Your use or misuse of any location information or the other Dirty Code Services generally, (b) any violation of the rights of any other person or entity by You, (c) any alleged breach or violation by You of this Agreement, or (d) Your use of the Dirty Code Services to meet another User in person or to locate and attend any offline place or event. Dirty Code reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the Dirty Code Services.

  17. LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES.

    1. Certain state, provincial, and national laws do not allow limitations on liability. If these laws apply to you, some or all of the provisions below may not apply to you.
    2. You acknowledge and agree that, to the fullest extent permitted by applicable law, under no circumstances, including negligence, will Dirty Code (which includes, for purposes of this section 17, its affiliates, contractors, employees, agents, or third-party licensors or suppliers) be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) your use of the Dirty Code services; (b) our disclosure, display, or maintenance of your location information; (c) your use or inability to use the Dirty Code services; (d) the Dirty Code services generally (including the Dirty Code software) or systems that make the Dirty Code services available; or (e) any other interactions with Dirty Code or any other user of the Dirty Code services, even if Dirty Code or a Dirty Code authorized representative has been advised of the possibility of such damages. you agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and, to the extent permitted by law, will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
    3. You acknowledge and agree that, to the fullest extent permitted by applicable law, under no circumstances, including negligence, will Dirty Code (which includes, for purposes of this section 17, its affiliates, contractors, employees, agents, or third-party licensors or suppliers) be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) your use of the Dirty Code services; (b) our disclosure, display, or maintenance of your location information; (c) your use or inability to use the Dirty Code services; (d) the Dirty Code services generally (including the Dirty Code software) or systems that make the Dirty Code services available; or (e) any other interactions with Dirty Code or any other user of the Dirty Code services, even if Dirty Code or a Dirty Code authorized representative has been advised of the possibility of such damages. you agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and, to the extent permitted by law, will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
    4. This section 17 is not intended to exclude liability that Dirty Code may not exclude under applicable law.
  18. YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH DIRTY CODE. You acknowledge and agree that Dirty Code has offered the Dirty Code services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth above. you further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and Dirty Code, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and Dirty Code. Dirty Code would not be able to provide the Dirty Code services to you on an economically reasonable basis without these limitations and disclaimers.
  19. YOU RELEASE US. To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Content provided by, other Dirty Code Services Users or (2) any third-party site, products, services, and links included on or accessed through the Dirty Code Service.
  20. RESOLVING OUR DISPUTES. You and Dirty Code agree that any dispute that has arisen or may arise between us relating in any way to Your use of or access to the Dirty Code Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Dirty Code in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section 20.
    1. Informal Resolution. If You have any dispute with Us, You and We agree that before taking any formal action, You will contact Us at info@dirtycode.io, provide a brief, written description of the dispute and Your contact information (including Your email address associated with Your User Account, if Your dispute relates to an account) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with You.

  21. NOTICE AND TAKEDOWN POLICY.

    1. Dirty Code respects intellectual property rights and expects its Users to do the same. Dirty Code will promptly terminate without notice the accounts of Users that are determined by Dirty Code to be “repeat infringers.” A repeat infringer is a User who has been notified by Dirty Code of infringing activity violations more than twice and/or who has had a User Content removed from the Dirty Code Services more than twice. (Note that we reserve the right to terminate accounts for a single infringement as well pursuant to Section 7.3.)

  22. MISCELLANEOUS PROVISIONS.

    1. Severability, Waiver of Agreement Provisions. You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
    2. Notices. Dirty Code may provide You with notices, including those regarding changes to this Agreement, by email or postings on the Dirty Code Services. You hereby consent to the use of electronic communications. To give Dirty Code notice, you may do so through the physical and email addresses provided in Section 22.7 and such notice will be effective upon receipt.
    3. You May Not Assign, But Dirty Code May. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, Dirty Code may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.
    4. Survival of Provisions. The following Sections will survive any termination of this Agreement or any termination of Your use of or subscription to the Dirty Code Services: 1-2, 3.3, 3.4, 4-6, 8.7, 9, 11-13, 14 (excluding 14.1), and 15-22,
    5. No Third-Party Beneficiaries. Dirty Code's past, present, and future affiliates (i.e., companies controlling, controlled by, or under common control with Dirty Code) are third-party beneficiaries of all the rights, protections, and benefits afforded Dirty Code under this Agreement. Otherwise, there are no third-party beneficiaries to this Agreement.
    6. Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This Agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.
    7. Our Disclosures; Your Inquiries. The services hereunder are offered by Disty Code. If you have a question or complaint, you may reach us at the address above or at: info@dirtycode.io.

SPECIAL TERMS FOR INTERNATIONAL USERS

  1. UNITED KINGDOM and EUROPEAN UNION. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a UK resident to the extent required by applicable law:
    1. Cancellation within 14-day cancellation period. You have the right to cancel Your Dirty Code Premium Services within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from Your purchase of the Dirty Code Premium Services. To exercise the right to cancel Your Dirty Code Premium Services during the fourteen (14) day cancellation period, You must inform Us at info@dirtycode.io of Your decision to cancel by a clear statement. We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. There are no separate cancellation fees but there are no refunds except as provided herein. We will refund You a pro-rata amount of the Premium fee for the unused period of Your Premium Services. You will still be required to pay a Premium Service fee for the period of Your Premium Services until You communicated to Us Your cancellation, and We will therefore not refund You for that portion of Your Premium Services. We will make the refund without undue delay and not later than fourteen (14) days after the day on which We are informed about Your decision to cancel Your Premium Services. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
    2. Exceptions to Liability Limitations. Nothing in this Agreement excludes or limits Dirty Code's (or its affiliated companies', contractors', subcontractors', directors', officers', employees', agents', third party suppliers' or licensors') liability for death or personal injury arising from Our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
  2. SPAIN. In addition to the terms set forth above for EU residents, and superseding conflicting terms in this Agreement, the following terms apply to You if You are a Spanish resident to the extent required by applicable law:
    1. Language. The Spanish version of this Agreement will control.
    2. Modifications. Dirty Code will inform You of any relevant modification of the Services and/or Guidelines as well as of any changes to these terms and conditions.
    3. Moral Rights. Your moral rights over Your User Content will not be assigned or waived. PORTUGAL. In addition to the terms set forth above for EU residents, the following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Portuguese resident to the extent required by applicable law:
  3. PORTUGAL. In addition to the terms set forth above for EU residents, the following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Portuguese resident to the extent required by applicable law:
    1. Language. The Portuguese version of this Agreement will control.
    2. Modifications. Dirty Code will inform You of any relevant modification of the Services and/or Guidelines as well as of any changes to these terms and conditions.
    3. Moral Rights. Your moral rights over Your User Content will not be assigned or waived.
  4. GERMANY. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a German resident to the extent required by applicable law:
    1. Consent to Deletion of Data. You understand that through Your use of the Dirty Code Services, You consent to the deletion of Your data, (e.g. Your chat messages) to other users as soon as they are delivered.
    2. Termination. Dirty Code may only terminate Your account if You breach this Agreement or violate the law. Dirty Code will issue any refunds required by German law in the event of termination. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
    3. Moral Rights. Your moral rights over Your User Content will not be assigned or waived.
  5. CANADA. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Canadian resident to the extent required by applicable law:
    1. Cancellation Rights. Residents of certain Provinces may have the right to cancel Premium Services as required by local law. Dirty Code will honor such cancellation rights.
  6. AUSTRALIA. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Australian resident to the extent required by applicable law:
    1. Reverse Engineering. The restriction on the modification, disassembly, decompilation or reverse engineering of the Dirty Code Services is subject to Your rights under Part III Div 4A (“Acts not constituting infringement of copyright in computer programs”) of the Copyright Act 1968 (Cth).
    2. Consumer Guarantees. Dirty Code's liability for failure to comply with any applicable consumer guarantee arising under Part 3-2 Div 1 of the Australian Consumer Law is limited to:
      1. in the case of goods supplied to You, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to You of the replacement or supply), or the repair of the goods (or the payment of the cost to You of the repair); and
      2. in the case of services supplied to You, the supply of the services again or the payment of the cost to You of having the services supplied again.
  7. ARGENTINA. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Argentine resident to the extent required by applicable law:
    1. Cancellation Within 10-day Cancellation Period. You have the right to cancel Your Dirty Code Premium Services within ten (10) days without giving any reason. The cancellation period will expire after ten (10) days from Your purchase of the Dirty Code Premium Services. If You have benefitted from a free trial, the cancellation period will expire ten (10) days from the beginning of Your free trial. To exercise the right to cancel Your Dirty Code Premium Services during the ten (10) day cancellation period, You must inform Us at info@dirtycode.io of Your decision to cancel by a clear statement. We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. There are no separate cancellation fees but there are no refunds except as provided herein. We will refund You a pro-rata amount of the Premium Services fee for the unused period of Your Premium Services. You will still be required to pay a Premium Service fee for the period of Your Premium Services until You communicated to Us Your cancellation, and We will therefore not refund You for that portion of Your Premium Services. We will make the refund without undue delay. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
    2. Notice and Takedown Policy. If You are a resident of Argentina, the notice and takedown policy in section 21 will not apply to You. Instead, in case You believe that any content hosted on any Dirty Code Service produces damage to You and could be considered as manifestly illegal, then You may submit a notification to Dirty Code indicating the content in question and providing documentation that proves Your identity as well as detailing the damage caused by the content. Dirty Code will analyze the claim and if the content is manifestly illegal (i.e. child pornography, data that facilities the commission of a crime, crime or racism references, etc.), then Dirty Code will proceed with its takedown. Any other content that causes damage but cannot be considered as manifestly illegal shall not be taken down by Dirty Code unless You provide a judicial notification ordering the takedown of the content in question. Notifications of any sort for these purposes shall be delivered to info@dirtycode.io.
  8. BRAZIL. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Brazilian resident to the extent required by applicable law:
    1. Right of Regret. You have the right to cancel Your Dirty Code Services within seven (7) calendar days without giving any reason. The cancellation period will expire after seven (7) calendar days from Your purchase of the Dirty Code Services. To exercise the right to cancel Your Dirty Code Services during the seven (7) day cancellation period, You must inform Us at info@dirtycode.io of Your decision to cancel by a clear statement. We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. We will refund any and all amounts paid by You. We will make the refund without undue delay and within the shortest time frame possible after the day on which We are informed about Your decision to cancel. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
    2. Notice to Remove Sensitive or Private Content. In case of any unauthorized disclosure of Your images, videos, pictures or any other material of Yours containing nudity or sexual private content, Dirty Code undertakes to take all necessary measures, to the extent applicable to Our technical services, in order to remove the referred content in a diligent manner and in the shortest timeframe possible, provided that You notify Us of the relevant infringement by identifying and specifying the infringing content. Also, in the event You are exposed to inaccurate, offensive or objectionable content of other Users, You may notify Us of such content, so that We may take the appropriate measures in order to remove it, to the extent applicable.
    3. Application of Brazilian Law. You and We agree that Brazilian Law will also apply to this Agreement, especially with respect to rights of privacy, protection of personal data, and secrecy of private communications and of logs. You and We agree to comply with all applicable Brazilian law.
    4. Retention of Records of Your Account. We will keep the application logs under confidentiality, in a controlled and safe environment, for six (6) months from Your subscription date, pursuant to applicable Brazilian Law. We reserve the right to disclose.

Effective Date: The earlier of January 3, 2022, or user acceptance.