These terms of service apply to the apps, datyell.com (this website), and clockfaces developed by Datyell Close. By continuing to use this app, you agree to these terms. If you do not agree, discontinue using the app, website, or service. Please read these terms carefully prior to the usage of this app.
DEFINITION OF TERMS
By “user” or “you” refers to you, the end user of the app. By “me”, “us”, or “the developer” refers to Datyell Close, the developer of this app. By “Terms” or “Agreement”, this Terms of Use refer to this Terms of Use agreement. By “app”, “application”, “software”, “program” or “clockface” refer to the application purchased or received for free developed by the developer and used by you the user.
RIGHT TO MODIFY TERMS
You understand that the developer has the right to modify these terms when necessary. You will be notified through the app description page and/or this website when a change or modification of Terms of Service occur. You are responsible for visiting these locations to determine if Terms are updated.
By continuing to use this app after the modification of the Terms, you hereby agree to the updated Terms.
NOTICE OF APP FOR INFORMATIONAL PURPOSES ONLY
By agreeing to these Terms, you understand that this app is for informational purposes only. Information provided by this app is in no way guaranteed to be accurate, and may be inaccurate. At all times and under all circumstances you understand that you must obey laws, street signs, and regulations of your jurisdiction. You agree that the developer is in no way liable for action you take while directly or indirectly using this app.
NOTICE OF THIRD PARTY SERVICES
This app may provide links or provide services through the usage of third-parties. You understand that:
- Third Party Services are not necessarily vetted, endorsed, or controlled by the developer.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
- The developer will not provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
NOTICE OF NO WARRANTY OF ANY KIND
This app and its provided service are provided “as is.” The developer hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the developer nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk. These services may be discontinued or interrupted.
In no event will the developer be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the developer under this Agreement during the twelve (12) month period prior to the cause of action. The developer shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless the developer from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of this app.
NO MODIFICATION OF THIS APP OF ANY KIND
You will not under any circumstances attempt to reverse-engineer, deconstruct, modify, or otherwise tamper with this application whereas to modify it from its original form as delivered to you on purchase.
JURISDICTION AND APPLICABLE LAW
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in California, U.S.A.
BREACH OF TERMS
If you do not comply with these terms, the developer holds the right to terminate your ability to continue usage of this app or service with or without notice.
RIGHT OF TERMINATION OF SERVICE
The developer holds the right terminate your access to all or any part of this service at any time, with or without cause, with or without notice, effective immediately.
MISCELLANOUS
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
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