Digsso Terms of Service

INTRODUCTION; AGREEMENT TO THIS TERMS OF SERVICE

Welcome to MUDDLEWORKS’s (“Digsso”, “We”, “Our”) mobile device software application (the “Digsso Software”), Web site, and any other mobile or web services or applications owned, controlled, or offered by Digsso (collectively, the “Digsso Services”). Users who access, download, use, purchase and/or subscribe to the Digsso Services (collectively or individually “You” or “User” or “Users”) must do so under the following terms and conditions of service and Privacy Policy.

BEFORE USING ANY DIGSSO SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE DIGSSO SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS AND CONDITIONS OF SERVICE (COLLECTIVELY, THE “AGREEMENT”), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE DIGSSO SERVICES IMMEDIATELY.

THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND DIGSSO. You may receive a copy of this Agreement by emailing us at: help@digsso.net, Subject: Terms of Service Agreement.

1. AGE RESTRICTION. THE DIGSSO SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 18 YEARS OR OLDER.

2. IMPORTANT DISCLAIMER ABOUT LOCATION DATA

THE DIGSSO 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 DIGSSO SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. DIGSSO 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. MODIFICATION OF THIS AGREEMENT

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement (including the Guidelines) at any time by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on the Digsso Service. Please check this Agreement (including the Guidelines) periodically for changes. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. ;Your continued use of the Digsso Services after our dispatching of an e-mail notice to you (if applicable) or the posting of any modifications or changes on the Digsso Service constitutes your binding acceptance of such changes. For any material changes to this Agreement (including the Guidelines), you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after our dispatch of an e-mail notice to you (if applicable) or thirty (30) days after they are initially posted on the Digsso Services. ;These changes will be effective immediately for new Users of the Digsso Service.

4. OWNERSHIP; PROPRIETARY RIGHTS

The Digsso Services are owned and operated by Digsso. The Digsso Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Digsso Services (collectively, the “Materials”) are protected by Republic of Korea copyright, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Digsso Services are the property of Digsso or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Digsso Services are proprietary to Digsso or its affiliates and/or third-party licensors. Except as expressly authorized by Digsso under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

5. GUIDELINES; USAGE RULES; PROHIBITED CONDUCT & USES

6. USAGE; REFUSAL OR SUSPENSION OF SERVICE

7. USER SUBMISSIONS

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

9. ADVERTISING.

Digsso 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 to you.

10. END USER LICENSES

11. VIOLATIONS; TERMINATION

You agree that Digsso, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account you have with the Digsso Services or your use of the Digsso Services or any portion thereof and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the Digsso Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Digsso will not be liable to you or any third-party for any such termination. Digsso does not permit copyright infringing activities on the Digsso Services, and reserves the right to terminate access to the Digsso Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Digsso may have at law or in equity.

12. DISCLAIMERS; NO WARRANTIES

13. INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold Digsso (and its affiliated companies, contractors, employees, agents, and suppliers and partners) 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 Digsso Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the Digsso Services to meet another User in-person or to locate and attend any offline place or event. Digsso 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.

13. INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold Digsso (and its affiliated companies, contractors, employees, agents, and suppliers and partners) 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 Digsso Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the Digsso Services to meet another User in-person or to locate and attend any offline place or event. Digsso 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.

14. LIMITATION OF LIABILITY AND DAMAGES.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM, YOUR USE OF THE SERVICE, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO NO MORE THAN THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID ANY ANOUNT TO THE COMPANY DURING SUCH PERIOD, YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 14 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.

15. Payments. Cancellation. Final Sale:

Any and all payments made to Digsso for use and access to any Digsso Services and Digsso Software are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. If you have an account set up for reoccurring billing, you may cancel your account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within the Digsso Software or Digsso Services violates our Terms of Service, your access and account may be immediately terminated and all payments forfeited. We reserve the right at any time to charge fees for access to portions of the Digsso Services, Digsso Software or the Digsso Services or Digsso Software as a whole.

16. MISCELLANEOUS

17. Apple App Store Additional Terms and Conditions.

The following additional terms and conditions apply to you if you are using a Digsso Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 19, the more restrictive or conflicting terms and conditions in this Section 19 apply, but solely with respect to Digsso Softwares from the Apple App Store.

Effective Date, April 29,2014