This User Agreement (this “Agreement”) governs your access and use of software products offered by The Department of Stuff and Things, Etc LLC (“The Department,” “we” or “us”), including REDDIE (the “Software”) and related updates, upgrades and features as well as online and mobile services, features, content and websites offered by The Department, including https://get-reddie.com. This Agreement is between you and The Department. BY USING ANY OF THE DEPARTMENT SERVICES, INCLUDING BY ACCESSING WEBSITES OFFERED BY THE DEPARMENT, OR BY CLICKING TO ACCEPT OR AGREE TO THE THIS AGREEMENT WHEN THE OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE DEPARTMENT SERVICES.
1.1 Account Required. You need an account to download and use the Software. To create and maintain an account, you must:
1.3 Account Responsibilities. You are responsible for all activity on your account. Your account may be suspended or terminated by The Department if activity on your account violates the terms of this Agreement. If you chose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to The Department Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
2.1 Intellectual Property Rights. The Department Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by The Department, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
2.2 License. The Department grants you a personal, limited, non-transferrable, revocable and non-exclusive license to use The Department Services to which you are granted access by The Department, subject to your compliance with this Agreement. You may not copy, modify or distributed any of The Department Services. You may not reverse engineer or attempt to extract or otherwise use source code or other data from The Department Services. The Department or its licensors own and reserve all other rights, including all right, title and interest in The Department Services and associated intellectual property rights.
2.3 Restrictions. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of The Department Services in breach of this Agreement, your right to use The Department Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to The Department Services or any content on The Department Services is transferred to you, and all rights not expressly granted are reserved by The Department. Any use of The Department Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
The Department may revise and update this Agreement from time to time in its sole discretion. All changes are effective immediately when The Department posts them, and apply to all access and use of The Department Services. Your continued use of The Department Services following the posting of a revised form of this Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
4.1 Legal Prohibitions. You may use The Department Services only for lawful purposes and in accordance with this Agreement. You agree not to use The Department Services:
4.2 Technological Prohibitions. Additionally, you agree not to:
4.3 Monitoring and Enforcement; Termination. We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using The Department Services. YOU WAIVE AND HOLD HARMLESS THE DEPARTMENT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE DEPARTMENT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE DEPARTMENT OR LAW ENFORCEMENT AUTHORITIES.
4.4 Geographic Restrictions. The Department is based in the state of Oregon in the United States. We provide this The Department Services for use only by persons located in the United States. We make no claims that The Department Services or any of its content is accessible or appropriate outside of the United States. Access to The Department Services may not be legal by certain persons or in certain countries. If you access The Department Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
5.1 Disclaimer. You understand that we cannot and do not guarantee or warrant that The Department Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DEPARTMENT SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEPARTMENT SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THE DEPARTMENT SERVICES LINKED TO IT. YOUR USE OF THE DEPARTMENT SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEPARTMENT SERVICES IS AT YOUR OWN RISK. THE DEPARTMENT SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEPARTMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE DEPARTMENT NOR ANY PERSON ASSOCIATED WITH THE DEPARTMENT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DEPARTMENT SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE DEPARTMENT NOR ANYONE ASSOCIATED WITH THE DEPARTMENT REPRESENTS OR WARRANTS THAT THE DEPARTMENT SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEPARTMENT SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DEPARTMENT SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEPARTMENT SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE DEPARTMENT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5.2 Limitation on Liability. IN NO EVENT WILL THE DEPARTMENT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DEPARTMENT SERVICES, ANY THE DEPARTMENT SERVICES LINKED TO IT, ANY CONTENT ON THE DEPARTMENT SERVICES OR SUCH OTHER THE DEPARTMENT SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEPARTMENT SERVICES OR SUCH OTHER THE DEPARTMENT SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA. AND WHETHER CAUSED BY TORT (INCLUDING NEGLIG NCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5.3 Indemnification. You agree to defend, indemnify and hold harmless The Department, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of The Department Services, including, but not limited to any use of The Department’s content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from The Department Services.
6.1 Governing Law and Jurisdiction. All matters relating to The Department Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, this Agreement or The Department Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon in each case located in the City of Portland and County of Multnomah although we retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
6.2 Waiver and Severability. No waiver of by The Department of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Department to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
6.4 Comments and Concerns. The Department Services is operated by The Department of Stuff and Things, Etc LLC located in Portland, Oregon. All feedback, comments, requests for technical support and other communications relating to The Department Services should be directed to: firstname.lastname@example.org