LEGAL
DEKARI TERMS OF USE
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY DEKARI PLATFORM.
If you live in any of the following countries or regions, additional terms
may apply to you and are viewable at the bottom of these Terms. We
display the country/region within the Terms when applicable. These
additional terms override the Terms below to the extent of any
inconsistency.
Argentina, Australia, Brazil, Canada, China (for the purpose of these
Terms, excluding Hong Kong, Macao and Taiwan), Colombia, Hong
Kong, Japan, Korea, Philippines, all European countries (including
specific terms
for Austria, Belgium, France, Germany, Hungary, Italy, Poland,
and Switzerland).
Welcome to the DEKARI community! You are reading these Terms
because you are using a DEKARI website, digital experience, social
media platform, mobile app, wearable technology, or one of our other
products or services, all of which are part of DEKARI’s Platform
(“Platform”). You may access the Platform through a computer, mobile
phone, tablet, console, or other technology, which we refer to here as
a “Device”. Your carrier's normal rates and fees apply to your Device.
These Terms create a legally binding agreement between you and
DEKARI and its affiliates (which we may refer to as “DEKARI,” “we,”
“us,” or “our”) regarding your use of the Platform. Please review our
List of Local Entities for the name of the DEKARI entity responsible for
providing the Platform to you and the appropriate contact information.
A few important points:
1. GROUND RULES ELIGIBILITY.
You are only eligible to use the Platform if you are of legal
age in your country/region or if you have consent from your parent or
guardian. There may be certain age restrictions for specific Platform
services in various countries or regions. [See China (for the purpose
of these Terms, excluding Hong Kong, Macao and Taiwan) terms.]
Rules for Registration. When you register for an account with us, the
following rules apply:
• Be True: Provide accurate and current registration information.
• Be You: Keep your registration personal. Do not register for more than one DEKARI account, register a DEKARI account on behalf of someone else, or transfer your account.
• Be Secure: Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
• Be Responsible: Inform DEKARI immediately of any unauthorised use of your DEKARI account. You are responsible for anything that happens through your DEKARI account – with or without your permission.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DEKARI IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORISED USE OF YOUR ACCOUNT.
[See China (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan) terms.]
• Be True: Provide accurate and current registration information.
• Be You: Keep your registration personal. Do not register for more than one DEKARI account, register a DEKARI account on behalf of someone else, or transfer your account.
• Be Secure: Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
• Be Responsible: Inform DEKARI immediately of any unauthorised use of your DEKARI account. You are responsible for anything that happens through your DEKARI account – with or without your permission.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DEKARI IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORISED USE OF YOUR ACCOUNT.
[See China (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan) terms.]
2. OWNERSHIP OF CONTENT
Except for User Content (defined below), all of the content on our
Platform - including text, software, scripts, code, designs, graphics,
photos, sounds, music, videos, applications, interactive features,
articles, news stories, sketches, animations, stickers, general artwork
and other content ("Content") - is owned by DEKARI or others we
license Content from, and is protected by copyright, trademark, patent
and other laws. DEKARI reserves all rights not expressly described in
these Terms.
• All trademarks, service marks and trade names (e.g., the DEKARI name) are owned, registered and/or licensed by DEKARI. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
• You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
• To the extent DEKARI approves the download or use of Content comprised of copyrights or copyrightable works, DEKARI grants you a limited, personal, non-transferable, non-sub licensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as DEKARI makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property
• All trademarks, service marks and trade names (e.g., the DEKARI name) are owned, registered and/or licensed by DEKARI. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
• You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
• To the extent DEKARI approves the download or use of Content comprised of copyrights or copyrightable works, DEKARI grants you a limited, personal, non-transferable, non-sub licensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as DEKARI makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property
2. OWNERSHIP OF CONTENT
included in the Content), and all such Content is intended for
personal, non-commercial use. DEKARI reserves the right to
monitor your use and to alter or revoke this license or your
access to the Content at any time and for any reason. DEKARI
reserves the right to take down any Content in violation of these
terms or DEKARI’s intellectual property rights. DEKARI allowing
you this limited use does not constitute a waiver of any of
DEKARI’s rights to the Content.
• Outside of the specific usage rights granted to you by DEKARI in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without DEKARI’s prior written consent. Unauthorised use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
• Outside of the specific usage rights granted to you by DEKARI in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without DEKARI’s prior written consent. Unauthorised use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
3. POSTING CONTENT ON THE PLATFORM
User Content License. Some parts of the Platform allow you to post
photos, videos, comments, and other content, which we refer to as
“User Content.” DEKARI is not responsible for User Content others
post to the Platform. User Content is owned by you or whoever
created it, but when you post User Content you license it to DEKARI
as described below:
• You represent that you have the right to post your User Content, and you grant DEKARI a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. DEKARI may, in its sole discretion, remove any User Content at any time. [See Argentina, Colombia, Belgium, and Philippines terms.]
• You understand that deleted User Content may persist in DEKARI’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law
• You represent that you have the right to post your User Content, and you grant DEKARI a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. DEKARI may, in its sole discretion, remove any User Content at any time. [See Argentina, Colombia, Belgium, and Philippines terms.]
• You understand that deleted User Content may persist in DEKARI’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law
LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.
understand that any comments, feedback, or ideas you send us are
provided on a non-confidential basis and you grant to DEKARI a
perpetual, worldwide license to use all comments, feedback and ideas
you may share with us, without notice, compensation or
acknowledgement to you, for any purposes whatsoever, including, but
not limited to, developing, manufacturing and marketing products and
services and creating, modifying or improving products and
services. [See Colombia and Belgium terms.]
4. USER CODE OF CONDUCT
• Do not post any advertising, solicitation or commercial
content on the Platform or accept payment from a third
party in exchange for performing commercial activity on the
Platform.
• Do not collect or solicit personal information from other Platform users or send unsolicited messages.
• Do not use automated technology to interact with the Platform.
• Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. DEKARI has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
• Be Yourself. Do not impersonate any person or
organisation, including athletes or DEKARI employees.
• HAVE FUN!
• Do not collect or solicit personal information from other Platform users or send unsolicited messages.
• Do not use automated technology to interact with the Platform.
• Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. DEKARI has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
• Be Yourself. Do not impersonate any person or
organisation, including athletes or DEKARI employees.
• HAVE FUN!
4. USER CODE OF CONDUCT
We’re excited to have you contribute to the DEKARI community. Here
are a few basic rules:
• Be Original. Only post User Content to the Platform if you have
all permissions and rights needed to make that User Content
available, including from any individuals who appear or are
mentioned in your User Content.
• Be Safe.
• Do not do anything that may expose DEKARI or its users to
any type of harm, including anything that may disrupt,
damage, disable, tamper with, overburden or limit the
functionality of the Platform.
• Do not post User Content that contains software viruses,
programs or other computer code, and do not circumvent
or modify any Platform software or security technology.
• Do not use any data mining, robots, scraping or similar
data gathering methods.
• Unless we indicate otherwise, our Platform is a public
place. Do not post personal information to the Platform -
yours or anybody else’s.
• Be Personal.
5. COPYRIGHT INFRINGEMENT
Please consult your legal advisor before filing a notice with us
because there may be penalties for false claims. DEKARI may
terminate the accounts of Platform users found to infringe third party
copyrights.
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information [See France terms.]:
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person
authorised to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Platform the content that you claim is infringing is located;
(4) a written statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information [See France terms.]:
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person
authorised to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Platform the content that you claim is infringing is located;
(4) a written statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
6. PARTNERS ON THE PLATFORM
From time to time, DEKARI may link to or partner with third-party
websites, social media platforms, mobile apps, and other products and
services (“Third Parties”). You may be able to connect with these
Third Parties through the Platform, but this does not mean DEKARI
endorses, monitors or has any control over these Third Parties or their
activities, which are subject to separate terms of use and privacy
policies. You should carefully review any Third Party’s sites and terms
of use and privacy policy. DEKARI is not responsible for the content,
policies, or activities of Third Parties and you interact with Third
Parties at your own risk.
7. IMPORTANT DISCLAIMERS
PHYSICAL ACTIVITY. [See Canada, Germany and Italy terms,
because the following exclusions and limitations may not apply to
you.]
The Platform may include features that promote physical activity, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.
• Consider the risks involved and consult with your medical professional before engaging in any physical activity.
• Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform.
• TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DEKARI IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM. USER INTERACTIONS.
To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions. [See Italy terms.]
The Platform may include features that promote physical activity, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.
• Consider the risks involved and consult with your medical professional before engaging in any physical activity.
• Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform.
• TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DEKARI IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM. USER INTERACTIONS.
To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions. [See Italy terms.]
7. IMPORTANT DISCLAIMERS
• Be responsible and take precautions when interacting with other
users (including users you do not know) on the Platform. Before
you meet another person face-to-face, consider investigating,
bringing a friend, choosing public locations and letting someone
know where you will be. DEKARI is under no obligation to
become involved with any user dispute, but may do so at its own
discretion.
WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you. [See Australia, Canada and Germany terms.]
• The Platform, Content, and the materials and products on this Platform are provided "AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DEKARI IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you. [See Australia, Canada and Germany terms.]
• The Platform, Content, and the materials and products on this Platform are provided "AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DEKARI IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
7. IMPORTANT DISCLAIMERS
• DEKARI does not guarantee that the Platform will be
uninterrupted or error-free, that any defects will be corrected, or
that the Platform is free of viruses or anything else harmful.
• To the fullest extent permitted by law, DEKARI disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
• You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
• We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.
• To the fullest extent permitted by law, DEKARI disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
• You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
• We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.
8. TERMINATION
DEKARI may terminate or modify any DEKARI Platform, member
program, product or service at any time without notice.
DEKARI may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to DEKARI, subject to applicable law.
• You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
• These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
DEKARI may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to DEKARI, subject to applicable law.
• You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
• These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
9. INDEMNIFICATION / LIMITATION OF LIABILITY
NONE OF THE DEKARI PARTIES WILL BE LIABLE FOR ANY
DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST
PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THE PLATFORM OR THE
PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH
THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM
USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A
DEKARI EVENT OR DEKARI PARTNER EVENTS, OR ANY USER
CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE
USE OF THE PLATFORM, EVEN IF DEKARI HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR
ONLY REMEDY AGAINST DEKARI IN CONNECTION WITH ANY
DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR
ANY CONTENT IS TO STOP USING THE PLATFORM. IF DEKARI IS
FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS
WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE
PLATFORM OR ANY CONTENT, DEKARI'S LIABILITY SHALL NOT
EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
Previous
Next
