Darkrume

Terms of Service

Last Updated: 24 April, 2014

Acceptance of Terms of Service

Welcome to Darkrume(a.k.a. "we" or "us" or "Darkrume"). We are excited to have you as customer. The following terms and conditions (collectively, these "Terms of Service") apply to your use of Darkrume, including any content, functionality and services offered on or via the Darkrume (the "Application"). The Terms of Service also includes our Privacy Policy, that you can review here: darkrume.com/privacy.

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Darkrume, because by using the Applications and the Service you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, you can either leave the Service (although we'll be sad to see you go!), or contact us. Darkrume is the best Flickr App for your iPad to be designed yet. It’s beautiful, with advance technologies under the hood to power it all.

Changes to the Terms of Service, the Service and Applications

Darkrume is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website, Application and the Service as well as these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way. Your continued use of the Application and the Service following the publishing of updated Terms of Service means that you accept and agree to the changes.

Security and Privacy

Darkrume takes every step to secure your information stored by the app on your device. Your password cannot be collected by the app, ever. However, Flickr sends Darkrume Authentication Tokens which it uses to send network requests to the Flickr API. These tokens are stored securely on the Device's Keychain, such that incase of a breech, your credentials are absolutely secure.

Intellectual Property Rights

The Service and its original content, features and functionality (including look!), are owned by Nikhil Nigade (Dezine Zync) and are protected by India and International copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Darkrume is the best Flickr App for your iPad to be designed ever. It’s beautiful, with advance technologies under the hood to power it all. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Service itself. If you have doubts about whether and how to use of material on the Website, please address your concerns by contacting us.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service and it’s Applications. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service and it’s Applications. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Service via the Applications by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

By submitting User Content through the Applications to the Service, you do not grant us any rights over your content, for viewing, modification or derivation.

You are permitted to use the Service and the Applications for your personal user or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Service or the Applications in any manner, or violating the Content Standards set below. No right, title or interest in or to the Service or the Applications or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Service and the Applications not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Applications that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website, Applications or other products or services.

The Service and the Applications may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Applications.

For Terms on how Flickr handles your data, please refer to Flickr's TOS.

Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of Darkrume is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Service. Because the Service and the Applications are not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

Third Party Links

Users using the Service, may from time-to-time post third-party links in comments. Clicking and opening these links are subject to your own consent and Darkrume, it's associates, owners and/or partners will not be held responsible for any harm arising from opening these links to your devices or any party. @{appname} does not monitor such links. However, users can report malicious/suspected links to Flickr with information which can help them track down the comment.

Geographic Restrictions

The Application is made to be globally available, however, certain local laws might prevent access to the Application. We do not impose any geographic restrictions on our behalf, and thus, may not be held for any issues arising from the same.

Governing Law

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Maharashtra without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of India or the courts of the State of Maharashtra.

Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Darkrume and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court 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 the Terms of Service will continue in full force and effect.

Contact

If you have any questions regarding the above mentioned policy or the service in general, you may contact us.