The Service is billed in advance on a monthly basis and is non-refundable. Upgrade during prepaid period will be prorated.
Decor End User License Agreement
Additional Software Applications
This EULA also applies to any additional widgets, add-ons or other applications provided by Decor for use with the Software Application(s) you are subscribing for, which shall also be considered Software Application(s) hereunder. Such additional Software Application(s) may also have additional terms and conditions set forth on the applicable webpage, order form or documentation.
User Account and Service Security
Use of Software Applications is available only to persons who can enter in to legally binding contracts under applicable law. If you are a minor, i.e. under the age of 18 years, not competent or otherwise do not have the capacity to enter into a legally binding contract without the consent or assistance of another person, you may use website only under the supervision of a parent or legal guardian, as applicable, who agrees to be bound by this EULA.
License to Use
Subject to compliance with this EULA (including payment of applicable fees), Decor grants you a limited, non-transferable, revocable, non-exclusive, non-sublicensable license to access the Software Application(s) for which you have subscribed and paid, through the provided user interfaces, to access your User Data and to utilize such Software Application(s) via the user interfaces provided by Decor to assist in constructing your fanpage on Facebook, as applicable.
Account and Password
As a registered user of the Software Application(s), you may receive or establish an account (“Account“). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Decor of any unauthorized use of your Account or any other breach of security. Decor shall not be responsible for any losses arising out of unauthorized use of your Account.
Content and Certain Restrictions
By submitting, entering or linking to any information, data, text, software, music, sound, photographs, graphics, messages or other materials, you are representing to Decor that you have the right and authority to submit, enter or link to such content without violation of law or infringement of any third party’s intellectual property rights or privacy rights. Additionally, any such content submitted by you through the Software Application(s) constitutes a representation by you to Decor that you have the right to display, play back and/or perform such content publicly on your facebook fanpage, as applicable. By submitting any such information, you are granting us the rights to publish such information to your fanpage, as applicable, With respect to use of Decor, this includes the required rights and access which are required under facebook’s policies and statement of rights.
You may not send, submit, post, or otherwise transmit, messages or material that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Software Application(s).
You may not use the Software Application(s) for any unlawful purpose, including infringement of the copyrights or other proprietary rights of others, or in any illegal manner or for creation or distribution of illegal content. With respect to Decor, you may not submit any content through the Software Application(s) or cause the Software Application(s) to display or link to any content in violation of the facebook advertising guidelines (https://www.facebook.com/ad_guidelines.php), the facebook Statement of Rights and Responsibilities (https://www.facebook.com/terms.php) and the policies and rules referred to therein. Without limiting the foregoing, you may not use the Software Application(s) for any of the following purposes:
• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer systems.
• Interfering with any other person’s use or enjoyment of the Website.
• Breaching any applicable laws;
• Interfering or disrupting networks or web sites connected to the Website
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. This includes using or providing music, video, images or text for which you do not own or have sufficient use rights to the copyright for such materials.
• You agree to indemnify Decor and its licensors for any and all claims arising from any violation by you of the terms of this EULA.
Loss of Content; Security
The Decor utilizes industry standard reliability and security measures in an attempt to protect and preserve your data, however, due to the relative insecurity of any information which is transmitted over the internet (and over wireless networks or intranets in connection with transmission to or from the internet), stored on servers which are accessible via the internet and other means, it is impossible to guarantee complete security.
If you take advantage of features allowing you to customize and configure a Decor application itself, you will bear the full risk for security risks resulting from configuration choices made by you, as some changes can take the ability to provide any security for the application out of our control. Additionally, if our servers or the servers of third party providers fail or become corrupt, we may lose and be unable to retrieve data you have submitted via the Software Application. Additionally, if your account is closed for any reason, your content within the Software Application will be lost and fanpages you have created, as applicable, will no longer display. Therefore, we urge you to maintain copies of all content submitted by you for your own protection.
Decor Subject to Actions and Decisions of Facebook
Due to the nature of our Decor Software Application(s) and the services provided thereby, we are subject to the rules, policies and technology of Facebook, and its sole determination of how to interpret and apply those rules and policies. We are not affiliated with facebook and it is possible that facebook may change its rules, policies and technologies so that the Decor Software Application(s) no longer functions in the same manner or at all. In some cases, facebook technology or policy changes may result in loss of your content or other data, for which we are not responsible. We make no warranty that facebook will not take such action. In the event of such changes, if commercially and reasonably practical (in our determination), we will attempt to update or revise the Decor Software Application(s) so as to provide the same or substantially similar functionality as provided before such changes.
However, if we are unable to do so within a reasonable amount of time, we may elect to cancel your Account and refund a pro rata portion of Fees paid in advance for remaining pre-paid time in any period(s) in which such cancellation becomes effective. We may apply this cancellation on an application-by-application basis, so that if one Software Application for which you have paid cannot be made substantially effective, but other Software Application(s) can, we may cancel only the first Software Application and retain your Account for the remaining.
Customization of Your Application May Increase Security or Incompatibility Issues
Features of certain of our products provide you with significant ability to configure and customize the application itself. We believe that this feature is a great benefit to many of our customers who wish to exercise such a level of control. However, this level of control and customization is not without risks. If you take advantage of this feature, you may make selections which decrease the security of the application (and your content and other account data), and may cause the application to later be incompatible with updates we make to our products. This may result in fanpages, as applicable, no longer being displayed or other issues with mobile applications, websites and/or fanpages, as applicable and content created or stored with your customized application. We are not responsible for security, incompatibility or functionality issues caused or increased by such customization by you or your agents.
You shall make necessary payments using your credit cards, internet banking accounts or any other recognized electronic/digital modes of payment through Decor’s or one of it’s payment partner’s website. Upon payment of Fees, Decor shall forward the details of “Authorization Code” to you immediately by email in the email address provided by you or by SMS or other message to the mobile device indicated by you. In the event that a non-delivery of “Authorization Code” occurs on account of a mistake by you (i.e. wrong name or email address, IMEI number) any extra cost incurred by Decor for redelivery shall be claimed from you.
You agree, understand and confirm that the credit card details provided by you will be correct and accurate and you are using a credit card that you are legally authorized to use for this purpose. We will not be liable for any credit card fraud, abuse or unauthorized use by you or others. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
The said information will not be utilized and shared by us with any third parties other than our payment service unless required by law, regulation or court order.
In consideration of the license granted pursuant to this EULA, you agree to pay Decor, the Fees as set forth in the website or other location from which you are subscribing for the Software Application(s). Decor reserves the right to amend or revise the Fees for Software Applications from time to time. Licensee shall be responsible to pay the applicable taxes, i.e. any and all federal, foreign, state or local sales, use and excise taxes, cess, duties, levies, and any other assessments in the nature of taxes however designated on the purchase/license and/or use of the Software Applications, including without limitation VAT if applicable to your license/purchase and use of the Software Application(s). It is understood and agreed that the Fees are exclusive of such taxes, duties and other assessments unless expressly stated otherwise.
You shall not: (a) modify, adapt, decompile, disassemble, extract, hack, exploit unauthorized access to, reverse engineer any Software Applications or otherwise derive the source code and any other ideas, algorithms, concepts or procedures from the Software Application(s) unless and to the extent expressly permitted by applicable statutory law; (b) create derivative works based on any Software Application(s); (c) make copies of Software Application(s); (d) allow a third party to use or have access to any Software Application(s); (e), sublicense to any third party, Software Application(s), or any part thereof; (f) rent, lease or provide services to or for others via or based upon the Software Application(s). Any copy of Software Application(s) made by you, including any partial copy, is the property of Decor.
Third Party Licenses
Other third party software or technology that may be distributed together with the Software Application(s) will be subject to you explicitly accepting a license agreement with that third party. Decor is not responsible for any non-performance or breach of any contract entered into between you and the third party. You release and indemnify Decor and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of third-party providers and specifically waive any claims that you may have in this behalf under any applicable law. Decor may, but is not obligated, to add and make available additional features or functions, programming fixes, updates, upgrades or versions to the Software Application(s) (“Updates“). You may have to enter into a new version of this EULA if you want such Updates.
Decor’s Confidential Information.
You acknowledge and agree that ownership of and title in and to all intellectual property rights, including patent, trademark, service mark, copyright, and trade secret rights, in the Software Application(s) are and shall remain with Decor. You are acquiring only the right to use the Software Application(s) under this EULA and you are not acquiring any ownership rights or title in or to the Software Application(s) or any copy thereof, including without limitation in or to any copyright or other proprietary rights in the Software Application(s), either express or implied.
You shall not remove any proprietary, copyright, trademark, or service mark legend from the Software Application(s).
All modifications and extensions to the Software Application(s) shall be considered part of the Software Application(s).
The rights granted under this EULA to you are effective until terminated by us upon your breach of this EULA or end of any period(s) for which Fees have been paid (except as otherwise provided above). Decor may terminate your rights hereunder by denying access to Software Application(s), or by written notice including by electronic transmission to an email address or device indicated by you. Decor’s rights and your representations and covenants under this EULA shall survive any termination or expiration hereof or your rights hereunder.
Upon termination of your rights, you shall immediately cease use of the Software Application(s). You may not be able to retrieve any data you have submitted to us, including via the Software Application(s). In some cases we may cause the Software Application to discontinue publishing your mobile application, website and/or fanpage, in which case your content within the Software Application may be lost and/or inaccessible. Therefore, we urge you to maintain copies of all content submitted by you for your own protection. In other cases, you may be responsible for transferring publication authority on your fanpage, as applicable, to yourself or another provider.
Disclaimers and Exclusion of Warranty
THE SOFTWARE APPLICATION(S) IS(ARE) PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE AND CONFORMITY WITH APPLICABLE LAWS, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE OWNERSHIP, RESULTS AND PERFORMANCE OF THE SOFTWARE APPLICATION(S) IS ASSUMED BY YOU. SHOULD THE SOFTWARE APPLICATION(S) PROVE DEFECTIVE, YOU (AND NOT DECOR OR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER DECOR NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
DECOR DOES NOT REPRESENT OR WARRANT THAT FANPAGES GENERATED THROUGH THE SOFTWARE APPLICATIONS WILL RENDER OR DISPLAY PROPERLY, OR AT ALL, ON ALL HARDWARE AND SOFTWARE PLATFORMS. DECOR RESERVES THE RIGHT TO DISCONTINUE, MODIFY OR OTHERWISE ALTER FEATURES WITHIN THE SOFTWARE APPLICATION(S), WHICH CHANGES MAY RESULT IN, AMONG OTHER THINGS, CHANGES TO THE WAY YOUR CONTENT IS DISPLAYED, STORED, ACCESSED OR INTERACTS WITH VISITORS TO YOUR SITES AND/OR FANPAGES.
NEITHER DECOR NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PROGRAM, OR DAMAGE OF LOSS CAUSED BY THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF DECOR FOR ALL CLAIMS OF ANY NATURE ARISING FROM OR RELATED TO YOUR USE OR ENJOYMENT OF THE LICENSED SOFTWARE APPLICATION(S) OR OTHERWISE ARISING FROM THIS EULA, INCLUDING ANY CAUSE OF ACTION BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY PATENT OR COPYRIGHT INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES THAT YOU HAVE ACTUALLY PAID DECOR FOR THE APPLICABLE SOFTWARE APPLICATION(S) FOR THE PRIOR SIX (6) MONTHS. NEITHER DECOR NOR ANY OF ITS RESELLERS, SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, LAW OR REGULATION, WHETHER OR NOT DECOR WAS INFORMED IN ADVANCE OF SUCH POTENTIAL DAMAGES.
EQUITABLE REMEDIES: You hereby agree that if the terms of this Agreement are not specifically enforced, Decor will be irreparably damaged, and therefore you agree that Decor shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Agreement, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold Decor, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the Agreement; or (ii) your breach of this Agreement.
MISCELLANEOUS: This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement will be governed by the laws of Sweden without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof shall be finally settled at Decor’s discretion (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the Arbitration Rules of International Chamber of Commerce. The arbitration shall be conducted in Gothenburg, Sweden, in the English language. The award shall be final and binding on the parties. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST DECOR AND ITS PARTNERS.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT: firstname.lastname@example.org