discore.app reserves the exclusive right to modify, change, or otherwise alter the content of these Terms and Conditions. It is the sole responsibility of the user to review this page as the continued use of Discore frequently will represent the user’s acceptance of any revision made to these Terms and Conditions.
You consent to comply with the following rules and guidelines when using the services provided by discore.app:
You approve and consent that the Service and all made up content may be protected by patent, trademark, copyright, trade secret, or other applicable intellectual proprietary rights and laws. Unless discore.app expressly authorizes you, you consent not to copy, frame, modify, rent, scrape, lease, sell, distribute or create derivative works based on the Service or the Content Service, in part or as a whole. In relating to the Services, you will not involve yourself in robots, data mining, scraping, or any other similar data extraction or gathering methods. Any use of the Service or the Service Content other than as stipulated and authorized herein is prohibited in all sense.
You furthermore consent that you may not use our scoring system or data for any commercial purposes.
The user consents that he/she will remain responsible, defend and hold harmless discore.app and its directors, affiliates, shareholders, agents, employees, partners and independent contractors, at all times, from and against any and all claims, course of actions, awards, damages, liabilities, losses (consequential loss inclusive), interests, fines, penalties, judgement, expenses, and any other cost (including reasonable attorney’s fees) arising as a result of the execution hereof or from the consummation of the transactions (if any) contemplated hereby, including without limitation to those occurring in relation to:
The user acknowledges and accepts that the preceding provisions are discore.app’s material inducement to enter into this Agreement and the transactions defined herein and shall outlast the termination of this Agreement.
Any use in breach of this provision or any other provision of these Terms and Conditions is exclusively at your own risk and if any section or provision hereof is considered invalid, unenforceable and void under applicable law, such section or provision shall be deemed to be superseded by an enforceable, valid provision that matches closely the original purpose of the initial provision and the remainder of these Terms and Conditions shall remain valid and enforceable.
NO LEGAL RELATIONSHIP
You consent that no joint venture, employment, partnership, or relationship (unless as defined in these Terms and Conditions) exists between you and discore.app as a result of your use of the Service or this Agreement.
This Agreement represents the sole agreement between you and discore.app concerning your use of the Service. As such, this Agreement supersedes all contemporaneous proposals and communications (whether oral, electronic, or written) between you and discore.app concerning the service. Any suspected waiver of any violation of these Terms and Conditions shall not be construed as a waiver of any future violation.
YOU WARRANT AND REPRESENT THAT YOU USE OUR SERVICES AT YOUR SOLE RISK AND DEPENDENT ON THE FOLLOWING DISCLAIMERS. WE ARE OFFERING OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES EITHER IMPLIED OR EXPRESS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM VIRUS OR OTHER HARMFUL CODES. WE DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION PROVIDED BY US IS COMPLETE, ACCURATE, OR USEFUL, THAT OUR SERVICES WILL BE AVAILABLE, OPERATIONAL, ERROR-FREE, SAFE, OR SECURE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT ANY DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, NEITHER ARE WE LIABLE FOR, CONTROLLING OR MANAGING WHEN OR HOW OUR USERS USE OUR SERVICES OR THE INTERFACES AND FEATURE OUR SERVICES PROVIDE. WE ARE NOT IN ANY WAY LIABLE FOR AND ARE NOT RESPONSIBLE TO CONTROL THE BEHAVIOURS OR INFORMATION (CONTENT INCLUSIVE) OF OUR USERS OR OTHER THIRD PARTIES. YOU DISCHARGE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “discore.app PARTIES”) FROM ANY COMPLAINT, CLAIM, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (JOINTLY, “CLAIM”) AND DAMAGES, EITHER KNOWN OR UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST US OR ANY THIRD PARTIES.
LIMITATION OF LIABILITY
THE discore.app PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS OR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, ARISING OUT OF, RELATING TO, OR IN ANY WAY IN CONNECTED WITH OUR TERMS AND CONDITIONS, US, OR OUR SERVICES, EVEN IF THE discore.app PARTIES HAVE BEEN ADVISED OF THE PROBABLE OCCURRENCE OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF, RELATING TO, OR IN ANY WAY IN CONNECTION WITH OUR TERMS AND CONDITIONS, US, OR OUR SERVICES WILL NOT BE ABOVE THE HIGHER OF ONE HUNDRED DOLLARS ($100) OR THE SUM YOU HAVE PAID US FOR ACCESS (IF ANY) AND USE OUR SERVICE IN THE PAST TWELVE MONTHS. THE PRECEDING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS OR STATES MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, IN THIS REGARD, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS SECTION MAY NOT APPLY SPECIFICALLY TO YOU. WITHOUT REGARDING ANYTHING TO THE CONTRARY IN OUR TERMS AND CONDITIONS, IN SUCH CASES, THE LIABILITY OF THE discore.app PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
These Terms and Conditions and all claims arising thereof shall be considered under the applicable laws and regulations of Massachusetts, in The United States of America without any conflict of law principles that would lead to applying any law other than those from Massachusetts. The parties consent that in all claims between them, they submit to the exclusive jurisdiction and the venues of the courts in Massachusetts, and the parties waive any claim that the jurisdiction or venue is inconvenient and improper. In all lawsuits to interpret or enforce these Terms and Conditions, the parties waive all rights a jury trial, and as such, the prevailing party shall recover from the other party all expenses and costs incurred, including but not limited to reasonable attorney’s fees, experts and consultant’s charges.