Terms of Service

Effective date: August 8, 2023

Please note that your use of and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access DeFO in any manner. This policy does not apply to third-party DeFO servers. Each third-party DeFO server comes equipped with its own Terms of Service that can be viewed through the app or through that server's website.

Welcome to DeFO. Please read on to learn the rules and restrictions that govern your use of DeFO and the related website(s), products, services and applications (collectively, "DeFO"). If you have any questions, comments, or concerns regarding these terms or DeFO, please contact us at [email protected].

These Terms of Service (the "Terms") are a binding contract between you and LUBAN PTE. LTD. ("Company," "we" and "us"). You must agree to and accept all of the Terms, or you don't have the right to use DeFO. Your using DeFO in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use DeFO. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Will these Terms ever change?

We are constantly trying to improve DeFO, so these Terms may need to change along with DeFO. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the defo.xyz website, by sending you an email, and/or by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use DeFO. If you use DeFO in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes made by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

We take the privacy of our users very seriously. You can view our current Privacy Policy.

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do n and you must protect the security of your account. You're responsible for any activity associated with your account.

Your use of DeFO is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use DeFO or interact with DeFO in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Company);

(b) Violates any law or regulation, including any applicable export control laws;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, or otherwise objectionable;

(d) Jeopardizes the security of your Company account or anyone else's (such as allowing someone else to access DeFO as you);

(e) Attempts, in any manner, to obtain security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs Maillist, Listserv, any form of auto-responder or "spam" on DeFO, or any processes that run or are activated while you are not using DeFO, or that otherwise interfere with the proper working of DeFO (including by placing an unreasonable load on DeFO's infrastructure);

(h) "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to DeFO or Content (through use of manual or automated means);

(i) Copies or stores any significant portion of the Content;

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to DeFO.

A violation of any of the foregoing is grounds for termination of your right to use or access DeFO.

What are my rights in DeFO?

The materials displayed or performed or available on or through DeFO, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through DeFO, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Company's) rights.

You understand that Company owns DeFO. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of DeFO.

DeFO may allow you to copy or download certain Content; please remember that just because this functionality exists, it doesn't mean that all the restrictions above don't apply -- they do!

Do I have to grant any licenses to Company or to other users?

Anything you post, upload, share, store, or otherwise provide through DeFO is your "User Submission." User Submissions are viewable by other users. In order to display your User Submissions on DeFO, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Company a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate DeFO, as described in more detail below. This is a license only -- your ownership in User Submissions is not affected.

If you post or share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a "Limited Audience User Submission"), then you grant Company the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing DeFO necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of DeFO.

If you post or share a User Submission publicly on DeFO and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to DeFO (each of the foregoing, a "Public User Submission"), then you grant Company the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Company users and providing DeFO necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with DeFO and/or otherwise in connection with Company's business, provided that Company will try to notify you if it uses your Public User Submission for any reason other than displaying it on DeFO. Also, you grant all other users of DeFO a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of DeFO.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide and you understand and agree that it may not be possible to completely delete your User Submissions from Company's records, and that your User Submissions may remain viewable by other users.

Finally, you understand and agree that Company, in performing the required technical steps to provide DeFO to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on DeFO that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like Company, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, please scroll down below to the section titled "Copyright Dispute Policy".

Who is responsible for what I see and do on DeFO?

Any information or content publicly posted or privately transmitted through DeFO is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through DeFO. We can't guarantee the identity of any users with whom you interact in using DeFO and are not responsible for which users gain access to DeFO.

You are responsible for all Content you contribute, in any manner, to DeFO, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with DeFO.

DeFO may contain links or connections to third party websites or services that are not owned or controlled by Company. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Company is not responsible for such risks. We encourage you to be aware when you leave DeFO and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through DeFO. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using DeFO, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through DeFO, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or DeFO. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his settlement with the debtor."

Will Company ever change DeFO?

We're always trying to improve DeFO, so there may be changes over time. We may suspend or discontinue any part of DeFO, or we may introduce new features or impose limits on certain features or restrict access to parts or all of DeFO. Similarly, we reserve the right to remove any Content from DeFO at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

What if I want to stop using DeFO?

You may contact us at [email protected] at any time; see our Privacy Policy and the license above for information on how we handle information you provide to us after you stop using DeFO.

The Company may also, in its sole discretion, delete your account data from the Official Servers and prohibit you from logging in to the DeFO Official Servers or the DeFO Client if you violate the Agreement.

Deactivating DeFO may result in the destruction of any content on the official servers associated with the account, so please keep this in mind before deciding to terminate your account. If you have deleted your account by mistake, please contact us immediately at [email protected] - we will do our best to help, but unfortunately we cannot guarantee that we will be able to recover or restore any content. If you would like the Company to delete your account data from the official DeFO servers, please contact us at [email protected].

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use the Company App available via the Apple App Store -- should I know anything about that?

These Terms apply to your use of all DeFO, including the iPhone applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but the following additional terms also apply to the Application:

(a) Both you and Company acknowledge that the Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;

(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with DeFO for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to DeFO;

(c) You will only use the Application in connection with an Apple device that you own or control;

(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

(f) You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

(i) Both you and Company acknowledge and agree that, inr use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;

(j) Both you and Company acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

What else do I need to know?

Warranty Disclaimer. Neither Company nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through DeFO, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through DeFO. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through DeFO. DeFO AND CONTENT ARE PROVIDED BY COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF DeFO WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Company IN CONNECTION WITH DeFO IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Company, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of DeFO (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your DeFO account, in any way (by operation of law or otherwise) without Company's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

itrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with DeFO, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms,. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Company, and you do not have any authority of any kind to bind Company in any respect whatsoever.

Except as expressly set forth in the section above regarding the Apple Application, you and Company agree there are no third party beneficiaries intended under these Terms.