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Terms of Service

 

Last Modified: March 1, 2019

 

Welcome to Bckdrsapps! These Terms of Service are entered into by and between you and Bckdrsapps ("Company", "we", "us", or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), set forth the Agreement (“Agreement”) that governs your access to and use of the Company’s mobile application and website, including any content, functionality and services offered on or through either medium (collectively, the "Platform"). Please read the Terms of Service carefully before you start to use the Platform.

 

By using the Platform or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at here incorporated herein by reference (“Privacy Policy”). If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Platform.

 

This Platform is offered and available to users who are thirteen (16) years of age or older. If you are under the age of legal majority in your country, you must have your parents’ or legal guardian’s consent to enter into these Terms of Services and to use the Platform. By using this Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

 

Changes to the Terms of Services

 

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. If we make material changes to these Terms of Service, we will notify you by email to the email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address. Your continued use of the Platform following the posting of revised Terms of Service, as noted in the header stating the date last modified, means that you accept and agree to the changes. You are expected to check this page, so you are aware of any changes, as they are binding on you.

 

Bckdrsapps Platform

 

Bckdrsapps is a mobile and web-based question and answer platform where users can post questions and answer questions anonymously. Upon subscription, the user is given a neuron number that will be used as their identifier on the Platform. This neuron number acts similarly to a common username. Once subscribed, the user can post questions or pick out certain questions to answer. A user will not be able to see the answers provided by other users until they themselves either answer the question or decide that they will not render an answer at all to the proposed question. This question and answer format is meant to produce a web of unbiased answers for the good of the Platform and its users.

 

 

 

 

 

Accessing the Platform

 

To access the Platform, you will be asked to provide certain registration details or other information. When creating an account, you represent and warrant that: (a) all information you submit is truthful, current, complete and accurate; (b) your use of the Platform does not violate any applicable law or regulation; and (c) you are at least 13 years of age. 

 

All information we collect on this Platform is subject to our Privacy Policy. You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

We reserve the right to terminate your account and your use of the Platform at any time, for any reason at our sole and absolute discretion. We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

 

You are responsible for making all arrangements necessary for you to have access to the Platform and ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Service and comply with them.

 

Account Security

 

When you are provided with a neuron number corresponding to your chosen private password or to your personal Facebook or Google account as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your neuron number, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your neuron number or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any neuron number, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

 

Integrated Service Provider

 

As part of your registration on the Platform, you may enable another online service provider, such as a social networking service (e.g. Facebook or Google), to be directly integrated into your account on the Platform. By integrating your account with an account from another provider, you allow us to pass information between the providers and receive from the providers your account information and user data. Such integration is subject to our Privacy Policy, except for any other provider’s own handling of your data and information, which is governed solely by their own terms of service, privacy policy, and other policies.

 

License Grant

 

We grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Platform subject to your eligibility and your continued compliance with these Terms of Service. We are not responsible to ensure, and disclaim any responsibility for, your ability to open, use or view the content on the Platform. As between you and us, we retain all right, title and interest in and to the Platform (other than your own User Contributions), and all related intellectual property rights. We reserve all rights not granted in this Agreement.

 

Changes to the Platform

 

We may update the content on this Platform from time to time, but its content may not necessarily be complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

 

Links from the Platform

 

If the Platform contains links to other sites and resources provided by other users, these links are provided for your convenience only. We have no control over the contents of those linked sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Intellectual Property Rights

 

The Platform and its entire contents, features and functionality (including but not limited to all information, software, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, “Intellectual Property”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not create copies of our Intellectual Property in violation of copyright, trademark, or other laws.

 

Trademarks

 

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

 

Prohibited Uses

 

You may use the Platform only for lawful purposes and in accordance with these Terms of Service.

 

In executing this Agreement, you agree not to use the Platform to:

 

Violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

Exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

Send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Service.

Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or neuron numbers associated with any of the foregoing).

Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.

Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.

Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Platform.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.

Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Platform.

User Contributions

 

The Platform contains forums for questions and answers and other interactive features (collectively, "Interactive Services") that allow users to post, display or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through the Platform. All User Contributions must comply with these Terms of Service.

 

Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. For clarification, you retain all of your ownership rights in your User Contributions. By submitting your User Contribution to the Platform, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, prepare derivative works of, publicly display, publicly perform and otherwise exploit such User Contribution in connection with the Platform and our business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any and all media formats and through any and all media channels.

 

You represent and warrant that:

 

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.

All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

 

Content Standards

 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

 

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

 

If you believe that any User Contributions violate your copyright, please notify us with the claim of copyright infringement and we will respond expeditiously in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). It is the policy of the Company to terminate the user accounts of repeat infringers.  Click here to read our Copyright Policy.

 

Reliance on Information Posted

 

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Platform, or by anyone who may be informed of any of its contents.

 

This Platform includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Monitoring and Enforcement; Termination

 

We have the right to:

 

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the content standards set forth herein, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.

Terminate or suspend your access to all or part of the Platform for any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

We do not undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

You may voluntarily terminate your account at any time by going to your account settings on the Platform and following the prompts to terminate your account.

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data.

 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

 

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

 

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Platform.

 

General Terms

 

Governing Law. All matters relating to the Platform and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

International Use. The Company expressly disclaims any representation or warranty that the Platform complies with all applicable laws and regulations outside of the United States. If you use the Platform outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Platform.

Mobile Application Use. If you access the Platform through a mobile application, you acknowledge that this agreement is between you and the Company only and shall have no effect on the terms of use of another service provider. Standard charges, data rates, and other fees may apply from your service provider or carrier.

Assignment. You may not assign or transfer any of the rights or obligations conferred on you as a result of this Agreement without the prior express written consent from the Company. Any attempted assignment or transfer not in compliance with the foregoing will be void. We may freely assign or transfer this Agreement and such assignment shall inure to the benefit of and be binding upon the parties, successors and assigns.

Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. Any communication made via email shall satisfy any legal requirement that such communication be in writing.

Relationship. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the ability or duty, express or implied, to act on behalf of the other.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability. No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal 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.

Entire Agreement. The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Bckdrsapps with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Notice. The Platform is operated by Bckdrsapps All notices of copyright infringement claims should be sent to the Company in the manner and by the means set forth herein. All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to info @ Bckdrsapps

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