Last updated: November 30, 2016
Scope of Application
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern DCMN’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website and services.
The term “DCMN” or “us” or “we” refers to the owner of the website whose registered office is DCMN GmbH, Boxhagener Str. 18, 10245 Berlin, Germany. Our company registration number is HRB 127810 B at local district court Berlin-Charlottenburg in Germany. The term “you” refers to the user or viewer of our website.
DCMN provides a platform for attributing TV campaigns and a software development kit which allows the tracking of mobile application use, installations and downloads (individually a “Service” and collectively the “Services”). These Terms of Service (“Terms”) govern your access and use of the Services, and any code provided by DCMN that implements the Services (the “DCMN Code”).
DCMN reserves the right to modify these General Terms and Conditions with effect for the future at any time. The changes shall be deemed to be accepted if you do not object within three weeks after receipt of the amendment notification. DCMN will inform you in its amendment notification about your right to object and the effects of a lack of objection. If you reject the changes, DCMN has the right to terminate the agreement.
Privacy
DCMN values your privacy. The DCMN Privacy Policy explains what information is collected from you in connection with your use of our services and how DCMN uses and protects your data. By accessing or using the service, you agree to the terms of the DCMN Privacy Policy.
License
Subject to your compliance with these Terms, DCMN hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license in order to receive the DCMN services for your own internal uses. By accessing or using any of our services, you are agreeing to not use them for any unlawful purpose, in any way prohibited by the Terms, or in a manner that interferes with the operation of services. Any access or use of the services for commercial purposes is subject to a separate License and Service Agreement, which contains additional terms and conditions. If you are interested in using the services for commercial purposes, please get in touch with us
Registration
In order to use our Services, you will be required to register with DCMN. You must provide all information as requested by DCMN in the registration process, and you represent and warrant that all such information shall be accurate and complete. You shall keep such information up-to-date. You shall immediately notify DCMN if there is a security breach of your account.
Restrictions, Content Ownership & IP
DCMN owns or licenses all of the content, as well as the design and arrangement thereof, on the Sites, including without limitation the text, images, media, and videos. All content on the Sites is protected by German and international copyright and intellectual property law. Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Services; (b) modify the Services, or insert any code or product, or in any other way manipulate the Services in any way; (c) sublicense, sell, or distribute the DCMN Services or bypass any security measure of DCMN with respect to the Services; (d) copying, reproducing, modifying, displaying, creating derivatives works of, licensing, or distributing in any way whatsoever any content from the site. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform us in writing in each instance prior to engaging in the activities set forth above. You are prohibited from any of the activities set forth above without prior written consent from DCMN.
DCMN Group (GmbH, Inc., SAS, etc.) has registered the following trademarks and restricts usage of those in the registered countries unless otherwise permitted by the DCMN Group:
DCMN® (the USA, Countries of the European Union, India, South Africa).
Brandformance® (the USA, Countries of the European Union, India, South Africa, Australia, Switzerland).
Your Website and/or Application
You represent and warrant that your website and/or application that uses DCMN services (a) does not infringe the intellectual property rights of any third party, (b) does not contain any defamatory, libelous, obscene or otherwise offensive material, (c) complies with all applicable law and regulations, (d) does not collect or use the data of end users in any manner not clearly and accurately disclosed pursuant to a privacy policy that complies with applicable law and regulations, and (e) does not contain any worms, viruses, spyware, adware or other malicious or intrusive software. Furthermore, you represent and warrant that you provide to users a clear description of all material functionality of your application and/or website.
Service Levels
DCMN does not guarantee the Services will be operable at all times or during any down time (a) caused by outages to any public Internet backbones, networks or servers, (b) caused by any failures of your Application, equipment, systems or local access services, (c) for previously scheduled maintenance or (d) relating to events beyond DCMN’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where DCMN or your servers are located.
If you’re facing challenges with our services, you may contact us by sending an email to support@dcmn.com or using our contact form.
Costs
DCMN provides the services free of charge. This may change in the future for all services or part of the services provided. DCMN may, at any time, request an user to pay for the services if the costs of providing the services exceed a certain limit. In this case the fees for providing the service will be mutually agreed by all parties and set out in an insertion order. DCMN will not charge any user of the platform without a mutually agreed insertion order.
Disputes & Indemnification
You hereby agree to indemnify and hold DCMN and its officers, directors, affiliates, employees, agents, successors, and assigns harmless from and against any and all claims, losses, expenses, and costs (including attorney’s fees) arising from of or relating to your use of the services (“Claim”). You may not assign any claim you may have against DCMN regarding the services. If you have a dispute with a third-party relating to DCMN, then you hereby agree to release DCMN from any and all liability arising from or relating to that dispute. You must bring all claims, causes of action, and disputes arising from or relating to the Terms within six months of the occurrence or else the claim, cause of action, or dispute is forever barred, unless otherwise required by law. The laws of Germany apply to these Terms and your use of the services. You agree to the exclusive jurisdiction of the state and federal courts located in Berlin, Germany.
Disclaimer
DCMN provides the services “as is,” without any representation or warranty of any kind. DCMN disclaims to the maximum extent permitted by law all representations and warranties pertaining to services. Without limiting the generality of the statement above, DCMN disclaims to the maximum extent permitted by law any and all (i) warranties of merchantability or fitness for a particular purpose; (ii) warranties against infringement of any third-party intellectual property or proprietary rights; (iii) warranties relating to the transmission or delivery of the services; (iv) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the Sites; and (v) warranties otherwise relating to performance, non-performance, or other acts or omissions by DCMN or any third party. Further, there is no warranty that the services will meet your needs or requirements, or the needs or requirements of any other person. DCMN makes no warranties or representations, express or implied, (i) that the information provided through the Sites will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (ii) that the Sites will be available at any particular time or location; (iii) that defects or errors in the services will be corrected; or (iv) that the Sites are free of viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted by law, DCMN is not liable for any damage arising out of or relating to your access, use, misuse, or inability to use the services or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. DCMN will not be liable for any special or consequential damages, including lost profits, even if DCMN has been advised of the possibility of those damages. Aggregate liability to you in connection with any claim arising out of or relating to the services will be limited to $100. If a law restricts the ability of DCMN to limit liability, the limitations listed above may not apply to you. In that case, DCMN limits its liability to the greatest extent permitted by applicable law.
Term
The term of this agreement (“Term”) shall commence on the date you accept these Terms by registering on the DCMN platform and shall continue unless terminated by either party with 30 days notice. DCMN may terminate this Agreement with written notice if it has reason to believe that you are in breach of these Terms. Upon any termination or expiration of these Terms, DCMN will cease providing the Services, and you will delete all DCMN Code from your Application. In the event of any termination (a) you will not be entitled to any refunds of any fees, and (b) any outstanding balance for Services rendered through the date of termination will be immediately due and payable in full and (c) all of your historical report data will no longer be available to you unless a purchase or professional services agreement for the exchange and transfer of such data is entered into as a component of termination.
Publicity
You agree that DCMN have the right to reveal the fact that you are using the Services, including by displaying your name and logo in DCMN’s website and other marketing materials.
Miscellaneous
The failure of DCMN to exercise or enforce any right or provision of these Terms does not operate as a waiver of the right or provision. Any waiver of these Terms must be obtained in a written document signed by an authorized representative of Tune. The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms. If any provision of the Terms, or portion thereof, is determined to be invalid or unenforceable by a court of competent jurisdiction, then that provision, or portion thereof, will be severed and the remaining provisions remain enforceable. Any assignment of a right granted to you under these Terms is void.