By using this app ("Draft Punk"), you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you may not use this app.
1. Agreement. This Agreement (the "Agreement") specifies the terms and conditions for access to and use of Draft Punk (the "app") and describes the terms and conditions applicable to your access of and use of the app. This Agreement may be modified at any time by Josh Clemm (Clemm Apps) upon posting of the modified agreement on the app. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at this site. Each use by you shall constitute and be deemed to constitute your unconditional acceptance of this Agreement.
3. Ownership. All content included on this app is and shall continue to be the property of Josh Clemm (Clemm Apps) or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site without our prior written consent is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this app.
4. Intended Audience. This app is intended for all ages.
5. Trademarks. Draft Punk.
6. App Use. Clemm Apps grants you a limited, revocable, nonexclusive license to use this app solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials from the app, reverse engineer or pirate this app, or use materials, products or services in violation of any law. The use of this app is at the discretion of Clemm Apps, and we may terminate your use of this app at any time.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the app and not to use the app to further any improper purpose. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend and hold Clemm Apps and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS APP IS AT YOUR SOLE RISK. CLEMM APPS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP SHALL BE TO DISCONTINUE USING THE APP.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL CLEMM APPS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, YOUR APP USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR CONTENT IS TO CEASE ALL OF YOUR APP USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Clemm Apps or its affiliates. Any proceeding relating to this Agreement or the subject matter hereof shall be brought only in federal or state court in the County of San Francisco, California, and you hereby submit to and accept the jurisdiction of such courts.
13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14. Termination. Clemm Apps may terminate this Agreement at any time, with or without notice, for any reason.