Duality - Terms & Conditions
TERMS AND CONDITIONS
Welcome to Duality!
Duality is owned and operated by Cobra Magic. These are the terms and conditions for:
· Duality App (Android and iOS version – Available on Google Play and App store)
The following terms and conditions apply to the platform and services offered by Duality. This includes the mobile and tablet versions as well as any other version of Duality accessible via desktop, mobile, tablet, social media or other devices.
Use of the platform means that you accept these terms and conditions as set out below ("Terms").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
You may use the platform only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of the application and services are available to all ages. Children under the age of 13 must be supervised and receive appropriate guidance in the use of our services. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their child.
By using the platform, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
If you register on Duality, you will be required to choose a password and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Duality of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another
user’s account without prior authorization from Duality. Duality will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Duality with your email address and phone number you consent to our use of your email address to send you notices about the application, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers on our services. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.
Users may cancel their accounts at any time and for any reason by following the instructions on the application or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Duality.
Duality reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Duality believes that you have breached any of these terms, furnished Duality with false or misleading information, or interfered with use of the platform or the service by others.
3. OWNERSHIP AND LICENSES
The property rights of the application and methods used in the application belong exclusively to Cobra Magic. Any physical or virtual exposure of the methods used in the application may lead to violations of Duality's intellectual property rights.
Duality gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (application) provided to you by Duality as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Duality, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Duality platform or third parties.
Duality reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Duality believes that you have violated any of these terms or interfered with the use of the platform or service by others.
4. TV RIGHTS
For the purpose of using the application to perform live television effects, the user must make the request personally for the purpose of obtaining written permission from Duality. The license to use the application to perform live television effects is not provided for the mere registration and use of the application. Any unauthorized use of the application may result in the imposition of penalties and indemnities.
All materials on Duality, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Duality or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Duality are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Duality prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Duality or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
6. COPYRIGHT COMPLAINTS
Duality respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the “Duality” platform infringe upon your copyright or other intellectual property right, please send the following information to:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be
- A statement specifically identifying the location of the infringing material, with enough detail that Duality may find it on the “Duality” platform. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright
7. DUALITY RESPONSIBILITIES
Duality provides and maintains the platform "as is", "as available" and does not promise that the use of the platform will be uninterrupted or totally free of errors.
We cannot offer any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You shall be responsible for any breach of these terms by you and if you use the platform in violation of these terms you shall be liable and shall reimburse Duality for any loss or damage caused as a result.
Duality shall not be liable in any amount for the breach of any obligation under this agreement if such breach is caused by the occurrence of any unforeseen event beyond its reasonable control, including without limitation Internet outages, communications outages, fires, floods, wars or acts of God.
Subject to the foregoing, to the maximum extent permitted by law, Duality excludes liability for any loss or damage of any kind whatsoever, including without limitation any direct, indirect or consequential loss, whether or not arising from any problem you notify Duality and Duality shall have no liability to pay any money by way of compensation, including without limitation all liability in connection with:
- Any incorrect or inaccurate information on Duality's
- The infringement by any person of any intellectual property rights of any third party caused by the use of the platform or any product purchased through the platform.
- Any loss or damage resulting from your use or inability to use the website or resulting from unauthorized access to or alteration of your transmissions or data in circumstances beyond our
- Any loss of profit, wastage, corruption or destruction of data or any other loss not directly resulting from something we have done
- All representations, warranties, conditions and other terms that would otherwise be effective are set forth in this notice.
8. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Duality by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the platform. In addition, the following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, disseminate, display, sell, license, copy or otherwise exploit any content of the site, including, without limitation, using any robot, spider, scraper or other automated means or any manual process for any purpose that is not in accordance with this agreement or without our express written permission;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any part of the application for any purpose without our express written permission;
- Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Duality in connection with the site;
- Evade, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any
9. USER CONTENT
Certain features of the application may allow users to upload or provide content to Duality, which may consist of images, video, text and others. You retain any copyright you may have in the user content you provide to Duality through the application. Duality is not responsible for the accuracy, security or legality of the user content that you provide or post through the application. Users are solely and exclusively responsible for their content and the consequences of providing or publishing their content. By providing user content through the application, you grant Duality a worldwide, non-exclusive, fully paid right and license to host, store, transfer, display, perform, reproduce, publish, modify, and display your content through the application and services.
10. USER CONTENT REPRESENTATIONS AND WARRANTIES
Duality disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the service. By providing user content via the service, you affirm, represent, and warrant that:
- You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Duality and users of the service to use and distribute
your user content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Duality, the service, and these Terms.
- Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Duality to violate any law or
- Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise
- Your user content does not and will not contain hateful content, a threat of physical harm, or
11. USER CONTENT DISCLAIMER
Duality may, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the application, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Duality with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Duality does not permit copyright- infringing activities on the service.
You agree to defend and indemnify Duality and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines,
penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced
- Your violation of any law or the rights of a third
- The use of the
13. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Duality for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
14. CHANGES AND TERMINATION
We may change the platform and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the platform constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
15. PERSONAL DATA
16. INTEGRATION CLAUSE
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation, or validity of these Terms or the use of the
platform shall be settled by binding arbitration between you and Duality, except that each party retains the right to bring an individual action in a court of competent jurisdiction.
18. FINAL PROVISIONS
These terms are governed by the USA laws. Use of our platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
19. CONTACT INFORMATION
If you have questions or concerns about these Terms or the products, please contact us through our contact page or via the contact information below: