Terms of Service

The Gist

We are on a mission to make the web a better place. We hope you love our service as much as we love creating it.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our service. Please read them carefully and reach out to us if you have any questions.

These Terms and other policies here are based on kindly provided ones by Automattic Inc. under a Creative Commons Sharealike license. You also can grab a copy of these (or original Terms and other legal documents on thier Github). You’re welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise (with your legal advisor) the language so that your Terms reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to our site somewhere on your site.

If you find author or post that you believe violates these Terms or Rules, please contact us.

Terms of Service

These Terms govern your access to and use of Descr.be, as well as all content and products and services available at our website (collectively, “Service”).

Our Service is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy), and procedures that may be published from time to time by us (collectively, the “Agreement”). You agree that we may automatically upgrade our Service, and the Agreement will apply to any upgrades.

Please read the Agreement carefully before accessing or using our Service. By accessing or using any part of our Service, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Service.

1. Who’s Who

Throughout these Terms, “you”, "user", "poster" applies to both individuals and entities that access or use our Service. If you are an individual using our Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service, you are accepting the Agreement on behalf of that entity.

We people behind the Service collectively as "Descr.be", "Describe", "Descr!be", "we" or "us" throughout these Terms.

2. Your Account

Where use of our Service requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Service. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

When you create a Descr.be account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.

3. Minimum Age Requirements

Our Service are not directed to children. Access to and use of our Service is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Service. Any person who registers as a user or provides their personal information to our Service represents that they are 13 years of age or older (or 16 years or older in the European Union).

4. Responsibility of Visitors and Users

5. Fees, Payments, and Refunds

a. Descr.be Fees

Our Service is free.

Fee Changes. We may change our fees at any time, or start charging fees for Service that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.

6. General Representation and Warranty

Specific Service Terms

a. Descr.be Website and Accounts

Descr.be enables you to create posts describing images' details for explanation, education and fun, and we would love for you to use it.

Descr.be’s basic service is free. Our service is designed to give you as much control and ownership over what goes on your posts as possible. You own all content you post. However, be responsible in what you publish. In particular, make sure that none of the prohibited items appear in your posts.

License. By submitting Content to Descr.be for inclusion in your post, you grant Descr.be and our users a world-wide, royalty-free, non-exclusive, transferable, sublicensable license to use, store, display, reproduce, save, modify, create derivative works, redescribe, adapt, perform, distribute and publish (Use) the Content solely for the purpose of operating, developing, providing, and using Descr.be, and displaying, distributing, and promoting your post. This license also allows Descr.be to make any publicly-posted Content available to third parties selected by Descr.be so that these third parties can analyze the Content.

Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view on Descr.be, but you acknowledge that caching or references to the Content may not be made immediately unavailable. We and our users may continue Use your Content that other users have stored, used, redescribed or shared under these Terms.

Prohibited Uses. By using Descr.be, you represent and warrant that your Content and conduct do not violate the Rules.

Advertisements. We reserve the right to display advertisements on your posts unless you have purchased a plan that includes the removal of ads.

b. Ecommerce

If you want to sell set of things by one picture, please use FleaFlea.me, service specially and better suited for this purpose (with item price, seller's location and other features).

You are welcome to post affiliate links here, in your descriptions.

Prohibited Uses. You may not use Descr.be for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to our Service without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms and our Rules.

Tax Calculations. You are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of our Service. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.

8. Copyright Infringement

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Descr.be service violates your copyright, please notify us in accordance with Descr.be’s Copyright Notice Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links in our control to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Descr.be or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

9. Intellectual Property

The Agreement does not transfer from Descr.be to you any Descr.be or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Descr.be. Other trademarks, service marks, graphics, and logos used in connection with our Service may be the trademarks of other third parties. Your use of our Service grants you no right or license to reproduce or otherwise use any Descr.be or third party trademarks.

10. Changes

We are constantly updating our Service and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Descr.be, or by the posting by Descr.be of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

11. Termination

We may terminate your access to entire or any part of our Service at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Descr.be policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of our Service to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your Descr.be account, you may simply discontinue using our Service.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Disclaimer of Warranties

Our Services are provided “as is”. Descr.be and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Descr.be, nor its suppliers and licensors, makes any warranty that our Service will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Service at your own discretion and risk.

13. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Service will be governed by the laws exclusively of the state where the defendant is located, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Service will be the state and federal courts located exclusively in the state where the defendant is located.

14. Limitation of Liability

In no event will Descr.be, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Descr.be under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Descr.be shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

15. Indemnification

You agree to indemnify and hold harmless Descr.be, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Service, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s account.

16. US Economic Sanctions

You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.

17. Translation

These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

18. Miscellaneous

The Agreement constitutes the entire agreement between Descr.be and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Descr.be may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change log and effective dates