Last updated: 2022-02-13
Welcome and thank you for using The Derpi Stash (TDS, the App)! This app is provided by ZepiWolf (I, me).
By using TDS you warrant and agree that you are above the age of thirteen (13). By using the app, you warrant that you are of sound mind, have the capacity to contract, and agree to the terms and conditions contained within this Agreement.
2.1 The “Content” refers to the user generated content retrieved from derpibooru.org, including, but not limited to, images, videos, GIF videos, flash animations, tags, posts, post information & comments.
2.2 “User” means the person using the app.
2.3 “User Submission” refers to Content (e.g. comments, posts, messages) submitted or posted by Users.
3. App Content & Services
3.2 I reserve the right to hide objectionable Content, described in section 4, for any reason, without prior notice.
Content in violation of the Google Play Developer Programme Policies will also be removed.
By using the App you expressly hold me harmless from any and all liability arising from your use of any third party website.
3.3 You agree that you are responsible for all data or roaming charges you incur through your use of the App.
3.4 Crawling, scraping, scripting or otherwise accessing any Content from within the App is strictly prohibited.
3.5 You are solely responsible for your interactions with other Users of the App, whether online or offline. You agree that I am not responsible or liable for the conduct of any User.
3.6 Since the Content is retrieved from a third-party site, I am not responsible for any interruptions in the services.
3.7 By disabling the SFW mode you warrant and agree that you are above the age of eighteen (18) or the age of
majority in your country, whichever is greater.
4. Objectionable Content
4.1 Objectionable Content includes, but is not limited to; harassment, discrimination, harmful, abusive and otherwise illegal activities, nudity, sexual content, bestiality, profanity, drugs, violence, etc.
4.2 Objectionable Content when not using the SFW mode includes, but is not limited to; harassment, discrimination, harmful, abusive and otherwise illegal activities, drugs, real-life bestiality and sexual content, etc.
4.3 The App includes the ability to report Content that violates this Agreement. Reported Content is moderated and valid reported Content will be hidden from Users.
5. Access to the App and its Services
5.1 In order to access some features of the App, including, but not limited to, commenting, voting & favouring Content, you will need to have an account on derpibooru.org and an API key.
You are responsible for keeping your API key secure and you are solely responsible for the activity that occurs on your account. I do not have access to any username or API key of any User of the App.
6. Use of the App – Permission and Restrictions
6.1 You agree to use the App only for the purposes that are permitted by this Agreement. I hereby grant you permission to access and use the App as mentioned in this Agreement, provided that:
6.1.1 You agree that you have the legal right and capacity to enter into this Agreement.
6.1.2 You must not use the App for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations applicable to your use of this App.
6.1.3 You must not distribute in any medium any part of the App without prior written authorisation from me.
You agree not to circumvent, disable or otherwise interfere with security related features of the App or its features that prevent or restrict use.
6.1.4 You agree not to use or launch any type of automated system, including but not limited to, robots, spiders, or
offline readers etc., that accesses the App or its Content in a manner that sends more requests to the servers in a given period of time than a human can reasonably produce in the same period by using the App.
6.1.5 I reserve the right to discontinue any aspect or part of the App at any time.
6.1.6 Your rights under this Agreement will terminate automatically if you breach any part of this Agreement.
7. User Engagement
7.1 You are solely responsible for your own engagement and the consequences.
7.2 You agree to pay for all royalties, fees, and any other monies owed by reason of your App engagement.
7.3 User Submissions must follow the Derpibooru Uploading guidelines https://derpibooru.org/pages/rules.
7. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW:
7.1 YOUR USE OF THE APP AND ITS SERVICES IS AT YOUR OWN RISK. THE APP IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE
OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
7.2 I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, USER ENGAGEMENT, OR PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ITS SERVICES, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM THE FOREGOING.
7.3 I DO NOT WARRANT THAT YOUR USE OF THE APP OR ITS SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND I SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING THE APP AND ITS SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APP.
8. Limitation of Liability
8.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL I BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USAGE OF THE APP.
8.2 I AM NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE ME AND ALL OTHER FUTURE DEVELOPERS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You agree to defend, indemnify and hold me, and all other future developers, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys fees) arising out of or in any way connected with your usage of the App.
10.2 I reserve the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the App following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
10.3 If you have questions regarding this Terms of Service Agreement, please contact me at http://zepiwolf.se/contact.