1. Use of Website Subject to These Terms and Conditions of Use
By accessing this website (including any related iPhone applications, the “Website”), you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Website. The materials contained in the Website are protected by applicable copyright and trademark law.
2. User Content and Registration Information
Users of the Website agree to the following when submitting any information, content and materials in connection with the use of services offered by MyDiem.com (“User Content”), including information submitted when registering for an account to use the services: (a) provide accurate, current and complete information; (b) maintain the security of any password; and (c) maintain and promptly update any other information you provide to us, so as to keep such information accurate, current and complete. MyDiem.com reserves the right to suspend or terminate any user who provides User Content that proves to be inaccurate, not current or incomplete. You agree to take sole responsibility for all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to notify MyDiem.com immediately of any unauthorized use of your account.
3. User Content Disclaimer
MyDiem.com does not control or endorse User Content, and, therefore, MyDiem.com specifically disclaims any liability concerning User Content. MyDiem.com shall have the right, but not the obligation, to monitor User Content at all times to determine compliance with these Terms and Conditions of Use, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, MyDiem.com shall have the right to edit, delete, remove, prohibit, change or otherwise modify any User Content that MyDiem.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, unsuitable or inappropriate.
4. Use License
Permission is granted to access the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy any information on the Website except as specifically permitted on the Website; use the materials for any commercial purpose or for any public display whether commercial or non-commercial; attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website; crawl, scrape, or otherwise monitor, collect or compile, with or without automated tools, information on the Website for any purpose except as specifically permitted on the Website;transfer the materials to another person or “mirror” the materials or information on any other server;
upload, post, email, or otherwise transmit any User Content that is harmful, threatening, abusive, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or which contains instructions to commit, or encourages, any unlawful, illegal, or criminal activity; upload, post, email, or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other right of any party;
upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; or upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MyDiem.com at any time. By providing or posting any User Content or permitting the collection of any information or data by MyDiem.com, you grant MyDiem.com a non-exclusive, worldwide, perpetual, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, for the purpose of providing services offered by the Website. If your User Content is intended for the use of other users or third parties, you also grant MyDiem.com a non-exclusive, worldwide, perpetual, royalty-free, transferable right to sublicense such User Content to such other users or third-parties for their use in connection with services offered by the Website.
5. Disclaimer and Indemnity
The materials on the Website are provided “as is.” MyDiem.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MyDiem.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to this site. You understand and acknowledge that due to circumstances both within and outside of the control of MyDiem.com, access to the Website may be interrupted, suspended or terminated from time to time and information on the Website may not be accurate.
You agree to release, hold harmless and indemnify MyDiem.com (including any director, officer, employee or agent thereof, the “MyDiem.com Parties”) from any claim, costs, damages, expenses, or liability, including attorney’s fees and court costs, made by you or any third party due to or arising out of User Content submitted by you or your use of the Website or any products or services obtained through the Website, your violation of this agreement, or your violation of any rights of a third party through use of the Website.
To the extent permitted by applicable law, in no event shall any of the MyDiem.com Parties be liable for any damages (including, without limitation, damages for incorrect data, loss of data or profit, or due to business interruption) arising out of the use, or inability to use, the materials on the Website.
7. Revisions and Errata
The materials appearing on the Website could include datum, technical, typographical, or photographic errors. MyDiem.com does not warrant that any of the materials on the Website is accurate, complete, or current. MyDiem.com may make changes to the materials contained on the Website at any time without notice. MyDiem.com does not, however, make any commitment to update the materials.
MyDiem.com has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MyDiem.com of the Website. Use of any such linked websites is at the user’s own risk.
10. Digital Millennium Copyright Act
MyDiem.com respects the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find any content on the Website that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MyDiem.com’s designated Copyright Agent to receive notifications of claimed infringement can be reached at info@MyDiem.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
11. Dispute Resolution Procedures
In the event of any dispute between you and MyDiem.com (including any director, officer, employee or agent thereof) relating in any way to the services provided by MyDiem.com or these Terms and Conditions of Use, you and MyDiem.com agree to use best efforts to resolve such dispute through direct communications before initiating any arbitration or court proceeding. If, however, the parties are unable to resolve the dispute within sixty (60) calendar days of either party first providing the other party written notice of the matter, you and MyDiem.com agree that the dispute shall be exclusively and finally resolved by arbitration before a single arbitrator. You agree the arbitration shall be limited to the dispute between you individually and MyDiem.com and shall not be joined with any other, whether on behalf of a defined class, the general public or otherwise. The arbitration shall be governed by the Rules of Commercial Arbitration of the American Arbitration Association, and you and MyDiem.com agree that the decision of the arbitrator shall be final and the arbitrator’s order may be entered in any court of competent jurisdiction. The foregoing provisions of this Section 11 shall not apply to any action for injunctive relief by either party or to any claim of infringement upon any intellectual property right of either party.
12. Governing Law and Venue
Any dispute or claim relating to the Website shall be governed by the laws of the State of California without regard to its conflict of law provisions and the venue for resolution of such dispute or claim, whether an arbitration or court proceeding in accordance with the terms of Section 11 of this Agreement, shall be San Francisco, California.