Terms of Service for Your Personal Use
May 31, 2008
By using a DIAS Ltd. website and other DIAS Ltd. websites and services ("DIAS Ltd. Services"), you agree to be bound by the following terms and conditions (the "Terms of Service"). The services offered by DIAS Ltd. ("DIAS Ltd." or "we") include the DIAS Ltd. website (the "DIAS Ltd. Website"), DIAS Ltd. refers to any and all of the websites DIAS Ltd. Owns including but not limited to www.DIAS.biz, www.DarinDias.com, www.DiasPages.com, www.TheComputerDoctor.net and any other features, content, or applications offered from time to time by DIAS Ltd. in connection with the DIAS Ltd. Website (collectively, the "DIAS Ltd. Services"). This entire agreement is applicable to the fullest extent of the law for DIAS Ltd. and any and all mentioned subsidiaries. If for whatever reason, part of this agreement is found to be unenforceable, all other terms of this agreement stand as enforceable. The DIAS Ltd. Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the DIAS Ltd. Services. By using the DIAS Ltd. Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the DIAS Ltd. Website) or you are a "Member" (which means that you have registered with DIAS Ltd.). The term "User" refers to a Visitor or a Member. You are only authorized to use the DIAS Ltd. Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the DIAS Ltd. Website and discontinue use of the DIAS Ltd. Services immediately. If you wish to become a Member, communicate with other Members and make use of the DIAS Ltd. Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes DIAS Ltd. policy for acceptable use of the DIAS Ltd. Services and Content posted on the DIAS Ltd. Website, your rights, obligations and restrictions regarding your use of the DIAS Ltd. Services and DIAS Ltd. Privacy Policy. Please refer to DIAS Ltd.
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1. Privacy Policy
For information about your Privacy. Click Here to see DIAS Ltd. Privacy Policy. In order to participate in certain DIAS Ltd. Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the DIAS Ltd. Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: service@dias.biz , Subject: Terms of Use Agreement.
DIAS Ltd. may modify this Agreement from time to time and such modification shall be effective upon posting by DIAS Ltd. on the DIAS Ltd. Website. You agree to be bound to any changes to this Agreement when you use the DIAS Ltd. Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on DIAS Ltd. and that you provide to other Users. Your DIAS Ltd. profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other DIAS Ltd. Members (for instance, in their Page) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and DIAS Ltd. assumes no responsibility or liability for this material. If you become aware of misuse of the DIAS Ltd. Services by any person, please contact DIAS Ltd or click on the "Report Inappropriate Content" link at the bottom of any DIAS Ltd. page.
DIAS Ltd. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the DIAS Ltd. Services at any time, for any or no reason, with or without prior notice, and without liability.
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2. Content Linked to by DIAS Ltd.
Pages displayed from as a result or linked to by DIAS Ltd. are developed by people over whom DIAS Ltd. exercises no control. The search results that appear on the DIAS Ltd. site DIAS Ltd. cannot and does not screen the sites before including them in the data base from which such automated search results are gathered. A search using DIAS Ltd. Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a DIAS Ltd. search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the DIAS Ltd. Services.
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3. Personal Business Use Only
You may not take the results from a DIAS Ltd. search and reformat and display them, or mirror the DIAS Ltd. home page or results pages on your Web site. You may not "meta-search" DIAS Ltd.. If you want to make commercial use beyond what is common responsible use of the DIAS Ltd. Services, you must enter into an agreement with DIAS Ltd. in advance. Please contact us for more information.
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4. No Automated Querying
You may not send automated queries of any sort to DIAS Ltd. system without express permission in advance from DIAS Ltd. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to DIAS Ltd. to determine how a website or webpage "ranks" on DIAS Ltd. for various queries;
- "meta-searching" DIAS Ltd.; and
- performing "offline" searches on DIAS Ltd.
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5. Privacy Policy
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6. Changes In Terms and Conditions and DIAS Ltd. Search Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
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7. Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here. For information regarding our trademark complaint procedure, please click here.
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8. Disclaimer of Warranties
DIAS Ltd. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the DIAS Ltd. results. DIAS Ltd. disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. DIAS Ltd. disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the DIAS Ltd. Services.
THE DIAS LTD. SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE DIAS LTD. SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DIAS LTD. AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DIAS LTD. AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DIAS LTD. SERVICES. DIAS LTD. AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DIAS LTD. SERVICES. DIAS LTD. AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DIAS LTD. SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DIAS LTD. SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE DIAS LTD. SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DIAS LTD. SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
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9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DIAS LTD. OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE DIAS LTD. SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DIAS LTD. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DIAS LTD. SERVICES, FROM INABILITY TO USE THE DIAS LTD. SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DIAS LTD. SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DIAS LTD. SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DIAS LTD. SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DIAS LTD. SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DIAS LTD. SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE DIAS LTD. SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DIAS LTD. SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall DIAS Ltd. or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
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10. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by DIAS Ltd.
TERMS OF USE CONTINUED
1. Eligibility. Use of and Membership in the DIAS Ltd. Services is void where prohibited. By using the DIAS Ltd. Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the DIAS Ltd. Services does not violate any applicable law or regulation.
2. Term. This Agreement shall remain in full force and effect while you use the DIAS Ltd. Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. DIAS Ltd. may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Fees. Currently there are no fees to use nearly all of DIAS Ltd services. You acknowledge that DIAS Ltd. reserves the right to charge for the DIAS Ltd. Services and to change its fees from time to time in its discretion. If DIAS Ltd. terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees, prorated accordingly.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify DIAS Ltd. immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The DIAS Ltd. Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by DIAS Ltd. Illegal and/or unauthorized use of the DIAS Ltd. Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the DIAS Ltd. Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the DIAS Ltd. Services.
- 6. Proprietary Rights in Content on DIAS Ltd.
A. DIAS Ltd. does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the DIAS Ltd. Services. After posting your Content to the DIAS Ltd. Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the DIAS Ltd. Services, you hereby grant to DIAS Ltd. a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the DIAS Ltd. Services.
Without this license, DIAS Ltd. would be unable to provide the DIAS Ltd. Services. For example, without the right to modify Member Content, DIAS Ltd. would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, DIAS Ltd. could not allow Users to listen to music posted by Members. The license you grant to DIAS Ltd. is non-exclusive (meaning you are free to license your Content to anyone else in addition to DIAS Ltd.), fully-paid and royalty-free (meaning that DIAS Ltd. is not required to pay you for the use on the DIAS Ltd. Services of the Content that you post), sublicensable (so that DIAS Ltd. able to use its affiliates and subcontractors such as Internet content delivery networks to provide the DIAS Ltd. Services), and worldwide (because the Internet and the DIAS Ltd. Services are global in reach). This license will terminate at the time you remove your Content from the DIAS Ltd. Services. The license does not grant DIAS Ltd. The right to sell your Content, nor does the license grant DIAS Ltd. the right to distribute your Content outside of the DIAS Ltd. Services.B. You represent and warrant that: (i) you own the Content posted by you on or through the DIAS Ltd. Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the DIAS Ltd. Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the DIAS Ltd. Services.
7. The DIAS Ltd. Services contain Content of DIAS Ltd. ("DIAS Ltd. Content"). DIAS Ltd. content is protected by copyright, trademark, patent, trade secret and other laws, and DIAS Ltd. owns and retains all rights in the DIAS Ltd. Content and the DIAS Ltd. Services. DIAS Ltd. hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the DIAS Ltd. Content (excluding any software code) solely for your personal use in connection with viewing the DIAS Ltd. Website and using the DIAS Ltd. Services.
8. The DIAS Ltd. Services contain Content of Users and other DIAS Ltd. licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the DIAS Ltd. Services.
9. Content Posted. DIAS Ltd. may delete any Content that in the sole judgment of DIAS Ltd. violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. DIAS Ltd. assumes no responsibility for monitoring the DIAS Ltd. Services for inappropriate Content or conduct. If at any time DIAS Ltd. chooses, in its sole discretion, to monitor the DIAS Ltd. Services, DIAS Ltd. nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
10. HOW WE MAY USE INFORMATION YOU PROVIDE TO US: Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
11. You are solely responsible for the Content that you post on or through any of the DIAS Ltd. Services, and any material or information that you transmit to other Members and for your interactions with other Users. DIAS Ltd. does not endorse and has no control over the Content. Content is not necessarily reviewed by DIAS Ltd. prior to posting and does not necessarily reflect the opinions or policies of DIAS Ltd.. DIAS Ltd. makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
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12. Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the DIAS Ltd. Services. DIAS Ltd. reserves the right to investigate and take appropriate legal action against anyone who, in DIAS Ltd. sole discretion, violates this provision, including without limitation, removing the offending communication from the DIAS Ltd. Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of DIAS Ltd.:
A. Selling any and all goods or services which are illegal in your city, county, state or country.
B. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
C. harasses or advocates harassment of another person;
D. exploits people in a sexual or violent manner;
E. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
F. solicits personal information from anyone under 18;
G. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
H. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
I. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
J. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
K. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
L. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
M. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
O. includes a photograph of another person that you have posted without that person's consent; or
P. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the DIAS Ltd. Website and through your use of the DIAS Ltd. Services. DIAS Ltd. reserves the right to investigate and take appropriate legal action against anyone who, in DIAS Ltd.’ sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
A. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
B. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the DIAS Ltd. Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, DIAS Ltd. reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which DIAS Ltd. deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the DIAS Ltd. Services, you acknowledge that you will have caused substantial harm to DIAS Ltd., but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay DIAS Ltd. $49 for each such unsolicited email or other unsolicited communication you send through the DIAS Ltd. Services;
C. covering or obscuring the banner advertisements on your personal profile page, or any DIAS Ltd. page via HTML/CSS or any other means;
D. any automated use of the system, such as using scripts to add friends or send comments or messages;
E. interfering with, disrupting, or creating an undue burden on the DIAS Ltd. Services or the networks or services connected to the DIAS Ltd. Services;
F. attempting to impersonate another Member or person;
G. for band profiles, copying the code for your DIAS Ltd. Player and embedding it into other profiles or asking other Members to embed it into their profiles;
H. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
I. selling or otherwise transferring your profile;
J. using any information obtained from the DIAS Ltd. Services in order to harass, abuse, or harm another person;
K. using the DIAS Ltd. Services in a manner inconsistent with any and all applicable laws and regulations.
13. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of DIAS Ltd. to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to DIAS Ltd. by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the DIAS Ltd. Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the DIAS Ltd. Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. DIAS Ltd. Copyright Agent for notice of claims of copyright infringement can be reached as follows: Email: service@dias.biz.
14. Member Disputes. You are solely responsible for your interactions with other DIAS Ltd. Members. DIAS Ltd. reserves the right, but has no obligation, to monitor disputes between you and other Members.
15. Privacy. Use of the DIAS Ltd. Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
16. Your Protection. DIAS LTD. IN NOT RESPONISBLE FOR ANY AND ALL DISPUTES BETWEEN OTHER MEMBERS OF DIAS LTD.. YOU USE DIAS LTD. AT YOUR OWN RISK. YOU RELEASE DIAS LTD. FROM LIBILITY. YOU ARE ON YOUR OWN AND AT YOUR OWN RISK BUY USE OF THIS WEBSITE. YOU AGREE TO RELEASE DIAS LTD. FROM ANY AND ALL LIBILITY IN YOUR USE OF DIAS LTD.
17. Errors and omissions (ONLY APPLICABLE TO PAID ADVERTING). IN THE EVENT OF ANY ERROR IN OR OMISSION OF ALL OR ANY PART OF ANY ADVERTISING. THE PARTIES AGREE THAT DIAS LTD. LIABILITY SHALL BE LIMITED TO PRO RATE ABATEMENT OF THE CHARGES PAYABLE OF SUCH ADVERTISING DURING THE IN-SERVICE LIFE OF THE PERIOD IN WHICH SUCH ERROR OR OMISSION OCCURS IN THE SAME PROPORTION THAT SUCH ERROR OR OMISSION REDUCES THE VALUE OF THE ADVERTING. IN NO EVEN SHALL DIAS LTD. LIABILITY TO ADVERTISER FOR CLAIMS OF ANY KIND WHATSOEVER FOR LOSS OF DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTION WITH ANY SUCH ERROR OR OMISSION EXCEED THE TOTAL OF SUCH CHARGES PAYABLE FOR THE ADVERTING. IN NO EVENT SHALL DIAS LTD. LIABILITY TO ADVERTISER FOR CLAIMS OF ANY KIND WHATSOEVER FOR LOSS OR DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH ERROR OMISSION EXCEED THE TOTAL OF SUCH CHARGE PAYABLE FOR THE ADVERTISING. IN NO EVENT SHALL DIAS LTD. BE LIABLE FOR ANY LOSS OF ADVERTISER’S BUSINESS REVENUES OR PROFITS, THE COST TO ADVERTISER OF OTHER FORMS OF ADVERTISING, OR SPECIAL CONSEQUENTIAL, IN DIRECTED OR PUNITIVE DAMAGES OF ANY NATURE. IN NO EVENT SHALL DIAS LTD. BE LIABLE FOR ERRORS OR OMISSIONS OR OTHER WRONGFUL CONDUCT OF ANY THIRD PARTY, INCLUDING AUDIO TEXT AND OTHER INFORMATION PROVIDERS WHOSE SERVICE MAY BE MENTIONED IN ANY ADVERTING. THE FOREGOING PROVISION SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW AND REGARDLESS OF WHETHER ADVERTISERS CLAIM IS BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE OF WHATEVER DEGREE), STRICTLY LIABILITY OR OTHERWISE AND SHALL CONSTITUTE DIAS LTD.’ SOLE LIABILITY TO ADVERTISER AND ADVERTISERS EXCLUSIVE REMEDY AGAINST DIAS LTD. IN THE EVENT OF SUCH ERROR OR OMISSIONS AND ADVERTISER SPECIFICALLY WAIVES ANY RIGHT TO ANY SUCH CLAIM FOR LOSS OR DAMAGE. NO LAWSUIT MAY BE BROUGHT FOR ANY RELIEF BASED ON ANY ERROR OR OMISSION TO ADVERTING UNLESS A CLAIM IS FIRST MADE WITHIN THE TIME PERIOD OF MAKING CLAIMS AND IN NO EVEN MORE THAN 1 MOTH AFTER THE EXPIRATION OF THE TIME PERIOD FOR MAKING CLAIMS.
18. Disclaimers. DIAS Ltd. is not responsible for any incorrect or inaccurate Content posted on the DIAS Ltd. Website or in connection with the DIAS Ltd. Services, whether caused by Users of the DIAS Ltd. Services or by any of the equipment or programming associated with or utilized in the DIAS Ltd. Services. Profiles created and posted by Members on the DIAS Ltd. Website may contain links to other websites. DIAS Ltd. is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by DIAS Ltd.. Inclusion of any linked website on the DIAS Ltd. Services does not imply approval or endorsement of the linked website by DIAS Ltd.. When you access these third-party sites, you do so at your own risk. DIAS Ltd. takes no responsibility for third party advertisements which are posted on this DIAS Ltd. Website or through the DIAS Ltd. Services, nor does it take any responsibility for the goods or services provided by its advertisers. DIAS Ltd. is not responsible for the conduct, whether online or offline, of any User of the DIAS Ltd. Services. DIAS Ltd. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. DIAS Ltd. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the DIAS Ltd. Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the DIAS Ltd. Services. Under no circumstances shall DIAS Ltd. be responsible for any loss or damage, including personal injury or death, resulting from use of the DIAS Ltd. Services, attendance at a DIAS Ltd. event, from any Content posted on or through the DIAS Ltd. Services, or from the conduct of any Users of the DIAS Ltd. Services, whether online or offline. The DIAS Ltd. Services are provided "AS-IS" and as available and DIAS Ltd. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DIAS Ltd. cannot guarantee and does not promise any specific results from use of the DIAS Ltd. Services.
19. Limitation on Liability. IN NO EVENT SHALL DIAS LTD. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DIAS LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIAS LTD.’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DIAS LTD. FOR THE DIAS LTD. SERVICES DURING THE TERM OF MEMBERSHIP.
20. U.S. Export Controls. Software available in connection with the DIAS Ltd. Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the DIAS Ltd. Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
21. Indemnity. You agree to indemnify and hold DIAS Ltd., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the DIAS Ltd. Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the DIAS Ltd. Website or through the DIAS Ltd. Services causes DIAS Ltd. to be liable to another.
22. Other. This Agreement is accepted upon your use of the DIAS Ltd. Website or any of the DIAS Ltd. Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and DIAS Ltd. regarding the use of the DIAS Ltd. Services. The failure of DIAS Ltd. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. DIAS Ltd. is a trademark of DIAS Ltd.. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
23. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts entered into and performed in California by residents thereof. Any action or proceeding brought by you under or relating to this Agreement shall be brought in a state or federal court located in the City of Santa Rosa, State of California, and you hereby irrevocably submit to the personal jurisdiction of and irrevocably consent to venue in such courts for purposes of any such action or proceeding. Any claim against us arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy by any other party.
24. Disputes. If there is any dispute about or involving the DIAS Ltd. Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Santa Rosa. Either DIAS Ltd. or you may demand that any dispute between DIAS Ltd. and you about or involving the DIAS Ltd. Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Santa Rosa, California, USA, provided that the foregoing shall not prevent DIAS Ltd. from seeking injunctive relief in a court of competent jurisdiction.
25. Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the subject matter of this Agreement and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in this Agreement. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. This Agreement may not be modified except by writing signed by you and us; provided, however, we may change these Ts&Cs from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Web site.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Please contact us at: Contact DIAS Ltd. with any questions regarding this Agreement.
Privacy Matters:
DIAS Ltd.
429 8th Street #6
Santa Rosa, CA 95401
(707) 566-6868
Service@Dias.biz
Thank you, for being our customer!
We try to do the best we can to provide you with superior service.
We care about you guys, again, if you have any questions please contact us at one of mentioned methods.