TERMS OF WEBSITE USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

These terms tell you the rules for using our website mydidimo.com ("our site"). By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

You acknowledge and agree that you are using our site in a business capacity on behalf of yourself (as a self-employed contractor) or your employer organisation and not for your own personal and domestic use.

1               ABOUT US

1.1           mydidimo.com is a site operated by Didimo, Inc ("we" or "Didimo"). We are registered in the State of Delaware, USA and have our registered office at 3500 South Dupont Highway, in the City of Dover, County of Kent, State of Delaware, 19901.

1.2           To contact us, please email info@mydidimo.com.

2               OTHER TERMS

2.1           These terms of use refer to and incorporate the following additional terms, which also apply to your use of our site:

·       Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is complete, accurate and not misleading.

·       [Our Cookie Policy:

(Didimo)What are cookies?
Cookies are text files containing small amounts of information which are sent to your browser and stored on your computer, mobile phone or other device when you visit a website. The cookies send information back to the originating website or another website that recognizes that cookie.

Cookies can be permanent (these are known as persistent cookies) where they remain on your computer until you delete them, or temporary (these are known as session cookies) where they last only until you close your browser. Cookies can also be first-party cookies which are those set by the website which is being visited, or third-party cookies which are set by a website other than the one being visited.

 

How does Didimo use cookies?
We use cookies for purposes such as improving the functionality of our websites, to understand site and Internet usage and to improve or customize the content, offerings or advertisements on our sites. For example, we may use cookies to personalize your experience at our sites (e.g., to recognize you by name when you return to a site), save your password in password-protected areas, and enable you to use shopping carts on our sites. We also may use cookies to help us offer you products, programs, or services that may be of interest to you and to deliver relevant advertising.

 

Cookies we use & what they are for
The cookies we use on our websites can be categorized as follows:

 

Strictly necessary cookies
These cookies are essential in order to enable you to fully experience the website and use the features and functionalities available to you, such as access to secure areas of the website.

We use this type of cookie to handle user registration and login. Without these cookies services you have asked for cannot be provided. These cookies are first-party cookies, and can be either permanent or temporary. In short, without these cookies our websites won't work properly or won't be able to provide certain features and functionalities.

 

Performance cookies
These cookies collect anonymous information about how visitors use a website, for instance which pages visitors visit most often, in order to provide a better user experience. These cookies do not personally identify individual visitors. All information these cookies collect is aggregated and anonymous.

We use these cookies to:

·                         provide statistics on how our websites are used

·                         measure the delivery and performance of our advertising campaigns

These cookies could be permanent or temporary cookies, first-party or third-party cookies. In short, these cookies collect anonymous information on the pages visited and the adverts viewed.

 

Advertising cookies
These cookies can be used to limit the number of times you see an advert as well as help manage the delivery of advertising campaigns. Advertising cookies are also used to customize the advertising across the website and make it more relevant to you.

Advertising cookies are placed by third parties such as advertisers, ad platforms and their agents, and can be permanent or temporary cookies. In short, they are related to advertising services provided by third parties on our website.

 

Other third-party cookies
On some pages of our website we may have content from services such as YouTube or Facebook. Please note that we do not control any cookies which are used by these services and you should check the relevant third-party website for more information about these.

This Cookies Policy applies to the mydidimo.com website operated by Didimo, Inc. If you have any questions about the use of cookies on our websites please email info@mydidimo.com.

 

How to manage & remove cookies
If you would like to restrict, block or remove cookies you can also do this through your web browser settings. The "Help" function within your web browser will tell you what you need to do. You can also visit http://www.aboutcookies.org for more information on how to manage and remove cookies across a number of different internet browsers. 

Please note that certain areas of our websites can only be accessed by having cookies enabled and you should be aware that disabling cookies may prevent you from accessing some of our content and enjoying the full features of our websites.

For information on how to manage cookies on your mobile device browser you will need to refer to your handset manual.

If you would like to contact us about cookies please email us at info@mydidimo.com.

 

 

2.2           If you purchase Services from our site, including the creation of a DiDiMo avatar, our Terms and Conditions of Service will apply to the services (the "Services") in addition to these terms.

3               CHANGES TO THESE TERMS AND OUR SITE

3.1           We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

3.2           We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

4               ACCESSING OUR SITE

4.1           Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

4.2           You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

4.3           [Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside such geographic area, you do so at your own risk and you agree to comply with any laws applicable to our site in such area.] 

4.4           [If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

4.5           We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

4.6           If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@mydidimo.com

5               INTELLECTUAL PROPERTY RIGHTS

5.1           We are the owner or the licensee of all patents, utility models, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and related rights, design rights, database rights, moral rights, rights in computer software, confidential information (including but not limited to know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world ("Intellectual Property Rights") in our site, and in the material published on it. Those works are protected by Intellectual Property Rights laws and treaties around the world. All such rights are reserved.

5.2           You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

5.3           You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.4           Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

5.5           [Subject to the Terms and Conditions for Services, y][Y]ou must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

5.6           If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6               NO RELIANCE

6.1           The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.

6.2           Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

7               LIMITATION OF LIABILITY

7.1           We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

7.2           Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Services to you, which will be set out in our Terms and Conditions of Service.

7.3           To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to our site or any content on it, whether express or implied.

7.4           We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a)           use of, or inability to use, our site; or

(b)           use of or reliance on any content displayed on our site.

7.5           Please note that in particular, we will not be liable for:

(a)           loss of profits (whether direct or indirect)

(b)           loss of sales, business, or revenue;

(c)           loss of data;

(d)           business interruption;

(e)           loss of anticipated savings;

(f)            loss of business opportunity, goodwill or reputation; or

(g)           any indirect or consequential loss or damage,

caused by tort (including negligence), breach of contract, breach of statutory duty or otherwise, even if foreseeable.

7.6           We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

7.7           We assume no responsibility for [any user-generated content uploaded or displayed on our site, nor for] the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them [or your use of any user-generated content].

8               [USER-GENERATED CONTENT

8.1           This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

8.2           If you wish to complain about information and materials uploaded by other users please contact us on info@mydidimo.com. 

9               UPLOADING CONTENT TO OUR SITE 

9.1           Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy (see clause 10).

9.2           You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

9.3           Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content. 

9.4           We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their Intellectual Property Rights, or of their right to privacy.

9.5           We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy (see clause 10).

9.6           You are solely responsible for securing and backing up your content.

10            ACCEPTABLE USE POLICY

10.1        You may use the site only for lawful purposes. You may not use the site in any manner which:

(a)           breaches any applicable local or national law;

(b)           is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c)           we consider, in our absolute discretion, is harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethically offensive; or

(d)           depicts sexually explicit images or promotes violence.

10.2        You shall not, and shall not permit any person to:

(a)           except to the extent expressly permitted under these terms, attempt to copy, modify, tamper with, duplicate, re-sell, create derivative works from, mirror, republish, download, display, transmit, or distribute all or any portion of our site in any form or media by any means;

(b)           attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our site;

(c)           remove any Didimo mark, logo, trade name, copyright notice and/or any other proprietary notice (as applicable) from our site;

(d)           access all or any part of our site in order to build a product or service which competes with our site;

(e)           use our site to provide services to third parties; 

(f)            procure or assist in the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

(g)           do or permit to be done any act or omission in relation to use of this site which does or may adversely materially affect the reputation, goodwill or image of Didimo.

11            VIRUSES, HACKING AND OTHER OFFENCES

11.1        We do not guarantee that our site will be secure or free from bugs or viruses.

11.2        You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

11.3        You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

12            LINKING TO OUR SITE

12.1        You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.2        You must not establish a link to our site in any website that is not owned by you.

12.3        Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.

12.4        If you wish to link to or make any use of content on our site other than that set out above, please contact info@mydidimo.com. 

13            LINKING FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or any loss or damage that may arise from your use of them.

14            JURISDICTION AND APPLICABLE LAW

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.