1. Definitions and Acceptance of the Privacy Policy

Welcome to DiasporaEngager, the world’s premier and largest Diaspora engagement network platform operated by Diaspora Engagement, LLC aka DiasporaEngagerTM (“Diaspora Engagement", "Diaspora Engagement ®", "DiasporaEngager”, “we”, “our”, “us”).

Your privacy is important to DiasporaEngager, so we have developed this Privacy Policy to assist you understand how DiasporaEngager collects, uses, discloses, transfers, stores, and safeguards the information you provide us using DiasporaEngager's websites, services, and products.

Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions. If you do not agree to all of the terms of this Privacy Policy, your sole and exclusive remedy is to discontinue using the Website immediately. By using the DiasporaEngage Website (“Website”), Service, products and applications, you agree to be bound by the terms of this policy, whether or not you registered as a User of DiasporaEngager.

By “User” or “Member” we mean anyone who registered or subscribed to use DiasporaEngager services.

 

DiasporaEngager may contain links to other websites. We cannot be and are not responsible for the privacy policies of other websites. We encourage our Users to be aware when they leave our Website to read the privacy statements of each and every website that collects personally identifiable information.

 

If you are using DiasporaEngager on behalf of a company or another legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us.

This Privacy Policy was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls and governs your relationship with DiasporaEngager and with other Users the DiasporaEngager’s Website, Service and products. Please visit and familiarize yourself also with our Terms of Use Agreement (User Agreement, Terms of Use), as it is part of our legal agreement/contract with you.

 

In this agreement, "DiasporaEngager" also means the features and services available, including through (a) our Website at www.DiasporaEngager.com  and any other DiasporaEngager branded or co-branded websites (including but not limited to sub-domains, international versions, widgets, and mobile versions); (b) our platform; (c) social plugins, (d) map, (e) directory, and (f) other media, software, devices, or networks now existing or later developed.

By “Service”, we mean the registration on DiasporaEngager, or the use of our Website, including our mobile applications, developer platform, premium services, or other information and products provided by DiasporaEngager now or later developed.

 

By “Platform”, we mean our website and all the services it contains.

 

In our context, by Diaspora we mean anyone who, for any reasons, is living in a town or country that is not his or her place of origin or ancestry or a place where he or she grew up or may have lived for a long time. Some people may call them an immigrant, a stranger, or an alien. Some may argue that, most individuals can be remotely linked to a country of origin different than their current country of residence, and therefore, most of us are an alien, immigrant, or a Diaspora of somewhere. Therefore, without entering into any political, spiritual, scientific, or demographic debates, the word “Diaspora” as used in the context of DiasporaEngager platform can be applied to any human being.

 

If you did not have an account with us yet, Click Here to Register Today. It is Free!

We thank you for visiting our Website. 

 

2. Changes to this Privacy Policy

DiasporaEngager reserves the right to change, modify, add, or remove portions of this Policy at any time with or without notice in advance. If we make any material changes, a prominent notice will be posted on our Website. You should visit this Website regularly to review the current Policy because it is binding on you. If you object to any such changes, you may cease using our Website immediately. Using of DiasporaEngager Website and products following notice of any such changes or after a notice of changes has been published on our Website (deemed constructive notice) shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. All changes will be effective immediately upon notice to you either by electronic mail or posting to the Website.

 

3. When does DiasporaEngager Collect Information on You?

You may be asked to provide your personal information (data that allows a direct association with an specific individual) anytime you are in contact with DiasporaEngager’s Website, products, and services. We may also collect non-personal information (data that does not permit direct association with any specific individual).

DiasporaEngager and its affiliates may share this information with each other and use it consistent with our Privacy Policy and Terms of Use Agreement with you. We may also combine it with other information to better serve you, provide and improve our products, services, content, and advertising.

 

We collect personal and non-personal information:

  • When you create a DiasporaEngager account, register or purchase a product,  download a product from our Website,  post and view a need or an offer, conduct a search with our applications, contact someone using our platform, respond to a chat, participate in an online survey, or interact with third party services (e.g. polls or other third party research).

 

  • When you share your content with others using DiasporaEngager products and Service,  or invite others to join you on DiasporaEngager forums or groups.

 

  • When we need to authenticate your account. We may ask for your Social Security Number, but only in limited circumstances such as when authenticating your identity in order for instance to make a tax deductable offer or to secure your transaction.

 

  • Whenever you visit a game, application, or website that uses DiasporaEngager platform or visit a site with a DiasporaEngager feature (such as a social plugin), sometimes through cookies.

 

  • When you view and interact with DiasporaEngager pages, features, and functionality, including DiasporaEngager mobile applications, software, and platform technology.

 

  • When you access web pages containing DiasporaEngager interactive plugins, or when you apply DiasporaEngager functionality.

 

  • When you use a DiasporaEngager application or interact with a website that has deployed a plugin, you agree that information about you and your use of our Service may be communicated to us.

 

4. What Information does DiasporaEngager Collect and Use?

DiasporaEngager may gather and use information about you, including but not limited to the following: Name; Username and Password; Address; Zip Code or Area Code; Telephone Number; Fax Number; Email Address; Country of Residence; Country of Origin; Country of Citizenship; Age; Gender; Language Preference(s); Duration of Residence in Home; Country  Before Moving; Tribe or Culture; Education Completed; Job Title; Field of Expertise; Occupation; Number of Year of Experience; Resume or CV; Memberships; Areas of Need and Interest; Photo of you or Logo of your Organization; Description of your Organization (vision, mission, objectives, services Provided); Social Security Number (in limited instances in the US); Information about your match; And any information that you post on your pages or on our social medias or that you choose to make available; Internet Protocol (“IP”) address of your computer (or the proxy server you use to access the World Wide Web); Browser type; Operating system; Cookies Information; Banking and Payment Information (e.g. credit card information, account number) if applicable; Products or services ordered and delivered; List of your contacts and related data; Correspondence between you, DiasporaEngager, and any other Users; Location information; URLs of landing pages or sites that have embedded DiasporaEngager platform technology; URL of the page you were on when you click on an ad on DiasporaEngager.; Referring and Exit pages (pages from which you leave the DiasporaEngager Website); Click Stream Data; Email Patterns; Visited webpages; Mobile Device and Mobile Operating System; Name of the Internet Service Provider (ISP) or your mobile carrier; Time Zone where a DiasporaEngager product or service is used; Date and Time you visit the site; Your User ID if you are logged in to DiasporaEngager; Customer activities on our Website, and from our other products and services.

 

After removing your identification information from the non-personal data we collect, we may aggregate and use it to help us provide more useful information to our customers and to understand which parts of our Website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

 

5. Consent to DiasporaEngager Processing and Transferring Information about You

The information you provide to DiasporaEngager may reveal, or allow others to identify you. By providing information to us for the purposes of creating your User account or adding any additional details to your DiasporaEngager profile, you are expressly and voluntarily allowing DiasporaEngager to process information about you.

You have the right to withdraw your consent to DiasporaEngager’s collection and processing of your information at any time, in accordance with the terms of this Privacy Policy and our Terms of Use Agreement (or User Agreement), by changing your settings, or by closing your account. However, note that your withdrawal of consent will not be retroactive. If you want to close your account send us an email at contact@DiasporaEngager.com

 

Although we collect data about you, it is up to you the information you decide to share/show on your public profile. By default, your account is set up to share on your profile most of the information you used to register except key critical personal information like telephone number, street address, password. So that others Users can benefit from the site by contacting you and get your help or help you, DiasporaEngager lists on your profile the information you provided about your match during your registration. If you do not want the information about your match to be showed on your profile, the only remedy is to delete your account. DiasporaEngager was not created so Users create an account, then hide themselves from others via privacy setting while benefiting from other behind the scene. It is to prevent this kind of unjust attitude that we show a minimal information about you. If you do not agrre with that policy, do not use our service.

We provide you with the means to control which part of the remaining profile information is viewable to other Users through your public profile. In your privacy settings, you can choose the type of information you want to share with others. We encourage you to set your preferences according to your expectations. But keep in mind that, to be sure all Users benefit from DiasporaEngager, we will show your match information as long as you are a DiasporaEngager User. At any time, you can change your profile information by going to your Account on your dashboard, change what you want to change and click save to update.

 

Finally, please note that by becoming a User, you have given us your express and informed consent to transfer the data we collected from you to anywhere in the world including to the United States and to process it anywhere including in the United States.

Information that is collected by or sent to DiasporaEngager may be stored and processed in the United States or any other country in which DiasporaEngager or its affiliates, subsidiaries, or service providers maintain facilities. In this regard, or for purposes of sharing or disclosing data, DiasporaEngager reserves the right to transfer information outside of your country. By using DiasporaEngager software, Websites, products, and other services, you consent to any such transfer of information outside of your country.

 

6. How do we Collect and Use your Personal and Non-Personal Information?

 

6.1. Provide You with a Better Customer Services

  • The personal information we collect allows us to keep you posted on DiasporaEngager’s latest product announcements, products updates, and upcoming events. It also helps us develop, deliver, and improve our products, services, content, and advertising.

 

  • We may periodically use your personal data to send important notices (e.g. our purchases, changes to our Terms of Uses, conditions, and policies).

 

  • We may use personal information for internal purposes (e.g. auditing, data analysis, and research to improve DiasporaEngager’s products, services, and customer communications).

 

  • We do not sell, rent, or otherwise provide personally identifiable information to third parties without your consent except where it is necessary to carry out your instructions (e.g. to process your payment information). Please note that in order to fulfill your requests for paid services, we may share your payment information with our payment processor.

 

  • The information you provide or that we collect allow us to (a) enable you to share your information and communicate with other Users, or provide your personal details to third parties offering combined services with DiasporaEngager; (b) connect you to opportunities by enabling other professionals to find you on DiasporaEngager; (c) administer your account with us and customize the Service we provide to you and other Users; (d) send you service or promotional communications through email and notices on the DiasporaEngager Website; (e) create and distribute advertising relevant to you or your experience on DiasporaEngager Platform.

 

  • For instance, if you share your interactions on DiasporaEngager, or when you recommend a product, follow a company, establish or update your profile, create or join a Group, etc., DiasporaEngager may use these actions to create social ads for your network or group on DiasporaEngager.

 

6.2. Compliance with Legal Process

It is possible that we may have to disclose personal information, profile information and/or information about your activities on DiasporaEngager when required by subpoena or other legal process, or if DiasporaEngager has a good faith belief that disclosure is necessary to (a) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (b) to enforce our Terms of Use Agreement, to investigate and defend ourselves against any third party claims or allegations, or to protect the security or integrity of our Website; and/or (c) to exercise or protect the rights, property or personal safety of DiasporaEngager, our Users, employees, or others.

 

6.3. Testimonials and Advertisements Placed through DiasporaEngager Ads Service

If you provide any testimonials about the DiasporaEngager services or place advertisements through the DiasporaEngager site, we may post those testimonials and examples of advertisements you place in connection with our promotion of these services to third parties. Testimonials and advertisements may include your name and other personal information that you have provided.

 

6.4. Polls and Surveys

Polls and surveys may be conducted by DiasporaEngager, DiasporaEngager Users or third parties. As a User, you may be invited to participate in polls and surveys from the DiasporaEngager Website. Your selection may be random, or it may be based on your non-personally identifiable information (e.g. job title, geography, or your company). Whether or not you decide to participate in a poll or survey is completely up to you.

We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide personally identifiable information to the third party fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information.

 

We will not disclose any personally identifiable information to any third parties in connection with the conduct of any polls or surveys. Your consent to use any personally identifiable information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it.

 

6.5. Advertising and Web Beacons

To support some of the services we provide to our Users, as well as provide a more relevant and useful experience for them, we may target and serve ads on and off the Website using ad networks (e.g. third party ad servers, ad agencies, ad exchanges, ad technology vendors and research firms).

 

We may target ads to Users based on general profile in addition to the Users’ use of DiasporaEngager or their clicking on DiasporaEngager ad inventory. DiasporaEngager does not provide personal information to any third party ad network.

 

We may use ad technology such as web beacons, pixels, anonymous ad network tags to more effectively serve ads to our Users on and off DiasporaEngager through ad networks, as well as to collect anonymous, aggregated auditing, research and reporting for advertisers. If you opt-out you may lose certain functionality of the DiasporaEngager Service, as well as the potential benefit of receiving ads that are targeted to your interests which, in turn, may limit your ability to fully realize the benefits of the DiasporaEngager Service to build and leverage your professional network.

 

6.6. Cookies

By using DiasporaEngager’s Website and/or software, you are giving your consent to the use of cookies.  Cookies are small files containing a string of characters (text) that are sent to your browser from a website’s server. Cookies reside on your computer, mobile phone, or other device, and allow us to recognize you as a User when you return to the DiasporaEngager Website using the same computer and web browser. Although a cookie may contain a unique identifier, it does not contain personally identifiable information such as your name or email address. There are many types of cookies: e.g. session cookies, persistent cookies and local shared objects (flash cookies). Session cookies are temporary cookies, or unique identifiers associated with your browser for the duration of your visit to DiasporaEngager’s Website or area of the DiasporaEngager software client. Once you close your browser, the session cookie ID will disappear and information about your visit is not retained.

Persistent cookies remain on your browser even after you close it and may be used by your browser on subsequent visits to the website. Local shared objects or ‘flash cookies’ are cookies written with Adobe flash technology. These cookies are saved on your computer in the same way as other cookies but they cannot be managed at browser level in the same way.

 

You can remove or block cookies using the settings in your browser. However, doing so may sometimes impact your ability to use some of our services and products. For any technical questions about how to disable cookies, please check with your internet browser provider or services providers.

 

DiasporaEngager may use cookies when you visit its Website, use DiasporaEngager’s software or visit other websites where DiasporaEngager serves advertisements and other products. When you accept our cookies, we may use them and web log files to track site usage and trends, to improve the quality of our Service, to customize your experience on DiasporaEngager, as well as to deliver DiasporaEngager and third-party advertising to Users both on and off the DiasporaEngager site. In the course of serving advertisements or optimizing our Service to our Users, we may allow authorized third parties to place or recognize a unique cookie on your browser.

 

DiasporaEngager’s Website, services, interactive applications, email messages, and advertisements may use cookies and other technologies. These technologies help us better understand User behavior and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information.

 

DiasporaEngager and its partners may use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests. DiasporaEngager and our partners may also use cookies and other technologies to remember personal information when you use our Website, online services, and applications. By doing so, we want to make your experience with DiasporaEngager more convenient and personal.

 

We may use this information to understand and analyze trends, to administer our Website, to learn about User behavior on the Website, and to gather demographic information about our User base as a whole. DiasporaEngager may use this information in our marketing and advertising services.

In some of our email messages, we may use a “click-through URL” linked to content on the DiasporaEngager Website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our Website. We may track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Pixel tags may be used to enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

 Cookies can also allow us to:

  1. recognize you when you sign in and understand how you arrived at our Website, so we can make sure that we provide you with relevant customer content and information;
  2. remember your chosen preferences;
  3. fight against fraud;
  4. inform DiasporaEngager about the services and products of the DiasporaEngager you are using so that we can provide you with new updates and direct you to the relevant help sections;
  5. enable you to quickly access your account and account services through the DiasporaEngager  platform;
  6. provide internal and customer analytics and gain statistics and metrics about our websites;
  7. monitor the effectiveness and performance of our advertising and marketing campaigns and carry out research in order to help us to improve our products and Website;
  8. initiate security measures such as ‘time-out’ when you have not logged into your account service area for a period of time; and
  9. provide DiasporaEngager ads most relevant to you when you visit other sites that display DiasporaEngager ads.

 

In addition to DiasporaEngager’s cookies, DiasporaEngager’s analytics, ad-serving and affiliate partners may set cookies and access cookies on your computer, when you are visiting DiasporaEngager website. Therefore, please check with their cookies policies.

 

6.7. Disclosure to Third Parties, Service Providers, and Others

DiasporaEngager may make certain personal information available to strategic partners that work with DiasporaEngager to provide products and services, or that help DiasporaEngager market to customers. For example, when you visit our Website, or purchase our products and services, you authorize DiasporaEngager and its carriers to exchange some of the information you provide during the transaction to carry out service with us and our partners. If you are approved for service, your account will be governed by DiasporaEngager and its carrier’s respective privacy policies. Personal information will only be shared by DiasporaEngager to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

 

DiasporaEngager may share personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever DiasporaEngager operates.

 

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for DiasporaEngager to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or Users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

 

Some DiasporaEngager products may be co-branded and offered together with or via a partner company. If you register for or use such products, you consent to both DiasporaEngager and the partner company’s use of personal data collected in connection with the co-branded product. DiasporaEngager may offer its products in connection with other websites or services or may team with other online services to give you the combined results of both products/services or additional services and benefits. To determine whether you would benefit from the combined offer, if you have provided your consent, DiasporaEngager may match your email address, and email addresses of your contacts against email addresses you have provided to the third party website/service provider.

 

The link between your IP address and your personally identifiable information is not shared with third parties without your permission, except in compliance with legal process.

 

6.8. Disclosures to Others as the Result of a Change in Control or Sale of DiasporaEngager Company or Service

As DiasporaEngager continues to develop its business, we might sell or buy subsidiaries or business units. In any such transactions in which DiasporaEngager or substantially all of its assets are acquired by a third party, personal information of DiasporaEngager Users will generally be one of the transferred business assets. We reserve the right to include your personal information in any such transfer to a third party. So we may also disclose your personal information and other information you provide to another third party as part of a sale of the assets of Diaspora Engager, a subsidiary or division, or as the result of a change in control of the company. Any third party to which DiasporaEngager transfers or sells DiasporaEngager’s assets will have the right to continue to use the personal and other information that you provide to us.

 

7. Security and Protection of Personal Information

DiasporaEngager takes precautions to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

DiasporaEngager online services use Secure Sockets Layer (SSL) encryption on certain web pages where personal information is collected. To use some of our Service, you may be asked to use an SSL-enabled browser such as Safari, Firefox, or Chrome. The web browser you use may affect the effectiveness of the encryption. Internet Explorer may not support/work for certain SSL encryption/protection, so we recommend you to choose your web browser wisely.

Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet. We recommend that you do NOT share your log in information with others.

The personal information you share when you use some DiasporaEngager products, services, or applications or when you post on a DiasporaEngager forum, chat room, or social networking service, is visible to other Users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. To help us protect your data, please take care when using these features and while sharing information with others.

 

At all times, you are responsible for maintaining the confidentiality of your unique password and account information and for controlling access to your email communications. You are also fully responsible for all activities that occur under your username and password. You agree to immediately notify DiasporaEngager of any unauthorized use of your username or password or any other breach of security, and to ensure that you exit from your account at the end of each session. DiasporaEngager will not be liable for any loss or damage arising from your failure to comply with this provision. You should be cautious when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature (e.g. if you have linked your Window's Live ID to your DiasporaEngager account).

 

Since the internet is an unsecure environment, we cannot ensure or warrant the security of any information you transmit to DiasporaEngager. There is NO guarantee that information may not be accessed, copied, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

 

Finally, to ensure your personal data is secure, we communicate our Privacy Policy to DiasporaEngager employees and strictly enforce privacy safeguards within our company.

 

8. Retention of Personal Information

DiasporaEngager may retain your information for so long as your account is active or as needed to provide you services. We will retain and use your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law, to comply with our legal obligations, resolve disputes, and enforce this Privacy Policy.

 

9. Access, Correction and, Elimination of Personal Information

You have a right to access, modify, correct and eliminate the data you supplied to us. To so, please log into your dashboard and visit your Account page. You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at www.DiasporaEngager.com. For other personal information, you can request that we correct the data if it is inaccurate or delete the data if DiasporaEngager is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Please be aware that even after your request for a change is processed, DiasporaEngager may, for a time, retain residual information about you in its backup and/or archival copies of its database.

 

If you update any of your information, we may keep a copy of the information that you originally provided to us in our archives for uses documented in this policy. You can delete your account anytime or you may request deletion of your information at any time by contacting us to delete it for you. We will respond to your request within 30 days. Please note, however that information you have shared with others, or that other Users have copied, may also remain visible even if you request its deletion. So, be careful while sharing your information with others.

 

DiasporaEngager may, at its sole discretion, remove or prevent access to, in whole or in part, any material submitted by you, for any reason or no reason, including any material it deems in violation of its standards.

 

10. Closing and Memorializing Account

You can close your account anytime. . To do so, please send us an email at contact@DiasporaEngager.com. If that happens, we will remove your name and other personally identifiable information from our publicly viewable database. If you close your account, we have no obligation to retain your information, and we may delete any or all of your account information without liability. However, we may retain certain data contributed by you if DiasporaEngager believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. DiasporaEngager may also retain and use your information if necessary to provide the Service to other Users. Information you have shared with others, or that other Users have copied, may also remain visible. DiasporaEngager disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. DiasporaEngager does not control when search engines update their cache, which may contain certain public profile information that has since been removed from DiasporaEngager’s publicly viewable database.

 

If we learn that a User is deceased, we may memorialize the User’s account. In these cases, we may restrict profile access, remove messaging functionality, and close the account if we receive a formal request from the User’s next of kin or other proper legal request to do so.

 

11. Children

We do not knowingly collect personal information from children under 13. We encourage parents to monitor and to be involved in the online activities of their children to ensure that no child under 13 registers on DiasporaEngager and also that no information is collected from a child without parental permission. If you are under 13, please do not register yourself or post on our Website any personal information. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, as soon as we verify the information, we will delete that information as soon as possible. If you believe that we might have any information from or about a child under 13, please contact us.

 

12. Location-Based Service

To provide location-based services on DiasporaEngager products, DiasporaEngager and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your DiasporaEngager computer or device. This location data is collected anonymously in a form that does not personally identify you and may be used by DiasporaEngager and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services.

 

Information collected by third parties, which may include location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

 

13. Your Interactions and Obligations towards other Users

 

  • You agree not to abuse the DiasporaEngager Website, products, and Service by using it to spam, harass, or otherwise violate our policies (e.g. Privacy Policy and User Agreement).

 

  • If you become a User (someone who has registered and has an account with us), you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

 

  • You agree not to make any illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website. DiasporaEngager can investigate such action and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

 

  • You are responsible for your interaction with others.  You understand that DiasporaEngager does not conduct a criminal background check on its Users. We do not inquire into the backgrounds of all of our Users or attempt to verify their statement. DiasporaEngager makes no representation or warranties as to the conduct of Users or their compatibility with any current or future Users. DiasporaEngager reserves the right to conduct any criminal background check or screening at any time on any of its Users by using the available public records.

 

  • In no event, shall DiasporaEngager be liable for any damages whatever, whether direct or indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of our Service, including without limitation, bodily injury, emotional distress, and/or any other damage resulting from communication or meetings with other registered Users of this Service or person you meet thought this Service. You agree to take reasonable precautions in all interactions with other Users of the Service, particularly if you meet offline or in person.

 

  • You understand that DiasporaEngager makes no guaranties either express or implied regarding your ultimate compatibility or match with individuals or organization you meet through our Service. Any match recommendation you receive from DiasporaEngager is just a suggestion and does NOT imply any endorsement of the corresponding User by us.

 

  • You should not provide to anyone your personal information (e.g. street address, phone number, email, financial information, social security number).

 

  • DiasporaEngager reserves the right, but has no obligation, to monitor disputes between you and other Users.

 

  • When you become a User, you agree and consent to receive email messages from us. These emails may be related to our Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.

 

  • DiasporaEngager does not: (i) guarantee the accuracy, completeness, or usefulness of any information posted by other Users on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will DiasporaEngager or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.

 

  • You will not place a social plugin on any page containing content that would violate our Privacy Policy and Terms of Use Agreement if posted on DiasporaEngager.

 

  • You are solely responsible for the content that you publish or display on the Service, or transmit to other Users. You will not post on our site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (e.g. copyright, patent, trademark), or otherwise violates or contrary any local, national, and international laws and regulations.

 

 

  • If the information you provided to DiasporaEngager, or to another User, subsequently becomes inaccurate, misleading or false, you agree to promptly notify DiasporaEngager of such change.

 

  • While interacting with DiasporaEngager, if you collect information from our Users, you will obtain their consent, make it clear you (and not DiasporaEngager) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

 

  • You will not post anyone's identification documents or sensitive financial information on DiasporaEngager. You agree to provide accurate information to us and update it as necessary. You agree not to use or attempt to use another's account without authorization, or create a false identity on DiasporaEngager.

 

  • You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Service; and/or participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.

 

  • You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

 

  • You agree not to duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on DiasporaEngager (excluding content posted by you) except as permitted in this Agreement, DiasporaEngager’s developers terms and policies, or as expressly authorized by DiasporaEngager.

 

  • You shall not adapt, modify, or create derivative works based on DiasporaEngager or technology underlying the Service, or other Users’ content, in whole or part, except as permitted under DiasporaEngager’s developer program.

 

  • You shall not sell, sponsor, or otherwise monetize any other service or functionality of DiasporaEngager, without the express written permission of DiasporaEngager.

 

  • You shall not collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from DiasporaEngager except as expressly permitted in the Privacy Policy or the Terms of Use Agreement or as the owner of such information may expressly permit.

 

  • You shall not use bots or other automated methods to access DiasporaEngager, add or download contacts, send or redirect messages, or perform other activities through DiasporaEngager, unless explicitly permitted by DiasporaEngager.

 

  • You shall not access, via automated or manual means or processes, DiasporaEngager for purposes of monitoring DiasporaEngager’s availability, performance or functionality for any competitive purpose. You shall not attempt to or actually access DiasporaEngager by any means other than through the interfaces provided by us such as our mobile application or by navigating to http://www.DiasporaEngager.com using a web browser. This prohibition includes accessing or attempting to access DiasporaEngager using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including DiasporaEngager.

 

  • You shall not attempt to or actually override any security component included in or underlying DiasporaEngager. You shall not engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on DiasporaEngager’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or DiasporaEngager personnel, attempting to gain unauthorized access to DiasporaEngager, or transmitting or activating computer viruses through or on DiasporaEngager.

 

  • You shall not interfere with or disrupt or game DiasporaEngager or the Service, including, but not limited to, any servers or networks connected to DiasporaEngager, in particular DiasporaEngager's search algorithms.

 

  • DiasporaEngager reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.

 

  • You will not impersonate any person or entity. You will not “stalk” or otherwise harass any person. You will not express or imply that any statements you make are endorsed by DiasporaEngager without our specific prior written consent. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of DiasporaEngager’s Service or contents.

 

  • You will not remove any copyright, trademark or other proprietary rights notices contained in our Website, Service and products. You will not interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website. You will not post, email or otherwise transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

 

  • You will not “frame” or “mirror” any part of the Service or the Website, without DiasporaEngager's prior written authorization. You also shall not use meta tags or codes or other devices containing any reference to DiasporaEngager or the Service or the site in order to direct any person to any other website for any purpose. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.

 

  • You agree not to alter or modify any part of the Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the DiasporaEngager Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. You agree that you will not, without permission, systematically retrieve data or other content from the Website by any means, and you will not compile a database or directory of information extracted from the Website.

 

  • You agree not to use the Website for any use or purpose not permitted within the Privacy Policy or the Terms of Use Agreement without the prior written authorization of DiasporaEngager. Prohibited uses include, without limitation, any of the following actions taken without the express approval of DiasporaEngager: sale of access to the Website; use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; sale of advertising on the DiasporaEngager Web site; sale of advertising on any third-party Website targeted to the content of specific User submissions (any material, information, or other communication you submit, transmit or post to the Website)  or DiasporaEngager content; and any use of the Website or its related services that DiasporaEngager finds, in its sole discretion, to use DiasporaEngager's resources or User submissions with the effect of competing with or displacing the market for DiasporaEngager, DiasporaEngager content, or its User submissions.

 

  • You agree not to use or launch any automated system, including without limitation "robots," "spiders," or "offline readers" that accesses the Website in a manner that sends more request messages to the DiasporaEngager servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, (e.g. account names, e-mail addresses, usernames, passwords), from the Website, or to use the communication systems provided by the Website for any commercial solicitation purposes without written permission from DiasporaEngager.

 

  • You understand that DiasporaEngager does not endorse any User submission/post or any opinion, recommendation, or advice expressed therein, and DiasporaEngager expressly disclaims any and all liability in connection with User submissions.

 

  • You will not provide any false personal information on DiasporaEngager, or create an account for an organization or someone else without permission. You will create only one personal account. If we disable your account, you will not create another one without our permission. At all times, you agree to keep your contact information accurate and up-to-date.

 

  • You will not share your password (or in the case of developers, your secret key), or let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission. If you are a developer or an operator of applications and websites, please check with our Terms of Use for additional specific obligations.

 

  • You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.

 

  • You consent that if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on DiasporaEngager (e.g. advertising or payments) or operate a platform application or website.

 

  • You agree that you may use the Service only if you are not a person barred from receiving Service under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

 

  • By importing any of your DiasporaEngager data through DiasporaEngager applications, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your DiasporaEngager account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing DiasporaEngager through your mobile access provider.

 

  • You shall not sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

 

14. Analytics

DiasporaEngager uses analytics programs, including to gather anonymous statistical and analytical information about how Users use DiasporaEngager Services, Websites and products. The analytics services collect and aggregate data on:

  • Pages viewed and clicks on our Website;
  • Search engines and keywords used to find our Website;
  • Links accessed from our Website;
  • Number of visits (e.g. new visitors, returning visitors);
  • Number of page viewed;
  • Average time spent on our Website;
  • Bounce rate;
  • Direct traffic;
  • Referring Website;
  • Top landing pages through which visitors are entering our Website;
  • Top exit pages;
  • Keywords which are mostly used, etc.

 

15. Linked Websites and Third Party Applications

DiasporaEngager Website may contain links that will allow you to leave DiasporaEngager's Website and access another website. Linked websites are not under the control of DiasporaEngager and these websites have different privacy policies. The DiasporaEngager Privacy Policy applies solely to personal information that is acquired on the Website or through your use of the DiasporaEngager software, Services and products, and/or your relationship with DiasporaEngager. DiasporaEngager urges you to be careful when you enter any personal information online. DiasporaEngager accepts no responsibility or liability for these other websites. DiasporaEngager is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DiasporaEngager shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.

 

If you use any extras, plug-ins or third party applications together with the DiasporaEngager platform, Service, and products or use any third party applications or products that incorporate or embed the DiasporaEngager platform, or Website, Service, products or applications, the provider of such applications may obtain access to certain personal information about you. DiasporaEngager does not and cannot control how the provider of applications may use any personal information connected with such applications. Please ensure that you review any privacy policies or other terms applicable to the use of such application before installation.

Please visit our Terms of Use Agreement for more details about our applications policies.

 

16. Emails, E-Newsletters, and Social Medias

When you become a User, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to our Service, such as administrative notices, service announcements or changes, commercial offers, promotions or special offers from us. We send our e-newsletter free of charge to our visitors or customers that subscribe to it. Our goal is to keep our Users and visitors updated on the latest opportunities, news, programs and information related to our mission. You can opt out of our newsletters mailing list anytime by clicking on the “unsubscribe” link at the bottom of the previous newsletter you received. You can also encourage your friends to subscribe to our newsletter by directing them to our Website and sharing with them our link.

 

Subscription to the newsletter is optional and different from the subscription to DiasporaEngager platform. If you have not subscribe to the e-newsletter yet or have not been receiving it yet, please do so by visiting our Website. Please visit our Social Medias page located at the footer of any page. Connect with us and also feel free to share information about DiasporaEngager with others in your mailing list.

 

If you use DiasporaEngager’s social Medias, you agree to abide by our Privacy Policy and Terms of Use Agreement. In addition, we reserve the right to remove any information you posted on a “Group” (network of Users that communicate together about topics that interest them) that we think does not respect our principles. DiasporaEngager can also grant that right to Group administrators.

 

17. Paid Membership and Subscription

 

17.1. Free Trials and Other Promotions

Registration on DiasporaEngager is free. We eager to helping all our Users to access and get the get the most of our services. DiasporaEngager may choose to make available free of charge any of our services and products. However, DiasporaEngager also reserves the right to change with or without notice, at its sole discretion, the pricing of any services, and end any free trial anytime as needed. Any free trial or other promotion that provides access to the Service must be used within the specified time of the trial. With the free account, you can create an account, search for other Users, sent and receive messages, post needs/offers, and view needs/offers posted by others, etc. However, to help us cover our expenses and improve the Service, we created a few features that are paid. 

 

17.2. Paid Membership

To help us with our expenses and to improve our services and products, some advanced features are paid (“Paid Member Subscription”). Some of the advanced features include but are not limited to:

  • Instant messaging with any User
  • Advanced Searches
  • Mutual Match
  • Who Viewed me
  • Who Just Joined
  • Post and View Need Notification, etc.

 

After the end of the trial period, only Users that have the Paid Member subscription will have a full access to all our resources. If your financial conditions do not allow you to pay the membership fee, please contact us to see if you qualify for a waiver. We are eager to helping our Users enjoy our services. Our main goal is not to gain money but to help you.

You may terminate your membership and/or subscription at any time.  If you resign or cancel your membership and/or subscription, to help DiasporaEngager analyze and improve our services, you may be asked to provide a reason for your resignation/cancellation. If you terminate your paid subscription, your subscription may remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination).

 

If your paid membership/subscription is terminated, we will notify you through the email address you provided during your application for membership, or such other email address as you may later provide to DiasporaEngager. All decisions regarding the termination of accounts shall be made in the sole discretion of DiasporaEngager. DiasporaEngager reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. DiasporaEngager is not required to provide you notice prior to terminating your membership and/or subscription. DiasporaEngager is not required, and may be prohibited, from disclosing a reason for the termination of your account. You agree that DiasporaEngager shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

If you are on a free trial, you must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact us to have the charges reversed.

 

17.3. Billing and Payment

If you chose to use the paid Member service, DiasporaEngager bills you through your online billing account for use of our paid service. You agree to pay DiasporaEngager all charges at the prices you agreed to for any use of the service by you or other persons (including your agents) using your account, and you authorize DiasporaEngager to charge your chosen payment provider for the Service. You agree to make payments using that selected payment method. DiasporaEngager may correct any billing errors or mistakes that it makes even if it has already requested or received payment.

If you purchase any of our premium paid services and products, you agree that DiasporaEngager will store your payment card information. You also agree to pay the applicable fees as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. If you use the paid membership subscription, your obligation to pay fees continues through the end of the subscription period during which you cancelled your subscription.

 

17.4. Automatic Renewal for Paid Membership Subscription

If you subscribe to our premium membership services in order to use our advanced features, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize DiasporaEngager to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize DiasporaEngager to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if DiasporaEngager does not receive payment from your Payment Method provider, (i) you agree to pay all amounts due on your billing account upon demand, and/or (ii) you agree that DiasporaEngager may either terminate or suspend your paid subscription and continue to attempt to charge your payment method provider until payment is received. Upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.

By using DiasporaEngager Service, you also agree to our Refund Policy.

 

18. Copyright

You may not post, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on DiasporaEngager Website in a way that constitutes copyright infringement, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address;
  • 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; and
  • 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.

 

If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

 

19. Disclaimers and Limitation of Liability

DiasporaEngager is not responsible for the conduct, whether online or offline, of any User of the Website. DiasporaEngager assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of User communications. DiasporaEngager 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 email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with DiasporaEngager’s Website, Service, product and applications. Under no circumstances will DiasporaEngager or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from any User of the Website or the Service, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The Website and the Service are provided on an “AS IS” and “AS AVAILABLE” BASIS. DiasporaEngager expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DiasporaEngager cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

DiasporaEngager makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or if a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

 

Except in jurisdictions where such provisions are restricted, in no event will DiasporaEngager be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if DiasporaEngager has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, DiasporaEngager's 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 DiasporaEngager for the Service during the last 2 months of the term of membership.

 

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include Google services, or other sites linked from our Service. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Service, and who may use cookies, pixel tags or other technologies to serve and offer relevant ads.

 

Additionally, we cannot control the actions of other Users with whom you may choose to share information, nor can we guarantee that our security system will not ever be breached. We cannot and do not guarantee that User content (anything you post or share on the Website, and anything you do on the Website) will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of User content may remain viewable in cached and archived pages or if other Users have copied or stored your User content.

You agree that your use of the DiasporaEngager Website shall be at your sole risk. To the fullest extent permitted by law, DiasporaEngager, its officers, directors, employees and agents disclaim all warranties, expressed or implied, in connection with our Website, Service and products and your use thereof. DiasporaEngager makes no warranties or representations about the accuracy or completeness of this Website's content or the content of any sites linked to this Website; and in no event shall DiasporaEngager, its officers, directors, employees or agents be liable or assumes no liability or responsibility to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any of the circumstances below:

  • Errors, mistakes or inaccuracies of content.
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website.
  • Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
  • Any interruption or cessation of transmission to or from our Website.
  • Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website by any third party.
  • Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the DiasporaEngager Website whether based on warranty, contract, tort or any other legal theory, and whether or not DiasporaEngager is advised of the possibility of such damages.

 

DiasporaEngager does not warrant, endorse, guarantee, or assume any responsibility for any product or service advertised or offered by a third-party through the DiasporaEngager Website or any hyperlinked Website or featured in any banner or other advertising, and DiasporaEngager will not be a party to or in any way be responsible for monitoring any transaction between you and the third-party providers of products or services.

 

The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specially acknowledge that DiasporaEngager shall not be liable for User submissions, or posts, interactions, communications with you or the defamatory offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

 

DiasporaEngager Website and products are controlled and offered by DiasporaEngager from its facilities in the United States of America. DiasporaEngager makes no representations that the DiasporaEngager Website is appropriate or available for use in other locations. Those who access or use the DiasporaEngager Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

No advice or information, whether oral or written, obtained from DiasporaEngager or through our Service, will create any warranty not expressly made herein.

 

20. DiasporaEngager Rights

All right, title, and interest in and to the Service (excluding content provided by Users) are and will remain the exclusive property of DiasporaEngager and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Privacy Policy and the Terms of Use Agreement gives you a right to use the DiasporaEngager name or any of the DiasporaEngager trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding DiasporaEngager, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

Additionally, you grant DiasporaEngager a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to DiasporaEngager, including, but not limited to, any User generated content, ideas, concepts, techniques or data to the Service, you submit to DiasporaEngager, without any further consent, notice and/or compensation to you or to any third parties.

 

In order to protect the integrity of the Service, DiasporaEngager reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.

DiasporaEngager reserves the right, but has no obligation, to monitor disputes between you and other Users.

 

DiasporaEngager reserves all rights not expressly granted in and to the DiasporaEngager content and the DiasporaEngager Service.

 

21. Arbitration and Governing Law

 

21.1. Arbitration Agreement

The exclusive means of resolving any dispute or claim arising out of or relating to the Private Policy or the Terms of Use Agreement (including any alleged breach thereof), the Service, or the Website shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against DiasporaEngager in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against DiasporaEngager any class action, class arbitration, or other representative action or proceeding.

 

If you choose arbitration, it shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

 

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Georgia regardless of your country of origin or where you access DiasporaEngager, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.

 

You and DiasporaEngager agree that all claims arising out of or related to this Agreement must be resolved exclusively in Richmond County, GA, except as otherwise agreed by the parties. Notwithstanding the above, you agree that DiasporaEngager shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

21.2. Your Rights

If you comply with our Privacy Policies and Terms of Use Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the DiasporaEngager Service, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of DiasporaEngager or its Users), view information and use the Service that we provide on DiasporaEngager webpages and in accordance with this Agreement.

By using the Website or the Service in any manner, you agree to the arbitration provision in our Privacy Policy and Terms of Use Agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and DiasporaEngager (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

21.3. Severability

This Privacy Policy and the Terms of Use Agreement contains the entire agreement between you and DiasporaEngager regarding the use of our Website and/or our Service. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

 

21.4. Indemnity

You agree to defend, indemnify and hold DiasporaEngager, its subsidiaries, affiliates, shareholders, members, officers, directors, agents, and other partners and employees, harmless from and against any loss, liability, damages, obligations, costs or debt, claim, demand and expenses (including but not limited to attorney's fees made by any third party) due to or arising out of:

  • your use of and access to the DiasporaEngager website and DiasporaEngager’s Services in violation of this Privacy Policy Agreement.
  • a breach of our Privacy Policy and Terms of Use Agreement and/or any breach of your representations and warranties set forth above.
  • your violation of any term of our Terms of Use Agreement or Privacy Policy;
  • your violation of any third-party right, including without limitation any copyright, property, or privacy right;
  • any claim that any of your actions (e.g. communications, User’s submissions or post) caused damage to a third party.

 

This defense and indemnification obligation will survive these Terms of Use Agreement and your use of the DiasporaEngager Website.

 

21.5. Assignment

The Privacy Policy and any rights and licenses granted thereunder, may not be transferred or assigned by you, but may be assigned by DiasporaEngager without restriction.

 

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22. To contact us

If you have any questions or concerns about DiasporaEngager’s Privacy Policy or Terms of Use Agreement, please send them to us through:

 

By Email:

Please visit “Contact Us” or, 

 

By Mail:

DiasporaEngager

1434 Stovall St, #12551

Augusta, GA

30914

USA

 

 

I HAVE READ THIS Privacy Policy AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

Last updated: March 24, 2015.

 


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Credit: Dr. Roland Holou / DiasporaEngager



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