1. Definitions and Acceptance of the Terms of Use Agreement

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”).

In this agreement, by "DiasporaEngager" we also mean the features and services available, including through: (a) our Website at http://www.DiasporaEngager.com/ and any other DiasporaEngager branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our platform; (c) social plugins, (d) the diaspora map, (e) the directory, and (f) other media, software, devices, or networks now existing or later developed.

 

Your Terms of Use is important to DiasporaEngager, so we have developed this Terms of Use Agreement to assist you to understand how DiasporaEngager would like you to use our Websites, Service, and products. Please take a moment to familiarize yourself with our Terms of Use Agreement (User Agreement, Terms of Use), and let us know if you have any questions. By using the DiasporaEngager Website (“Website”), Service, products and applications, you agree to be bound by this Terms of Use Agreement, whether or not you registered as a User/Member of DiasporaEngager. By “User” we mean anyone who registered or subscribed to use DiasporaEngager services.

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.

If you do not agree to all of the terms of this Agreement, your sole and exclusive remedy is to discontinue using the website immediately. If you are using DiasporaEngager on behalf of a company or another legal entity, you are nevertheless individually bound by this Terms of Use Agreement even if your company has a separate agreement with us.

This Terms of Use Agreement 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 of the DiasporaEngager’s Website, Service and products.

 

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by DiasporaEngager anytime a need arises, such modifications to be effective immediately upon posting by DiasporaEngager on the Website. By accessing the Website or becoming a User and using the Service, you accept this Agreement and agree to all of the terms, conditions, and notices contained or referenced herein. By accessing the Website or becoming a User and using the Service, you consent to have this Agreement provided to you in electronic form.

 

In our context, Diaspora means anyone who, for any reasons, is living in a country or town that is not his or her place of origin/ancestry or a place where s/he grew up or may have lived for a long time. Some people may call that person 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. Without entering into any political and demographic debates, the word “Diaspora” as used in the context of DiasporaEngager can be applied to any human being.

 

DiasporaEngager may contain links to other websites. We cannot be and are not responsible for the Terms of Use Agreement of other websites. We encourage our Users to be aware when they leave our Website to read the Terms of Use Agreement of each and every website that you visit.

 

Your privacy is also very important to us. Please visit our Privacy Policy section to learn about how DiasporaEngager collects and uses your information. Please visit and familiarize yourself with our Privacy Policy as it is part of our legal agreement/contract with you. You understand that if you use our Service, you also consent to our Privacy Policy and Refund Policy.

 

We thank you for visiting our Website. If you did not register an account with DiasporaEngager yet, you can Click Here to Register Today. It is Free!

 

2. Changes to this Privacy Policy

DiasporaEngager reserves the right to change, modify, add, or remove portions of this Terms of Use Agreement at any time with or without advance notice. 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, Service, 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. Service Eligibility

To register as a User and use DiasporaEngager Service, you must be at least thirteen (13) years old. The use of the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement as well as to abide by all of the terms and conditions of this Agreement. You also 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 consent that you are not currently restricted from the Service, or not otherwise prohibited from having a DiasporaEngager account. You agree that you are not a competitor of DiasporaEngager or are not using the Service for reasons that compete with DiasporaEngager. You will maintain only one DiasporaEngager account at any given time.

 

4.Term of this Agreement and Communications

This Agreement will remain in full force and effect while you use the Website and/or are a User. You may terminate your membership and/or subscription at any time. If you have a difficulty doing so, please contact us via the “Contact Us” page.

 

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 the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.

 

5. Proprietary Rights and Quality of Content on DiasporaEngager

DiasporaEngager owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of DiasporaEngager, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

You are solely responsible for the content/post that you publish or display on the Service, or transmit to other Users. You will not post on the Service, 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 (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You agree to not provide inaccurate, misleading or false information to us or to any other User. If information provided to DiasporaEngager, or another User, subsequently becomes inaccurate, misleading or false, you agree to promptly notify DiasporaEngager of such change.

 

You understand and agree that DiasporaEngager may review and delete any content, messages, double-blind emails, photos or profiles, in each case in whole or in part, that in the sole judgment of DiasporaEngager violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.

 

By posting a content to any public area of DiasporaEngager, you automatically grant, and you represent and warrant that you have the right to grant, to DiasporaEngager, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by DiasporaEngager will not infringe or violate the rights of any third party or violate any laws.

 

6. Prohibited Activities

DiasporaEngager reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators if we believe you have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful, or illegal. The following is a partial list of the kind of content that is illegal or prohibited on the Website:

  • patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people under the age of 13, or solicits personal information from anyone under the age of 13, or provide material that exploits people in  a sexual or violent manner;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing/creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; and
  • engages in commercial activities and/or sales (e.g. contests, sweepstakes, barter, advertising, and pyramid schemes) without our prior written consent.

 

Your use of the Service, including but not limited to the content you post on the Service, must be in accordance with any and all applicable laws and regulations.

 

You may not engage in advertising to, or solicitation of, other Users. You may not transmit any chain letters or junk email to other Users. Although DiasporaEngager cannot monitor the conduct of its Users off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion. All information you include in your User profile must be accurate, current and complete.

 

  • 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 the Service or its contents.
  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
  • You will not upload viruses or other malicious codes.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any User.
  • You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not interfere with or disrupt the Service or the site 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 code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, or hardware or telecommunications equipment.
  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
  • 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 code 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 will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  • You will not use DiasporaEngager to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working or appearance of DiasporaEngager, such as a denial of service attack or interference with page rendering or other DiasporaEngager functionality.

 

7. Customer Service

When communicating with our customer care representatives, you should not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls and communications between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

 

8. Provisions Applicable to Advertisers

Our goal is to deliver ads and commercial content that are valuable to our Users and advertisers. In order to do that, you agree to the following:

  • You give us permission to use your data as detailed in our Privacy Policy.
  • If you are an advertiser, you can target a specific audience by buying ads on DiasporaEngager or our publisher network.

 

  • When you place an order, you will tell us the type of advertising you want to buy and the amount you want to spend. If we accept your order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target. You will pay for your orders in accordance with our payment terms (see our Privacy Policy and Refund Policy for more details). Please visit our Advertising page to learn more about our advertising options. The amount you owe will be calculated based on the location of your ad, the length of time you ad is showed on our site.

 

  • Your ads will comply with our Advertising Guidelines (see “Advertising” page). We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get. We cannot control how clicks are generated on your ads. We are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the performance of your ads.

 

  • You can cancel your order at any time by contacting us, but it may take up to seven days before the ad stops running. You are responsible for paying for all your ads fees. Our license to run your ad will end when we have completed your order. You understand, however, that if Users have interacted with your ad, your ad may remain until the Users delete it. We can use your ads and related content and information for marketing or promotional purposes.

 

  • You will not issue any press release or make public statements about your relationship with DiasporaEngager without our prior written permission. We may reject or remove any ad for any reason. If you are placing ads on someone else's behalf, you must have permission to place those ads, including the following: (1) you warrant that you have the legal authority to bind the advertiser to this Agreement; and (2) you agree that if the advertiser you represent violates this Agreement, we may hold you responsible for that violation.

 

9. Agreement Enforcement

This agreement and our policies referenced here and available on our Website make up the entire agreement between the parties regarding your use of DiasporaEngager, the Website or the Service and supersede any prior agreements in this regard.

  • If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
  • If we fail to enforce any of this Agreement, it will not be considered a waiver.
  • Any amendment to or waiver of this Agreement must be made in writing and signed by us.
  • You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
  • All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • Nothing in this Agreement shall prevent us from complying with the law.
  • This Agreement does not confer any third party beneficiary rights.
  • We reserve all rights not expressly granted to you.
  • You will comply with all applicable laws when using or accessing DiasporaEngager.

 

10. Your Rights

You retain your rights to any content you submit, post or display on or through the Service. By submitting, posting or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for DiasporaEngager to provide, promote, and improve the Service and to make content submitted to or through the Service available to other companies, organizations or individuals who partner with DiasporaEngager for the syndication, broadcast, distribution or publication of such content on other media and service, subject to our terms and conditions for such content use. Such additional uses by DiasporaEngager, or other companies, organizations or individuals who partner with DiasporaEngager, may be made with no compensation paid to you with respect to the content that you submit, post, transmit, or otherwise make available through the Service.

 

We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services, or media.

 

11. Paid Membership and Subscription

 

11.1. Free Trials and Other Promotions

Registration on DiasporaEngager is free. As we build our services and products, DiasporaEngager may choose to make available free of charge any of our services and products. However, DiasporaEngager 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.

 

11.2. 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
  • Post and View Need
  • Who viewed me
  • Who just joined
  • Message and Post Need/Offer notifications

Only the Users who use the Paid Member subscription will have a full access to all our resources. If your financial conditions don’t 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.

You may terminate your paid 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 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. DiasporaEngager reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. 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.

 

11.3. 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 billing 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.

 

11.4. 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 again 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 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.

 

Finally, we would like to remind you that if you pay anything to DiasporaEngager, you agree to our Terms of Use Agreement, Privacy Policies, Refund Policy, and any other conduct guidelines we put on the site. Please visit our Refund Policy page to familiarize yourself with additional details regarding that policy. Please visit also our Privacy Policy for more details about our payment options and procedures.

 

12. Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, 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
  • 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.

 

13. 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 Terms of Use Agreement does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results (e.g. Google services), or other sites linked from our Service. Our Terms of Use Agreement 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 you post 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; and
  • 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 if 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.

 

14. 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. 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 in connection 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 Privacy Policy for more details about our applications policies.

 

 

15. Special Provisions Applicable to Developers/Operators of Applications and Websites

This section applies to developers or operators of a platform application or website.

You are responsible for your application and its content and all uses that can be made of it. You must ensure that your application or use of our Service meets all the policies and agreement (e.g. Privacy Policy, Terms of Use Agreement, and Refund Policy) of DiasporaEngager.

 

Your access to and use of data you receive from DiasporaEngager will be limited as follows:

  • You will only request data you need to operate your application. You will have a privacy policy that tells Users what User data you are going to use and how you will use, display, share, or transfer that data and you will include your privacy policy URL in the developer applications.

 

  • You will display, share, or transfer a User’s data in a manner consistent with your privacy policy. You will delete all data you receive from us concerning a User if the User asks us or you to do so, and you will provide a mechanism for Users to make such a request. You will always make it easy for Users to remove or disconnect from your application.

 

  • You will not include data you receive from us concerning a User in any advertising. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a User consents to that transfer or use.

 

  • You will not sell User data. If you are acquired by or merge with a third party, you can continue to use User data within your application, but you cannot transfer User data outside of your application. We can require you to delete User data if you use it in a way that we determine is inconsistent with Users’ expectations. We can limit your access to data.

 

  • You will comply with all other restrictions contained in our DiasporaEngager Privacy Policy and Terms of Use Agreement. You will not give us information that you independently collect from a User or a User's content without that User's consent. You will make it easy for Users to contact you. We can also share your email address with Users and others claiming that you have infringed or otherwise violated their rights. You will provide customer support for your application.

 

  • You will not show third party ads or web search boxes on www.DiasporaEngager.com. We give you the rights necessary to use the code, data, and tools you receive from us. You will not sell, transfer, or sublicense our code, data, or tools to anyone. You will not misrepresent your relationship with DiasporaEngager to others.

 

  • We can issue a press release describing our relationship with you. You will comply with all applicable laws. In particular you will (if applicable): (a) have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act; (b) Comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from Users so that User data subject to the VPPA may be shared on DiasporaEngager. You represent that any disclosure to us will not be incidental to the ordinary course of your business.

 

  • You give us all rights necessary to enable your application to work with DiasporaEngager, including the right to incorporate content and information you provide to us into places we think applicable. You give us the right to link to or frame your application, and place content, including ads, around your application.

 

  • We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search). To ensure your application is safe for Users, we can audit it. We can create applications that offer similar features and services to, or otherwise compete with, your application.

 

16.Arbitration and Governing Law

 

16.1. 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.

 

16.2. 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.

 

16.3. 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.

 

16.4. 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.

 

16.5. 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.

 

17. 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.

 

In case you still did no have an account with us yet, you can register today. It is Free! Click Here to Register Today. It is Free!

 

18. To contact us

If you have any questions or concerns about DiasporaEngager’s Privacy Policy or Terms of Use Agreement, or any other Policy (e.g. Refund Policy), please send them to:

 

By Email:

Please click here “Contact Us”, or

 

By Mail:

DiasporaEngager

1434 Stovall St, #12551

Augusta, GA

30914

USA

 

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

 

Last updated: March 24, 2015.

 


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