ACCEPTANCE OF TERMS
In these Terms the following words and expressions shall have the following meanings:
“Information” means the information (including, without limitation, text, graphics, data) accessible via the Site and each and every piece of information provided through the Services;
“Services” means one or more of the information services provided on or via the Site;
“Service Providers” those third parties who support Dianomi in the provision of Services (including, but not limited to the third party advertisers offering Information to users on the Site(s));
“Site(s)” means Dianomi’s internet website located at www.dianomi.com operated and maintained by us or our third party vendors or contractors, any Dianomi hosted websites and/or such other websites as we may notify you from time to time including, but not limited to, white labeled or co-branded pages (i.e, pages displaying both Dianomi’s brand and that of a third party) or any Dianomi page on our publisher network.
‘Dianomi, our, we or us ‘ means Dianomi Limited – which is an independent intermediary, its subsidiary companies and associated companies, agents and employees and any person to which the rights and/or obligations of Dianomi are transferred or assigned.
‘you, your or yourself’ means you, the person specified as the user of the Site.
DIANOMI’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service, any software used in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. In addition, the text, images, graphics, typefaces, icons, the look and feel, design used in the Service may be protected by applicable copyright laws, together with the compilation, arrangement and assembly of such elements with the code, data and other materials on the Site. You further acknowledge and agree that content contained in Service Provider advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Dianomi grants you a personal, non-transferable and non-exclusive right and license to access and use the Service on your computer or other device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Dianomi for use in accessing the Service.
Except as expressly authorized by Dianomi, you agree not to modify, rent, lease, loan, sell, duplicate, reproduce, modify, adapt, distribute or create derivative works based on the Service, the web content or the Software, in whole or in part. In addition, and without limiting the foregoing, while using the Service, you shall not: (i) engage in spidering, screen scraping, database scraping, harvesting of email addresses, wireless addresses, or other contact or personal information or any other automatic means of obtaining lists of users or other information from or through the Site or the Service; (ii) obtain or attempt to obtain unauthorized access to computer systems (whether belonging to Dianomi, its affiliates, contractors or a third party), materials or information through any means; (iii) use the Site or the Service in any manner with the intent to interrupt, damage, disable, overburden or impair the or the Service, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; or (iv) use the Site or the Service or any of its features in violation of Dianomi’s or any third party’s intellectual property or other proprietary or legal rights, or in violation of any applicable law.
Dianomi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dianomi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Dianomi shall not be liable for loss caused directly or indirectly by any exchange or market ruling, government restriction, or any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, terrorist act, riot, communications or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of Dianomi and its Service Providers. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Information, shall be subject to the Terms. You acknowledge and agree that the Service is provided “AS IS” and that Dianomi assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personal settings.
DIANOMI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SITES OR THE SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SITES AND SERVICE ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND DIANOMI DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. FURTHERMORE, DIANOMI DOES NOT WARRANT THAT THE SITES OR THE SERVICE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. DIANOMI ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SITES OR THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES OR THE SERVICE WILL MEET YOUR EXPECTATIONS.
Dianomi makes no representations or warranties whatsoever about any third party website or services which you may access through the Service or through the Sites. When you access a third party website, the Site or the Service, even one that may display the Dianomi logo, it should be understood that it is independent from Dianomi and that Dianomi has no control over the content on that web site or the provision of any service therefrom. In addition, a link to a third party website or service does not mean that Dianomi endorses, approves or accepts any responsibility for the content, or the use, of such website or service. Dianomi is in no way responsible for monitoring, examining or evaluating, and we do not warrant the offerings of such websites or services, nor do we assume any responsibility or liability for the actions, content, products or services, of such websites and services, including without limitation, their privacy policies and terms and conditions, or their compliance with state or federal law, or with copyright, trademark or other intellectual property laws. We make no warranty that the Site and the Services are free from infection by viruses or anything else that has contaminating or destructive properties. It is your responsibility to ensure that whatever you select for your use is free of such items as viruses and like devices.
In addition to other obligations set forth in these Terms, you agree to not use the Site or the Service to:
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
- upload, post, email or otherwise generate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange or regulatory body: and
- not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service, except where data relating to a lead is transmitted to a third party originally promoted through the Site.
ACCURACY OF INFORMATION; LIMITATION OF LIABILITY
NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY, QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SITE, THE SERVICE OR THE INFORMATION AND ALL SUCH REPRESENTATIONS OR WARRANTIES ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. We, our Service Providers and affiliates, and any other third party provider of services may or may not hold investments in the funds, products, services, management companies, brokerage firm securities or other companies, funds or other investment vehicles referred to in the Site and the Services. You bear all risks from any use or results of using the Site and/or any Service. You are responsible for validating the integrity of any information sought by you or received over the Internet.
We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice regarding your specific situation.
TO THE EXTENT PERMITTED BY THE LAWS APPLICABLE TO THESE TERMS, DIANOMI DISCLAIMS LIABILITY FOR ANY DAMAGES OR INJURY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO. THIS IS A COMPREHENSIVE LIMITATION OF LIABILTIY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF DIANOMI SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DIANOMI BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT, POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES OR SERVICE.
You agree to indemnify and hold Dianomi and the Service Providers, and their subsidiaries, affiliates, directors, officers, agents, co-branding partners and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out your use of the Site and the Service, your connection to the Site and the Service, your violation of the Terms or your violation of any rights of any third party.
- The Information provided on the Site or Service or otherwise relating to the past performance of an investment is not necessarily a guide to its performance in the future. The value of investments or income from them may go down as well as up. As stocks and shares are valued from second to second, their bid and offer value can fluctuate widely. The degree of fluctuation of fund values varies significantly and the value of higher volatility funds may change suddenly. The value of investments may rise or fall due to the volatility of world markets, interest rates and capital values or, for investments held in overseas markets, changes in the rate of exchange in the currency in which the investments are denominated. You may not necessarily get back the amount you invested.
- Dianomi does not give legal or tax advice and you shall be responsible for obtaining independent legal or tax advice, as appropriate, from your professional advisors in regard to your specific situation. Where you are unsure about any specific investment or other decision, you should obtain appropriate expert independent advice.
- All Information provided through the Site and the Services is only for your personal information and use and is not intended to address your particular requirements or to be relied upon in making (or refraining from making) any specific investment or other decision. The Information shall not, and does not, constitute any form of advice or recommendation by Dianomi.
- Nothing in the Service or on any of the Sites shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
These Terms constitute the entire agreement between you and Dianomi and govern your use of the Service, superseding any prior agreements between you and Dianomi. We may terminate these Terms as to your use of the Site and the Service immediately if we determine, in our sole discretion, that you are in violation of the Terms. You also may be subject to additional terms and conditions that may apply when you use affiliate services or third-party content (such as the Information provided by Service Provider(s)). These Terms and the rights and obligations contained herein are personal to you and may not be assigned, licensed or transferred by you. Nothing contained in these Terms shall be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms is held to be unenforceable or invalid under any applicable law or by any applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
IF YOU ARE VIEWING THIS SITE IN THE UNITED STATES: This Site, and the Services provided through this Site, is intended for use by persons located in the United States. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Both parties consent to the exclusive jurisdiction of any state or federal court sitting in the State of New York.
IF YOU ARE VIEWING THIS SITE IN THE UNITED KINGDOM: Save for non financial services related content and unless otherwise stated, this Site is directed only at, and the Services provided through this Site are only available to, persons in the United Kingdom. The levels and bases of, and reliefs from, taxation are subject to change as UK legislation and regulations and the UK tax regime are amended from time to time and any content on this site referring to such legislation, regulations or tax regime should not be relied upon. Dianomi does not give legal or tax advice and you shall be responsible for obtaining independent legal or tax advice, as appropriate, from your professional advisors. Persons outside the United Kingdom should not use or rely upon any financial services related content provided through this Site. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, but this does not affect any right or remedy of any such person which exists or is available otherwise than as a consequence of that Act. We reserve the right to assign or transfer our rights and obligations under these Terms to: (a) an appropriate company which is from time to time a subsidiary or holding company of Dianomi (subsidiary and holding companies have the meaning ascribed to them by Sections 736 and 736A of the Companies Act 1985); or (b) any appropriate third party engaged in the provision of Services similar to those provided by us on providing you with reasonable notice. These Terms and the relationship between you and Dianomi shall be governed by English law. You and Dianomi agree to submit to the exclusive jurisdiction of the English courts.
IF YOU ARE VIEWING THIS SITE IN AUSTRALIA: This Site, and the Services provided through this Site, is intended for use by persons located in Australia only.
Copyright © 2013 Dianomi Limited. All rights reserved.