Last Updated ·?March 17, 2022
If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Your continued use of the Website after a replacement, modification, or amendment of the terms of this Agreement will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.
User Age Notice:
The Services are not intended for use by anyone under 13 years of age. If you are 13 or younger, do not access or use the Services and do not provide us with any personal information.
Registration of User Account
You acknowledge and agree that you control access to your User Account. Your User Account may only be used by you or by third parties with your express written consent. We will not be held responsible or liable for any unauthorized access to your User Account, and you are under a continuing duty to promptly provide us with notice of any unauthorized or unusual access to your User Account. You are advised to keep the username and password associated with your User Account secure and secret. By creating a User Account and providing your personal information to us, you acknowledge and agree that we may use your personal information to contact you.
Plaid Creations Intellectual Property
DIPLY, and other trademarks, services marks, logos, designs and slogans used on or in connection with the Services, are trademarks of Plaid Creations Inc. or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans displayed within the Services (eg. in connection with any third-party content) are the trademarks of their respective owners.
If You provide us with any suggestions, comments or other feedback relating to any aspect of the Services (“Feedback”), we may use such freely. Accordingly, You agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to us, (c) Plaid Creations Inc (including all of its successors and assigns) and any successors and assigns may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from us or any of the other users of the Services in respect of the Feedback.
Third Party Content
The Services include content provided by independent third parties under license for use by users. This content may include specialty topics or address general areas of interest. We do not represent or guarantee that any third-party content provider has any specific expertise or subject matter knowledge, nor do we verify any claims made by content providers in this regard. We cannot and do not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Services.
Please do not rely on Site content, including User Content (see below) and content from our independent contractor content providers. Content is provided for general information purposes only and can never take into account your unique, personal circumstances and needs. You acknowledge and agree that any reliance or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and we shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through the Site, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice.
User Content. Subject to any applicable Supplemental Terms provided in connection with any Site or App, registered users of the Services may upload and post content through and on the Services (e.g. through message boards, forums, review and rating sections, and other interactive features that permit users to post comments or other content) (collectively “User Content”). We are not responsible for and do not endorse anything users post on the Sites or Apps, including all User Content.
We acquire no ownership interest in any User Content. When using the Site, you grant us an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, create derivative works from, and display publicly throughout the world and in any medium or form now existing or later created any content that you submit to the Site. You expressly agree that we may use this content for any purpose and that the use or republication of this content will be at our discretion and without compensation or attribution of any kind. You acknowledge and agree that you are responsible for any User Content which you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Our Rights. We do not routinely monitor all material placed on the Sites or Apps, but we may in our sole discretion monitor content, including User Content, at any time, and we reserve the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to suspend or terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the User Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
Infringing Content. We take copyright and other intellectual property rights seriously. If you believe that anything posted on or through the Services offends your copyright or other intellectual property rights, is defamatory, or otherwise infringes your rights, please refer to our Copyright Notice for further information on steps you should take to bring this to our attention.
You are responsible for all activity you conduct on or through the Services. When you use the Services, you agree to use them only for their customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by the Company for such a breach, including, but not limited to, monetary damages.
You may not use the Services for purposes that contravene law or our policies, including, but not limited to: illegal purposes; sending spam; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; distribution of viruses or other harmful code; transmission, distribution, display or storage of any material protected by copyright, trade-mark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, untruthful, disrespectful, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment; or to interfere with any other person's use and enjoyment of the Services. If you are posting information on publicly accessible areas of the Sites or Apps, keep in mind that anyone can see it. You agree to comply with all applicable laws in connection with your access to and use of the Services, including the provision of any personal data and User Content to us. Our content rules and restrictions are set out below in more detail and should be read carefully.
Content Rules and Use Restrictions. In using the Services, You may not:
modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of a Site or App or any software provided as part of the Services or to falsely imply that another website is associated with the Services.
Please read this section carefully. It contains important terms around our limitations and exclusions of liability, service-related disclaimers, and your obligation to indemnify us for certain claims and losses. Disclaimers.
Your access to and use of the Services is at your own risk and you understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. We make no guarantees regarding, and we are not responsible or liable for, any errors, omissions, or inaccuracies in the information or for any user's reliance on the information. Users are solely responsible for verifying the information as being appropriate for user's personal use.
Without limiting the foregoing, we make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. We are not responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Services, will create any warranty not expressly made herein.
Information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Sites or Apps. You are responsible for safeguarding any password that you use to access the Services and you are responsible for any activities or actions under your account. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH CANNOT BE EXCLUDED BY LAW.
You cannot claim or collect any damages from Company for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or any damages that exceed the amount paid by you to us hereunder for any goods or services that the claim arises from. You hereby waive any and all claims against Company, its subsidiaries, affiliates, agents or licensors arising out of your use or inability to use the Services.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to indemnify, defend and hold harmless Plaid Creations Inc, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any content or other materials provided by you, or (b) breach by you of the User Terms. You shall cooperate fully and reasonably in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Governing Law and Dispute Resolution
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE USER TERMS OR IN CONNECTION WITH THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.
Third Party Sites and Links. Any third-party sites that are linked to this Site are not under our control. We provide links as a convenience only and such links do not imply any endorsement by us of those sites.
The Site includes links to third parties from whom you can purchase items. We are not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. Nor are we responsible in any way for any aspect of any goods or services you may purchase from those sites. Any warranties provided for products sold through third parties linked to the Site are provided by their respective manufacturers and/or the linked third-party website, if applicable. We do not express or imply, and specifically disclaim, any direct warranty on items that are manufactured and sold by a third party.
Availability & Updates. We may alter, suspend, or discontinue any Services at any time and for any reason or no reason, without notice. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Services without notice.
Force Majeure. We will not be responsible for any delay or failure in performance of the Services arising out of any cause beyond our control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.
Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Services, including, but not limited to, your duty to indemnify and defend the Company.
Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. We reserve the right to assign our rights and duties under this Agreement, including in a sale of the Company or the Site and/or any of the Services.
Severability; Waiver. For avoidance of doubt, if any portion of this Agreement is found to be unlawful, void or unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce or exercise any right under this Agreement, it will not be considered a waiver. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing.
Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the Services and all related activities.