Terms of Use
The diphur.com Web Site
is comprised of various Web pages operated by
diphur.com .
The diphur.com Web Site
is offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the diphur.com Web Site constitutes your agreement to
all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
diphur.com reserves the
right to change the terms, conditions, and notices under which the diphur.com Web Site is offered, including but not
limited to the charges associated with the use of the diphur.com Web Site.
LINKS TO THIRD PARTY SITES
The diphur.com Web Site
may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of diphur.com
and diphur.com is not responsible
for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. diphur.com is not responsible for webcasting or any
other form of transmission received from any Linked Site. diphur.com is providing these links to you only as
a convenience, and the inclusion of any link does not imply endorsement by diphur.com of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
diphur.com Web Site, you warrant to
diphur.com that you will not use the
diphur.com Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the diphur.com Web Site in any manner which could damage,
disable, overburden, or impair the
diphur.com Web Site or interfere with any other party's use and enjoyment
of the diphur.com Web Site.
You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the diphur.com Web Sites.
USE OF COMMUNICATION SERVICES
The diphur.com Web Site
may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only to post,
send and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own
or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
diphur.com has no obligation
to monitor the Communication Services. However,
diphur.com reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. diphur.com reserves the right to terminate your access
to any or all of the Communication Services at any time without notice for any reason
whatsoever.
diphur.com reserves the
right at all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in diphur.com 's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. diphur.com does not control or endorse the content,
messages or information found in any Communication Service and, therefore, diphur.com specifically disclaims
any liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are not
authorized diphur.com spokespersons,
and their views do not necessarily reflect those of diphur.com .
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO diphur.com
OR POSTED AT ANY diphur.com
WEB SITE
diphur.com does not claim
ownership of the materials you provide to
diphur.com (including feedback and suggestions) or post, upload, input
or submit to any diphur.com
Web Site or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting diphur.com , its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. diphur.com is under
no obligation to post or use any Submission you may provide and may remove any Submission
at any time in diphur.com
's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE diphur.com WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. diphur.com
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE diphur.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE diphur.com WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND
YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
diphur.com AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE diphur.com
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
diphur.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL diphur.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE diphur.com WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE diphur.com WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE diphur.com WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE
diphur.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF diphur.com
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
diphur.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
diphur.com WEB SITE.
TERMINATION/ACCESS RESTRICTION
diphur.com reserves the
right, in its sole discretion, to terminate your access to the diphur.com Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent permitted
by law, this agreement is governed by the laws of the State of Calidornia, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in Fresno
County, California, U.S.A. in all disputes arising out of or relating to the use
of the diphur.com Web Site.
Use of the diphur.com Web
Site is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship exists
between you and diphur.com
as a result of this agreement or use of the
diphur.com Web Site. diphur.com
's performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of diphur.com 's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the diphur.com Web Site or information provided to or
gathered by diphur.com with
respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and
diphur.com with respect to the
diphur.com Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and diphur.com with respect
to the diphur.com Web Site.
A printed version of this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all related documents be
drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the diphur.com
Web Site are: ©2012 diphur.com
, and/or its suppliers. All rights reserved.
TRADEMARKS
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.