Dizining.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with student architects and people in the architectural field. The services offered by Dizining.com include the Dizining.com website (the " Dizining Website"), the Dizining.com Internet messaging service, and any other features, content, or applications offered from time to time by Dizining.com in connection with the Dizining Website (collectively, the " Dizining Services"). The Dizining Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Dizining Services. By using the Dizining Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Dizining Website) or you are a "Member" (which means that you have registered with Dizining.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Dizining Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Dizining Website and discontinue use of the Dizining Services immediately. If you wish to become a Member, communicate with other Members and make use of the Dizining Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Dizining.com's policy for acceptable use of the Dizining Services and Content posted on the Dizining Website, your rights, obligations and restrictions regarding your use of the Dizining Services and Dizining.com's Privacy Policy. In order to participate in certain Dizining Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Dizining Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@ Dizining.com, Subject: Terms of Use Agreement.
Dizining.com may modify this Agreement from time to time and such modification shall be effective upon posting by Dizining.com on the Dizining Website. You agree to be bound to any changes to this Agreement when you use the Dizining Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Dizining.com and that you provide to other Users. Your Dizining.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Dizining.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Dizining.com assumes no responsibility or liability for this material. If you become aware of misuse of the Dizining Services by any person, please contact Dizining or click on the "Contact Us" link at the bottom of any Dizining.com page.
Dizining.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Dizining Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of and Membership in the Dizining Services is void where prohibited. By using the Dizining Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Dizining Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
- Term. This Agreement shall remain in full force and effect while you use the Dizining Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Dizining.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
- Fees. You acknowledge that Dizining.com reserves the right to charge for the Dizining Services and to change its fees from time to time in its discretion. If Dizining.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Dizining.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The Dizining Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Dizining.com. Illegal and/or unauthorized use of the Dizining Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Dizining Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Dizining Services.
- Proprietary Rights in Content on Dizining.com.
1. Dizining.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Dizining Services. After posting your Content to the Dizining Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Dizining Services, you hereby grant to Dizining.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Dizining Services. Without this license, Dizining.com would be unable to provide the Dizining Services. For example, without the right to modify Member Content, Dizining.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Dizining.com could not allow Users to listen to music posted by Members. The license you grant to Dizining.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Dizining.com), fully-paid and royalty-free (meaning that Dizining.com is not required to pay you for the use on the Dizining Services of the Content that you post), sublicensable (so that Dizining.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Dizining Services), and worldwide (because the Internet and the Dizining Services are global in reach). This license will terminate at the time you remove your Content from the Dizining Services. The license does not grant Dizining.com the right to sell your Content, nor does the license grant Dizining.com the right to distribute your Content outside of the Dizining Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the Dizining Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Dizining Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Dizining Services.
3. The Dizining Services contain Content of Dizining.com ("Dizining.com Content"). Dizining.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Dizining.com owns and retains all rights in the Dizining.com Content and the Dizining Services. Dizining.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Dizining.com Content (excluding any software code) solely for your personal use in connection with viewing the Dizining Website and using the v Services.
4. The Dizining Services contain Content of Users and other Dizining.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Dizining Services.
- Content Posted.
1. Dizining.com may delete any Content that in the sole judgment of Dizining.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Dizining.com assumes no responsibility for monitoring the Dizining Services for inappropriate Content or conduct. If at any time Dizining.com chooses, in its sole discretion, to monitor the Dizining Services, Dizining.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the Dizining Services, and any material or information that you transmit to other Members and for your interactions with other Users. Dizining.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Dizining.com prior to posting and does not necessarily reflect the opinions or policies of Dizining.com. Dizining.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Dizining Services. Dizining.com reserves the right to investigate and take appropriate legal action against anyone who, in Dizining.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Dizining Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Dizining.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. 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 music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Dizining Website and through your use of the Dizining Services. Dizining.com reserves the right to investigate and take appropriate legal action against anyone who, in Dizining.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Dizining Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Dizining Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Dizining.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Dizining.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Dizining Services, you acknowledge that you will have caused substantial harm to WeArrive.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Dizining.com $50 for each such unsolicited email or other unsolicited communication you send through the Dizining Services;
3. covering or obscuring the banner advertisements on your personal profile page, or any Dizining.com page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the Dizining Services or the networks or services connected to the Dizining Services;
6. attempting to impersonate another Member or person;
7. for band profiles, copying the code for your Dizining Player and embedding it into other profiles or asking other Members to embed it into their profiles;
8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
9. selling or otherwise transferring your profile;