  These Terms of Service ("Terms") apply to the executable code version of Diomede Corporation's Super Quick Link software application ("Application"), and describe your relationship with Diomede Corporation at PO Box 7775 #55629, San Francisco, CA 94120 ("Company"). Your use of Company's software, services, products, and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Company under a separate written agreement) is subject to the terms of a legal agreement between you and Company. These Terms form a legally binding agreement between you and Company in relation to your use of the Services. It is important that you take the time to read them carefully. 1. Accepting the Terms 1.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. 1.2 You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you by Company in the user interface for any Service; or (b) by actually using the Services. In this case, you understand and agree that Company will treat your use of the Services as acceptance of the Terms from that point onwards. 1.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Company, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. 2. Provision of the Services by Company 2.1 Company is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Company provides may change from time to time without prior notice to you. 2.2 As part of this continuing innovation, you acknowledge and agree that Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Company's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Company when you stop using the Services. 2.3 You acknowledge and agree that if Company disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. 2.4 You acknowledge and agree that while Company may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Company at any time, at Company's discretion. 3. Use of the Services by you 3.1 In order to access certain Services, you may be required to provide information about yourself (such as contact details or identification) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Company will always be accurate and up-to-date. 3.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 3.3 You agree that you will not engage in any activity that interferes with or disrupts the Services, or the servers and networks which are connected to the Services. 3.4 Unless you have been specifically permitted to do so in a separate agreement with Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. 3.5 You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Company may suffer) of any such breach. 4. Your passwords and account security 4.1 The Company may add features in the future that require you to maintain an account (username, password, and other personal information) to access such features. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. 4.2 Accordingly, you agree that you will be solely responsible to Company for all activities that occur under your account. 4.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Company immediately at: legal@superquicklink.com 5. Privacy and your personal information 5.1 For information about Company's data protection practices, please read Company's privacy policy at: http://www.superquicklink.com/privacy.aspx This policy explains how Company treats your personal information, and protects your privacy, when you use the Services. 5.2 You agree to the use of your data in accordance with Company's privacy policies. 6. Content in the Services 6.1 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. 6.2 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". 6.3 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Company (or by other persons or companies on their behalf). You may not rent, lease, loan, sell, modify, distribute, or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Company or by the owners of that Content, in a separate agreement. 6.4 Company reserves the right (but shall have no obligation) to review, pre-screen, flag, filter, modify, refuse or remove any or all Content from any Service. 6.5 You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Company may suffer) by doing so. 7. Proprietary rights 7.1 You acknowledge and agree that Company (or Company's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Company and that you shall not disclose such information without Company's prior written consent. 7.2 Unless you have agreed otherwise in writing with Company, nothing in the Terms gives you a right to use any of Company's trademarks, service marks, logos, domain names, and other distinctive brand features. 7.3 Other than the limited license set forth in Section 9, Company acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Company, you agree that you are responsible for protecting and enforcing those rights and that Company has no obligation to do so on your behalf. 7.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. 8. License from Company 8.1 Company gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Company as part of the Services as provided to you by Company (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Company, in the manner permitted by the Terms. 8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Company, in writing. 8.3 Unless Company has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. 9. Content license from you 9.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. 10. Software updates 10.1 The Software which you use may automatically download and install updates from time to time from Company. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Company to deliver these to you) as part of your use of the Services. 11. Ending your relationship with Company 11.1 The Terms will continue to apply until terminated by either you or Company as set out below. 11.2 If you want to terminate your legal agreement with Company, you may do so by (a) notifying Company at any time and (b) closing your accounts for all of the Services which you use, where Company has made this option available to you. Your notice should be sent, in writing, to Company's address which is set out at the beginning of these Terms. 11.3 Company may at any time, terminate its legal agreement with you if: (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (c) Company is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (d) the provision of the Services to you by Company is, in Company's opinion, no longer commercially viable. 11.4 Nothing in this Section shall affect Company's rights regarding provision of Services under Section 2 of the Terms. 11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 19.6 shall continue to apply to such rights, obligations and liabilities indefinitely. 12. EXCLUSION OF WARRANTIES 12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT COMPANY'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." 12.3 IN PARTICULAR, COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 12.6 COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 13. LIMITATION OF LIABILITY 13.1 SUBJECT TO OVERALL PROVISION IN SECTION 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH COMPANY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; 13.2 THE LIMITATIONS ON COMPANY'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 14. Copyright and trade mark policies 14.1 It is Company's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of Company's policy can be found at: http://www.superquicklink.com/dmca.aspx 15. Advertisements 15.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. 15.2 The manner, mode and extent of advertising by Company on the Services are subject to change without specific notice to you. 15.3 In consideration for Company granting you access to and use of the Services, you agree that Company may place such advertising on the Services. 16. Paid subscriptions 16.1. Some of the Services may be supported by paid accounts, subscriptions, or features. You agree to pay all account charges, and to pay any applicable taxes and other fees that accrue in relation to your use of the Service. 16.2. You may cancel a paid account, subscription, or feature at any time by editing your account settings via the Services. If you cancel an account after the start of a new billing term (monthly or annual), Company will not refund any fees paid by you. Instead, your account will remain active for the remainder of the term for which you paid and will then be converted to a free account. 17. Other content 17.1 The Services may include hyperlinks to other web sites or content or resources. Company may have no control over any web sites or resources which are provided by companies or persons other than Company. 17.2 You acknowledge and agree that Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. 17.3 You acknowledge and agree that Company is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. 18. Changes to the Terms 18.1 Company may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Company will make a new copy of the Universal Terms available at: http://www.superquicklink.com/tos.aspx and any new Additional Terms will be made available to you from within, or through, the affected Services. 18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Company will treat your use as acceptance of the updated Universal Terms or Additional Terms. 19. General legal terms 19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. 19.2 The Terms constitute the whole legal agreement between you and Company and govern your use of the Services (but excluding any services which Company may provide to you under a separate written agreement), and completely replace any prior agreements between you and Company in relation to the Services. 19.3 You agree that Company may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. 19.4 You agree that if Company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company's rights and that those rights or remedies will still be available to Company. 19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. 19.6 The Terms, and your relationship with Company under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. General Information Diomede Corporation ("Diomede") respects the privacy of users of our services, applications, products, and web sites ("Services"). Any personal information gathered via our Services will be kept strictly confidential and will only be used in ways for which you have specifically consented. We will take special care to protect the privacy and security of your information. Cookies Diomede's Services may use a technology called "cookies". A cookie is a token that a server gives to your browser when you access a website. Cookies are capable of storing many types of data. Cookies help provide additional functionality to the site or to help us analyze site usage more accurately. For instance, our server may set a cookie that keeps you from having to enter a password more than once during a visit to one of our sites. In all cases in which cookies are used, the cookie will not collect personally identifiable information except with your explicit permission. Access to Your Information If you would like us to delete any information we have about you, we shall unless it's part of a condition of using one of our Services. You may request to have your information deleted once the agreement of the service is deemed nullified. We will respond to your request to access, update, or delete your information within ten (10) business days once your identity has been verified. Collection and Use of Personally Identifiable Information Diomede will only collect personally identifiable data (such as your name, address, telephone number, or e-mail address) when it is voluntarily submitted to us via our Services. Non-Personally Identifiable Information Diomede's Services also collect and use information in aggregate form to track various Service usage metrics. This is technical information that does not by itself identify a specific individual. No personally identifiable information is available in this process and referred to as "non-personally identifiable information". We use this data to improve the Services and to better target our marketing efforts. Security We take careful measures to prevent the loss, misuse, and alteration of your information. We use Secure Sockets Layer (SSL) technology supporting 128-bit encryption when we collect information from you during the certification application process. The information collected is stored on secure servers behind a firewall. We only provide access to your personal information to Diomede employees. Disclosure of Information All Personally Identified Information gathered can be disclosed to judicial or other government agencies subject to warrants, subpoenas or other governmental orders. Children We do not intentionally collect information from persons under the age of 18. Change of Privacy Policy If we are going to use your personally identifiable information in a manner different from that stated at the time of collection through our Services, we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already collected through our site, we will post a prominent notice on our web site notifying users of the change. Privacy Contact Information You can contact Diomede regarding privacy matters at: legal@diomedestorage.com or at: Legal Department Diomede Corporation PO Box 7775 #55629 San Francisco, CA 94120 |