Terms of Use

1. ACCEPTANCE OF TERMS

Before you begin using Dyalogues, you must read and agree to these Dyalogues Terms of Use ("Terms of Use"). By using this site or any part of this site, Dyalogues.com ("Site"), or any content or services of this site, you agree to be bound by these terms and conditions. If you do not accept and abide by these terms and conditions, you may not use the Dyalogues service. Dyalogues's acceptance is expessly conditioned upon your agreement to all of these terms and conditions, to the exclusion of all other terms. If these terms and conditions are considered an offer by Dyalogues, acceptance is expressly limited to these terms. Nothing in this Terms of Use shall be deemed to confer any third-party rights or benefits.

2. MODIFICATIONS OF TERMS OF USE

Dyalogues may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Dyalogues Terms of Use, you shall be responsible for periodically reviewing the most up-to-date version (http://www.dyalogues.com/terms-of-use). If the alterations constitute a material change to the Terms of Use, Dyalogues will notify you by posting an announcement on the site. What constitutes a material change is at the sole discretion of Dyalogues, made in good faith and using reasonable judgment. Use of Dyalogues by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Dyalogues is a web publishing and content hosting service (the "Service"). The Service shall include, but not be limited to, any service Dyalogues performs for you or other users, as well as the offering of any materials shown or transmitted on the Site or through the Service (including, but not limited to, text, images or graphics, video clips, audio clips, hyperlinks, user comments, messages, information or data, news articles, software, also known as the "Content"). You will be responsible for all activities occurring under your username and for maintaining the security of your password. You understand and agree that Dyalogues may change, suspend or discontinue the Service including any content for any reason, at any time, including the availability of any feature or content. Dyalogues may also impose limits on certain features and services, or restrict user access to parts or all of the services without notice at any time and without any liability to you.

4. YOUR OBLIGATIONS

As a condition to using the Service, you are obligated to create a Dyalogues account, select a password, and a username ("Username"). You must provide Dyalogues with accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in the immediate termination of your Dyalogues account. You may not:

(i) choose or use a Username of another person in order to impersonate that person;
(ii) choose or use a Username subject to rights of a person other than you, without express permission and authorization;
(iii) choose or use a Username that is vulgar, obscene or offensive.

Dyalogues may, at any time and without notification, terminate an account at its sole discretion.

The Service is available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not create an account or use the Service.

You agree that you are responsible for your own use of the Service, for any published content you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

Violation of any of the foregoing or of the Dyalogues Content Policy may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Dyalogues reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Terms of Use has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

Much of the content of Dyalogues.com, including the contents of specific published dyalogues or comments, is provided by and is the responsibility of the person or people who made such dyalogues and comments. Dyalogues does not monitor the content of Dyalogues.com, and takes no responsibility for such content. Instead, Dyalogues merely provides access to such content as a service to you.

Dyalogues may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Dyalogues expects that you will exercise caution, common sense, and proper judgment when using Dyalogues.com.

Dyalogues does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications published via the Service nor does it endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.

5. USER CONDUCT

You agree to use the Service according to the following rules of conduct, and you agree to never use the Service for any purpose that is illegal, for any unauthorized purpose, or prohibited by the Terms of Use, or any other purpose not reasonably intended by Dyalogues.

You agree not to use the Service for the following purposes, which represent examples and should not be construed to constitute an exhaustive list of prohibited actions:

(i) to abuse, harrass, "stalk", threaten, intimidate, or impersonate another Dyalogues user or staff member;
(ii) to publish any content, to cause any content to be published, that is libelous, defamatory, obscene, threatening, abusive, offensive, pornographic, excessively profane, or otherwise in violation of any law or rights of any third party;
(iii) to publish, or cause to be published, any solicitation or request intended to obtain any private account information from any Dyalogues user;
(iv) to sent or subscribe any other Dyalogues user or URL unsolicited email ("Spam");
(v) to publish promotional content or links to affiliate programs, multi-level marketing schemes, or any other form of promotional scheme in which you might have an interest, including but not limited to chain letters or pyramid schemes;
(vi) with the exception of accessing syndication feeds (rss), you must not use any crawler, spider, "bot" or other scripted/automated means to access the site without our express written authorization. You must also not take any action that may impose an unreasonable or disproportionately large load on our infrastructure, you must not in any way interfere with the proper functioning of the site, and you must not bypass any restrictions we put in place to block or restrict access to the site.
(vii) to manipulate any scoring, traffic, or popularity, through the creation of multiple accounts, trading, paying or exchanging, or participating in any collaborative effort, or by any other means;
(viii) to advertise, solicit, or sell any products or services, either in published contact, or by contacting other users, without their prior explicit and specific consent;
(ix) to sell, rent, lease, license, exploit for commercial purposes, or transfer your account or username;
(x) to publish content, or derivative works of content, that you do not own or content that you do not have express written permission to publish from the content owner;
(xi) to publish content that constitutes "malware", including but not limited to viruses, trojans, worms, phishing software, or any other form of malicious code designed to interrupt, undermine, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or that is designed to perform functions on any software, hardware, or equipment without the owner's express consent;
(xii) to publish, in a dyalogue, user profile, or comment, telephone numbers, otherwise undisclosed names, or street addresses of you or any other person;
(xiii) to publish content designed to divert traffic or pass link value to any other Website or Web page;
(xiv) to translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Service, wholly or in part;
(xv) to harvest or "scrape" any personally identifiable information, including usernames or other account information, from the Service;
(xvi) to publish any content inappropriate for or exploitative of anyone under the age of 18;

Dyalogues may remove any content and cancel/ban any Dyalogues accounts at any time, for any reason or for no reason at all. To report Terms of Use abuse, please email abuse@dyalogues.com You are solely responsible for your interactions with other users of the site. Dyalogues reserves the right, but has no obligation, to monitor disputes between you and other users.

6. CONTENT

By publishing Content for display or inclusion on the Site, you represent and warrant that you own all rights to the Content and you agree that the Content will be subject to the Creative Commons Public Domain License (http://creativecommons.org/licenses/publicdomain). The foregoing does not apply to the Content on any external sites to which the Service links.

Dyaloges takes no responsibility for third-party content (either benign or malicious in nature). Dyalogues does not have any obligation to monitor such third-party content. Dyalogues reserves the right at all times to remove or refuse to display any content on the Service, such as content which violates the terms of the Terms of Use. Dyalogues also reserves the right to access, read, retain, and disclose any information as it reasonably believes is necessary to: adhere to any applicable law, regulation, legal process or governmental request; enforce this Terms of Use, including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; respond to user support requests; or, protect the rights, property or safety of Dyalogues, its users and the public. Dyalogues will not be responsible or liable for the exercise or non-exercise of its rights under the Terms of Use.

7. INTELLECTUAL PROPERTY RIGHTS

Because Dyalogues respects the copyrights of others, it is our policy to quickly respond to claims of copyright and other intellectual property infringement. Dyalogues will expeditiously process and investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with or substantially complying with the DMCA, Dyalogues may act quickly to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act promptly to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Repeat infringers will have their accounts and/or access removed by Dyalogues.

To notify Dyalogues of infringement, you must send an email with the subject line "DMCA Infringement Notification" to abuse@dyalogues.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note Dyalogues reserves the right to post your notification, with personally identifiable information redacted, to a clearinghouse such as ChillingEffects.org. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Counter notification: If Dyalogues removes or disables access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Dyalogues with a counter notification by emailing abuse@dyalogues.com with the subject line "DMCA Counter Notification" that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the counsel of an attorney.

8. PRIVACY POLICY

The Dyalogues current privacy policy, http://www.dyalogues.com/privacy-policy (the "Privacy Policy"), is incorporated by this reference.

9. LINKS AND THIRD-PARTY CONTENT

The Service may provide, or third parties may provide, links to other World Wide Web sites, pages, files or resources. Dyalogues has no control over such sites, pages, files and resources; therefore, you acknowledge and agree that Dyalogues is not responsible for the availability of such external sites, pages, files or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites, pages, files or resources. You further acknowledge and agree that Dyalogues shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site, page, file or resource.

10. INDEMNITY

You agree to indemnify and hold harmless Dyalogues, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys' fees and costs) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Service, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Username, of any intellectual property or other right of any person or entity.

11. WARRANTY DISCLAIMERS

You acknowledge that Dyalogues has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Dyalogues from all liability for you having acquired or not acquired Content through the Site or the Service. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Dyalogues makes no representations concerning any content contained in or accessed through the Site or Service, and Dyalogues will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL DYALOGUES OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

13. TERMINATION/SUSPENSION

Dyalogues may terminate or suspend any and all Services and your Dyalogues account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Dyalogues account, you may simply discontinue using the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Dyalogues in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Dyalogues shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Dyalogues's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Dyalogues's prior written consent. Dyalogues may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Alameda County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting Dyalogues's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to these Terms of Use shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Oakland, California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

15. CONTACTING DYALOGUES

If you have any questions about these Terms of Use, the Service, or the Site, you can contact: