ACCEPTANCE OF TERMS
These terms and conditions (“Terms of Use”) apply when you access the Dimdim web site (the "Site"), a website provided to you ("You") by Dimdim ("Dimdim"). Your use of the Site is governed by these Terms of Use. These Terms of Use include any updates by Dimdim and any additional guidelines or rules posted on the Site, if any (“Updated Terms of Use”). You can review the most current version of the Updated Terms of Use at any time at http://www.dimdim.com/tos. Please note that the collection and dissemination of information is subject to Dimdim's privacy policy (“Privacy Policy”), which may be viewed at any time at www.dimdim.com/ppolicy. Where Dimdim has provided you with a translation of the English language version of the Terms of Use, then You agree that the translation is provided for Your convenience only and that the English language versions of the Terms of Use will govern your relationship with Dimdim. If there is any contradiction between what the English language version of the Terms of Use states and what a translation states, then the English language version shall take precedence.
By using the Site, you agree to be bound by the Terms of Use. This is a legally binding agreement. Before proceeding to use our services, you should read the Terms of Use carefully. If you find yourself unable to agree to them, then you must not use the Site. If, however, you agree to them unconditionally you will be given the opportunity to click the “I accept” checkbox during the registration process, and you will then be able to use the Site to which these Terms of Use apply.
The Site and Services are controlled and operated by Dimdim from its offices in Massachusetts in the United States, and Dimdim makes no representations that information and offerings or the Services provided through the Site are appropriate or available for use outside the United States.
COMPANY INFORMATION
The Site includes information about Dimdim, its products and its services and allows you to use and/or purchase Dimdim's products or services. Collectively, the provision of the information, the ability to use and purchase products and services and the search features on or through the Site are referred to in these Terms of Use as the "Services." Dimdim may alter, augment or terminate the Site or Services in whole or in part at any time and from time to time at its sole discretion. Dimdim reserves the right to modify, deny or suspend your access to the Site or Services at any time without notice to you. Dimdim shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services. Dimdim reserves the right to refuse to offer the Services to anyone at any time without notice.
REGISTRATION REQUIREMENTS
To use the Site, You must provide a valid email address, a password, create a dimdim id, and agree to be bound by the terms applicable to the use of this Site. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify Dimdim by one of the methods listed below in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the Services. Dimdim is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
SERVICES OFFERED
The information and descriptions of the Services provided are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by Dimdim. You assume total responsibility and risk for your use of the information provided on the Site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information provided on the Site.
All products and services described herein are provided subject to applicable tariffs and any accompanying terms and conditions, which may be obtained from Dimdim. If you purchase any products or services from Dimdim, you understand that such purchase is subject to Dimdim's standard terms and conditions of sale.
DISCLAIMER OF WARRANTIES
ALL PRODUCTS OR SERVICES OFFERED BY DIMDIM ARE PROVIDED SUBJECT TO DIMDIM'S STANDAR5D TERMS AND CONDITIONS OF SALE. UNLESS OTHERWISE SPECIFIED IN WRITING BY DIMDIM, DIMDIM OFFERS NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED OR OBTAINED THROUGH YOUR USE OF THE SITE. INFORMATION PROVIDED ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED ON THE SITE ARE YOUR SOLE RESPONSIBILITY.
THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. UNLESS OTHERWISE SPECIFIED IN WRITING BY DIMDIM, THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIMDIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. DIMDIM MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
EXCLUSIONS AND LIMITATION OF LIABILITY SECURITY MEASURES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIMDIM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF DIMDIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iv) YOUR RELIANCE ON ANY OF THE SERVICES; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES. IN NO EVENT SHALL DIMDIM'S LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE AND/OR SERVICES EXCEED $100.
CONDUCT ON THE SITE
You agree to not use the Site to:
Upload, post, e-mail or otherwise transmit any content (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) that includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited marketing; or (v) that contains software viruses or similar harmful components or routines;
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
Access (or attempt to access) any of the Services by any means other than through the interface that is provided by Dimdim, unless you have been specifically allowed to do so in a separate agreement with Dimdim;
Access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services;
Interfere with or disrupt the Site, the hardware, software or networks connected to the Site, or any other users of the Site;
Violate, intentionally or otherwise, any applicable local, state, national or international law or regulation;
Use, duplicate, or copy the Site for or offer any information on the Site to any third party or use or exploit any portion of the Site to provide any commercial services to third parties; or
Reproduce, duplicate, copy, sell, trade or resell the Services for any purpose; and,
Reference any e-mail accounts provided as part of the Site in any e-mail or online posting which violates these Terms of Use.
USE BY CHILDREN
Dimdim does not solicit the use of the Site by minors. However, Dimdim cannot prevent such use and cannot prevent minors from visiting the Site. Parents, guardians and those responsible for supervising minors are solely responsible for determining what materials are suitable for such children to view.
Dimdim requires that use of this Site be made either by: (a) individuals 18 years old or older; or (b) individuals under 18 years of age under the direct supervision of a parent, guardian or other responsible individual with such parent, guardian or other responsible individual's verifiable permission for such use, including the collection by Dimdim of certain information in accordance with the Terms of Use.
EACH TIME YOU USE THE SITE, YOU ARE REPRESENTING THAT YOU ARE EITHER: (A) 18 YEARS OF AGE OR OLDER; OR (B) A MINOR WHO IS USING THIS SITE UNDER THE SUPERVISION, AND WITH THE VERIFIABLE PERMISSION OF, A PARENT, GUARDIAN OR OTHER RESPONSIBLE INDIVIDUAL FOR SUCH USE AND FOR THE COLLECTION OF CERTAIN INFORMATION IN ACCORDANCE WITH THESE TERMS OF USE.
INTELLECTUAL PROPERTY INFORMATION
COPYRIGHT INFORMATION
All content included on the Site, including, without limitation, all text, graphics, logos, button icons, images, audio clips, and software ("Content") and the compilation of the Content intended to provide the Services, is the property of Dimdim or its suppliers and protected by U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited. Dimdim reserves all other rights.
You understand that all third party 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 (“Third Party Content”). Such Third Party Content may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide such Third Party Content to Dimdim (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Third Party Content (either in whole or in part) unless permitted to do so in writing as evidenced by a fully executed agreement.
Dimdim reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Third Party Content from the Services. Dimdim may also provide tools to filter out explicit sexual content and You acknowledge there are commercially available services and software to limit access to material that You may find objectionable. You understand that by using the Services you may be exposed to Third Party Content that you may find offensive, indecent or objectionable and that, in this respect, You use the Services at Your own risk.
You agree that you are solely responsible for (and that Dimdim 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 Dimdim may suffer) by doing so.
Dimdim does not endorse, warrant, guarantee or otherwise certify any Third Party Content in any application or usage.
You will not use any of Dimdim’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features for any purpose. 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.
LINKS
The Services may include links to other World Wide Web sites ("Linked Sites"). You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Dimdim with respect to the providers of the Linked Sites or the quality, reliability or any other characteristic or feature of the Linked Sites and Dimdim is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the Linked Sites, including without limitation, the content provided on or through the Linked Sites or your reliance thereon. DIMDIM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITES: YOUR USE OF ANY LINKED SITES IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of the Linked Sites is subject to the terms and conditions applicable to that site.
INDEMNITY
You agree to hold harmless and indemnify Dimdim and its affiliates, and each of its officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any Content thereon, and (b) any use of the Site or Services that violates the Terms of Use.
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card or PayPal account is required for Dimdim Pro accounts. Dimdim Free accounts do not require a credit card. Your credit card information is never stored on our site. When you provide credit card information to Dimdim (or its designated licensees or subcontractors), you represent and warrant to Dimdim that you are the authorized user of the credit card that is used to pay subscription charges or other fees. Each month or year, as applicable, that you have a Dimdim Account, you agree and reaffirm that Dimdim is authorized to charge your credit card for the account fee. You agree to promptly notify Dimdim of any changes to your credit card account number, its expiration date or your billing address, as applicable, and you agree to promptly notify Dimdim if your credit card expires or is canceled for any reason. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
If you choose a monthly or annual payment plan, you will be billed for your first month or first year respectively within 72 hours of purchase or upgrade. If recurring fees are not paid in a timely manner, or if Dimdim is unable to process your transaction using the credit card information provided, Dimdim reserves the right to revoke access to your Dimdim Pro account. If you do not bring your Dimdim balance current within five (5) days after Dimdim provides you with notification, Dimdim reserves the right to convert your Dimdim Pro Account to a Dimdim Free Account which may be subject to restrictions or loss of features.
The Dimdim service is billed in advance and is non-refundable. The fees for your Dimdim Pro Account will be billed within 72 hours of the date you elect, or convert to, a Dimdim Pro Account and on each monthly or yearly renewal, as applicable, thereafter unless and until you cancel your account. Click on the Account Info link on MyDimdim portal to see the commencement date for your next renewal period. Dimdim will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Dimdim Pro Account. There will be no refunds for partial months of service (unless upgrading to larger accounts as below), refunds for months unused, or downgrade credits. In order to treat everyone fairly, no exceptions will be made. Dimdim Pro Accounts are prepaid and are non-refundable.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. If your credit card reaches its expiration date, your continued use of the Dimdim constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Dimdim reserves the right to change our fees or billing methods at any time and Dimdim will provide notice of any such change via e-mail to you and/or by posting such changes on the site at least thirty (30) days in advance. Your continued use of the Dimdim service thirty (30) days after notice shall mean that you accept such changes. If any change is unacceptable to you, you may cancel your Account at any time, but Dimdim will not refund any fees that may have accrued to your Account before cancellation of your Account, and we will not prorate fees for any subscription.
If your use of Dimdim services is subject to use or sales tax, then Dimdim may also charge you for any such taxes, in addition to the subscription or other applicable fees. Unless otherwise indicated, all prices are in U.S. dollars and do not include Internet service provider, telecommunications (such as mobile device data transfer), or other connection charges.
Credits
If you upgrade from a smaller Dimdim Pro plan to a larger Dimdim Pro plan, you will be credited with the unused portion of the existing plan towards the purchase price of first month or first year cost of the larger plan and the commencement date for your next renewal period will be reset. For example, if you begin your monthly billed Dimdim Pro Account on February 16th, your next payment would be due on March 16th. On March 23, you upgrade your Dimdim Pro Account to a larger account and pay the new amount associated with the upgraded Dimdim Pro Account you have selected, less the amount equal to 7 days at your previous Dimdim Pro Account rate. Your next payment would then be due on April 23.
Cancelling Your Account
Your Dimdim Pro Account will continue in effect unless and until you cancel your Dimdim Pro Account or we terminate it. You must cancel your Dimdim Pro Account before it renews each month or year, as applicable, in order to avoid billing of the next month's or year's, as applicable, fees to your credit card. You may cancel your Dimdim Pro Account at any time, and cancellation will be effective immediately. If you wish to cancel your Dimdim Pro Account you may do so via the Account Info link on MyDimdim page. Should you elect to cancel your Dimdim Pro Account, please note that you will not be issued a refund for the most recently (or any previously) charged fees.
Downgrading or canceling your Dimdim service may cause the loss of content, features, or capacity of your Account. Dimdim does not accept any liability for such loss.
By signing up for a Dimdim Pro Account and providing Dimdim with your payment account information, you hereby agree to these payment terms and conditions, and represent that you are 18 years of age or older.
JURISDICTION AND VENUE
You and Dimdim agree that this Agreement and the relationship between you and Dimdim will be governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and Dimdim will rest exclusively in the courts located in Suffolk County. Notwithstanding this, you agree that Dimdim shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
GENERAL PRACTICES REGARDING STORAGE
You understand and agree that Dimdim shall have no liability for the deletion or failure to store any information, content or data transmitted using the Site. You agree that Dimdim may gather system data, which may include data regarding memory usage, navigation, screen resolution, color palettes, connection speed, efficiency and the like.
MISCELLANEOUS
The Terms of Use constitute the entire agreement between you and Dimdim and govern your use of the Site and Services. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Dimdim. You also may be subject to additional terms and conditions that may apply when you use Third Party Content or services available through the Site or Services. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. The failure of Dimdim to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, Services or the Terms of Use must be filed within one year after such claim or cause of action arose. The section titles of the Terms of Use are merely for convenience and will not have any effect on the substantive meaning of this Agreement.