Terms of Service
The following terms and conditions govern all use of the DiverData website and all content, services and products available at or through the website.
Version 1.1, last updated on 2016-10-31
The Website is owned and operated by DiverData BV. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by DiverData BV (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DiverData BV, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Your DiverData Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify DiverData BV of any unauthorized uses of your account or any other breaches of security. DiverData BV will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Fees and Payment. Several paid services are available on the Website. By selecting a paid service you agree to pay DiverData BV the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a paid service and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable. DiverData BV reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Paid services can be canceled by you at anytime on 30 days written notice to DiverData BV. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
- Upgrading and Downgrading Terms. For any upgrade or downgrade in plan level, your account or credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. DiverData BV does not accept any liability for such loss.
- Support. All paid services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by DiverData BV to respond within one business day) concerning the use of the services. All support will be provided in accordance with DiverData BV standard practices, procedures and policies.
- Service Levels and Uptime. We monitor the availability of the site 24/7 in a number of ways. Whenever the site goes down we will inform all paid users in a timely manner.
- Responsibility of Website Users. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. DiverData BV disclaims any responsibility for any harm resulting from the use by users of the Website, or from any downloading by those users of content.
- Intellectual Property. This Agreement does not transfer from DiverData BV to you or any DiverData BV or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DiverData BV. DiverData BV, DiverData, the DiverData logo, and all other trademarks, service marks, graphics and logos used in connection with DiverData, or the Website are trademarks or registered trademarks of DiverData BV or DiverData BV’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DiverData BV or third-party trademarks.
- Changes.DiverData BV reserves the right, at its sole discretion, to modify or replace any part of this Agreement. We will inform users via email and our news page of any changes to this Agreement. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. DiverData BV may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination.DiverData BV may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DiverData account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by DiverData if you materially breach this Agreement and fail to cure such breach within thirty (30) days from DiverData BV’s notice to you thereof; provided that, DiverData BV can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. DiverData BV and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DiverData BV nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will DiverData BV, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DiverData BV under this agreement during the twelve (12) month period prior to the cause of action. DiverData BV shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless DiverData BV, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between DiverData BV and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DiverData BV, or by the posting by DiverData BV of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Netherlands, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in The Hague, the Netherlands. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DiverData BV may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about these Terms of Service feel free to contact us.
(Note, the Terms of Service above are based on the Terms of Service from WordPress.com and as such had to be made available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want we’d appreciate a link to WordPress.com somewhere on your site. The WordPress people spent a lot of money and time on the above, and other people shouldn’t need to do the same.)