“Application” means a desktop application, browser plug-in or so-called “bookmarklet” made available to you for installation, download or use in connection with Dyocon.com, and any updates or revised or upgraded versions of any such application, plug-in or bookmarklet.
“Content” means all content residing in the application, excluding the data.
“data” means all data, information, functionality and content that you upload to or post on the application, or is uploaded and posted on your behalf, including, but not limited to, poll questions, product specifications, product descriptions, reviews, photographs, images, marks and other user-generated content. “Data” includes, without limitation, data that you have uploaded from your device(s) and data that you elect to post from third party websites.
“Dyocon sites” means www.Dyocon.com and any other url(s) maintained by or on behalf of Dyocon or its affiliates.
“intellectual property” means, with respect to any software, code, data or other asset of any kind, all copyright, patent, trademark, trade secret, moral rights, termination, authorship and other proprietary rights now known or hereafter developed, or applications for any of the foregoing rights, relating to any such software, code, data or other asset, including, without limitation, all rights necessary for the worldwide development, manufacture, modification, enhancement, sale, licensing, use, reproduction, publishing and display of such software, code, data or other asset.
“Marks” means any trademarks, service marks, names, logos, or other graphics or branding elements.
Dyocon may make available to you an application in connection with Dyocon.com. if you elect to install, download or use the application, you agree that this agreement does not grant you any intellectual property in or to the application, and any copies you might make of the application, other than a limited, personal right to use the application in connection with your Dyocon.com activities that will terminate upon the termination of this agreement. You acknowledge that your use of the application is voluntary and at your own risk. you may not: (a) modify, copy, publish, license, sell or otherwise commercialize this application or any content or software associated with this application; (b) rent, lease or otherwise transfer rights to this application; or (c) use this application in any manner that could impair any Dyocon site in any way or interfere with any third party’s use or enjoyment of any Dyocon site. Dyocon makes no guarantees with respect to the availability or uptime of the application. Dyocon may conduct maintenance on or change the method of access to the application, at any time with or without notice to you.
Data rights & obligations.
You represent that any data that you upload to or post on the application shall be free from any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, and that you own or otherwise have the unconditional right to upload or post such data. you hereby grant to Dyocon and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, limited, royalty-free, sub-licensable (through multiple tiers) and transferable right and license to exercise the copyright, trademark, patent, publicity, database, and all other intellectual property rights in the data, as well as the right to host, cache, route, transmit, store, copy, modify, reproduce, distribute, publish, translate, use, publicly perform, publicly display, reformat, excerpt, analyse, and create derivative works of the data, in any media known now or in the future, including any Dyocon site, or application or other property owned, operated or provided by Dyocon or its affiliates.
Dyocon may elect to not display data (or any portion thereof), in its sole discretion. additionally, Dyocon reserves the right to remove any data from any media on which it is displayed at any time, with or without notice to you, if, in its sole opinion, such data conflicts with or is in breach of this agreement or the nature or quality of the data is inconsistent with Dyocon’s mission or standards. There are no implied licenses from Dyocon under this agreement.
While using the application, you will not:
Violate any laws, third party rights or Dyocon’s policies, such as these prohibited and restricted items policies;
use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using any of our sites, services or tools;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm Dyocon, or the interests or property of Dyocon users;
Copy, modify or distribute content or Dyocon’s marks; or
Harvest or otherwise collect information about individuals, including email addresses, without their consent.
Please report problems, offensive content, and policy violations to Dyocon using the feedback feature in the application. without limiting other remedies, Dyocon may limit, suspend or terminate application access, service and/or user accounts, prohibit access to our sites and their content (including the application and the content), services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the application if Dyocon suspects that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Dyocon also reserves the right to modify or discontinue the application and any other websites, services or tools associated with Dyocon.com.
This application may utilize social networking or “share functionality” or may contain links to third party sites that are not owned or controlled by Dyocon. Dyocon has no control over, and assumes no responsibility for, any share or other social media functionality provided by third parties, or the content, privacy policies, or practices of any third party website. You are subject to the policies of those third parties when and where applicable. By using this application, you expressly relieve Dyocon from any and all liability arising from your use of any share or other social media functionality or third party website accessed from this application. Upon receipt of notice addressed to Dyocon as directed below, we will delete any data about you, if any, that we receive from certain third parties’ websites that provide such social media functionality and, in the event that we receive such notice from you, this agreement will terminate automatically without further notice to you.
you will indemnify and hold Dyocon (and our affiliates and our and their officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement, or your violation of any law or the rights of a third party in connection with the data, application or Dyocon.com.
Disclaimer of warranties.
Dyocon reserves the right to make changes to this application or terms from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after posting within the application for current users. If you do not agree to any change, please uninstall and discontinue using this application. Any use of this application after the thirty (30) day notice period constitutes your acceptance of any change.