THE DIEM APPLICATION TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING THE APPLICATION. THEY GOVERN YOUR ACCESS TO AND USE OF THE APPLICATION. THE APPLICATION IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT DOWNLOAD OR USE THE APPLICATION.
By downloading or otherwise accessing the Diem Application (the “Diem App” or the “App”) you agree to be bound by the following Terms and Conditions (“Terms“) and our Privacy Notice and our cookies policy. If you have any questions about the App or these Terms, please email us at [email protected]. If you do not agree with these Terms, you should stop using the App immediately.
Diem respects your privacy. Our Privacy Notice governs the use of information collected from or provided by you to the Application. A complete statement of our current Privacy Notice can be found at: http://www.thediemapp.com/privacypolicy
If at some point you are required to open an account to use or access the Application, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We are not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Diem, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Third Party Applications, Services, or Apps
The Diem Application may enable you to link or connect you to use functionalities of third-party applications, services or apps that are not owned or controlled by Diem (collectively “Third Party Applications”). Any Third Party Applications are subject to the terms and conditions of the relevant third party provider. Diem has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third parties and over any third-party content, syndicated content, applications, services, apps, advertisements, links, privacy policies and/or practices of any such third-parties that may be accessible via the Diem Application. It is your responsibility to check the privacy policies and terms of service and usage of all third party Apps that you visit prior to downloading or using any such Third Party Applications.
Compliance with Intellectual Property Laws
Copyright in works contained in the App, including but not limited to all software, design, text, sound recordings and images, are owned, or licensed, except as otherwise expressly stated, by us. You may access the App for your own use of the facilities offered. Words, symbols, or other representations of the word “Diem” and any colorable imitation thereof are used to identify the source of goods and services, are the trademarks of Diem. You may not otherwise copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the App or any of its components or intellectual property without prior written consent.
Diem cannot guarantee that the App or its content is error free and makes no representations about the technical accuracy or functionality of the App or that the Content is accurate, error free or up to date.
DIEM HEREBY DISCLAIMS ALL WARRANTIES. THIS APP IS PROVIDED BY DIEM ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIEM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APP IS AT YOUR SOLE RISK. DIEM DOES NOT WARRANT THAT THE INFORMATION IN THIS APP IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DIEM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT DIEM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS APP OR ITS CONTENT. DIEM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIEM BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY DIEM. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
This App may link to, or be linked from, other applications or websites that are not maintained by, or related to, Diem. Diem does not endorse, and is not responsible for, the content of any of those Third Party Applications or websites.
Diem imposes certain restrictions on your permissible use of the Application. You are prohibited from violating or attempting to violate any security features of the Application, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Application, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Application, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Application to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Application; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Diem in providing the Application. Any violation of system or network security may subject you to civil and/or criminal liability.
The Application is controlled and operated from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access, are available or appropriate for use in other locations. Access to this Application from countries or territories where such access is illegal is prohibited. Those who choose to access this Application outside the United States do so on their own initiative and are responsible for compliance with local laws.
Thank you for using Diem! Please contact us at [email protected] if you have any questions.
LAST UPDATED: FEBRUARY 12, 2016