Welcome to Diddams.com.
This Terms of Use Agreement
(“Agreement”) is a legal agreement between you (“User”)
and Diddams.com . By accessing and using
the Diddams.com web site, User acknowledges that he or she has read, understood
and agrees to comply with the terms and conditions stated within this
Agreement.
Diddams.com reserves the right to
change these terms and conditions periodically at its sole discretion.
User’s continued use of this web site constitutes acceptance of the
terms and conditions stated at the time of use.
PRIVACY
Diddams.com collects information about the Users of its web sites. Collection
of this information is governed by the Diddams.com Online Privacy Policy, which
may be accessed at http://www.Diddams.com
/privacy.
USER CONDUCT
Users agree that all the information posted or accessed will be used only
for informational or educational purposes. There may be no commercial
or other unauthorized use of any interactive features available on this
web site. Users may not engage in any conduct or action that is prohibited
by law or violates any federal, state or local laws.
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively,
“Marks”) used or referred to on this web site are the property
of Diddams.com, unless otherwise noted. Users may not use, copy, reproduce,
republish, upload, post, transmit, distribute or modify these Marks in
any way without Diddams.com's prior written permission. The use of Diddams.com's
Marks on any other web site is prohibited.
PROPRIETARY RIGHTS TO CONTENT
All materials contained on this web site are copyrighted except where
explicitly noted otherwise. © Diddams.com. All rights
reserved.
User acknowledges and agrees
that content, including but not limited to text, software, music, sound,
photographs, video, design, graphics, movie trailers, film clips or other
material contained in this web site (“Content”) is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. User understands and agrees that User may not copy, reproduce,
republish, distribute, modify or create derivative works from this Content
or otherwise use, transmit, upload, rebroadcast or publish in any form
this Content other than as expressly authorized by this Agreement without
Diddams.com's prior, written consent.
LINKS TO THIRD PARTY SITES
The Diddams.com web site may contain links to third party web sites, which are
not under the control of Diddams.com. Diddams.com makes no representations whatsoever
about any other web site to which you may have access through the Diddams.com
web site. When you access a third party web site, you do so at your own
risk and acknowledge that Diddams.com is not responsible or liable for any content,
advertising, products or other materials available from such third party
sites. User also agrees that Diddams.com shall not be liable for any loss or
damage of any sort incurred as the result of using any third party’s
web site. Mention of third party companies and web sites on the Diddams.com
web site is for informational purposes only and does not constitute an
endorsement or recommendation.
LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT Diddams.com SHALL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR
INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS
IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY
IS CLAIMED, EVEN IF Diddams.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, Diddams.com makes no warranty
that this web site will meet your requirements or that it will be uninterrupted,
timely, secure or error free; nor does Diddams.com make any warranty as to the
results that may be obtained from the use of this web site or as to the
accuracy or reliability of any information obtained through this web site.
USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT
USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE,
Diddams.com PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE
BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT
OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO
EVENT SHALL Diddams.com OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY
TO USE THE SITE CONTENT, EVEN IF Diddams.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
User agrees, at User’s expense, to indemnify, defend and hold harmless
Diddams.com, its officers, directors, employees, agents, affiliates, distributors
and licensees from and against any judgment, losses, deficiencies, damages,
liabilities, costs and expenses (including reasonable attorneys’
fees and expenses) incurred in connection with any claim, demand, suit,
action or proceeding arising out of User’s breach of this Agreement
or in connection with User’s use of this web site or any product
or service related thereto.
GOVERNING LAW
This Agreement and the relationship between User and Diddams.com shall be governed
by and construed in accordance with the laws of the State of California.
Any controversy or claim arising out of or relating to this Agreement
or relating to use of this web site and the material contained in this
web site shall be resolved in a California court. User agrees that, regardless
of any statute or law to the contrary, any claim or cause of action arising
out of or related to this Agreement must be filed within one (1) year
after such claim or cause of action arises or will be forever barred.
WAIVER/SEVERABILITY
The waiver by either party of a breach or right under this Agreement will
not constitute a waiver of any subsequent breach or right. If any provision
of this Agreement is found to be invalid or unenforceable by a court of
competent jurisdiction, such provision shall be severed from the remainder
of this Agreement, which will otherwise remain in full force and effect.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.
