1. USE OF THE SITES
1.1. DIVERSIFIED grants you a non-exclusive, non-transferable and limited privilege to use the Sites to view Content, obtain information about and view DIVERSIFIED publications; subscribe to DIVERSIFIED publications; register for trade shows, conferences and events; post messages to bulletin boards, chat groups or forums available on the Sites; and use the Sites for other purposes expressly permitted by DIVERSIFIED in writing on the Sites (collectively, the “Services”).
1.2. You may print or copy for your personal business use any portion of the Content that you are authorized to access; provided that you do not remove any trademark, copyright or other notice contained in such Content. Your personal business use refers to use which is customary for users of informational websites, and expressly excludes (1) producing, displaying or distribution of multiple or bulk copies of any articles or other Content, or (2) compiling portions of the Content into any product for sale, license, promotional use or any other exchange for value.
1.3. Other than the personal business uses permitted herein, you may not copy, reproduce, alter, modify, create derivative works, distribute, sell, publish, transmit, publicly display or otherwise use the Content or any part of the Sites without prior written permission from DIVERSIFIED. You specifically agree not to use the Sites or the Content in any manner that competes with DIVERSIFIED.
1.4. Without limiting the generality of the foregoing, you further agree not to remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Sites. You further agree that unless you first obtain our express written permission, you will not (a) use any of our trademarks as metatags on other websites, (b) use the Sites in any manner that is illegal or impairs the operation of the Sites or their availability or usage by others, and/or (c) display any part of the Sites in frames (or any Content via in-line links). You agree not to submit to the Sites any malicious software of any kind, including without limitation viruses or Trojan horses.
1.5. You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Sites, and not to insert any code or product or manipulate the Sites in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Sites. You further agree not to use any web crawlers, robots, spiders, or any data gathering or extraction tools, or otherwise engage in data mining in connection with your use of the Sites.
1.6. Search engines may engage in customary site indexing and caching.
2.2. DIVERSIFIED respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please notify us in writing.
3. SUBMISSIONS & USER-CREATED CONTENT
3.1. The Sites may contain bulletin boards, chat groups, forums and other interactive areas that allow users to express their opinions and post Content. We do not monitor all of the Content posted or transmitted by users and third party information providers.
3.2. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the third party and not of DIVERSIFIED. DIVERSIFIED does not represent or endorse the accuracy or reliability of any Content displayed, uploaded, or distributed on the Sites by any third party. You acknowledge that any reliance upon any such third party Content is at your sole risk.
3.3. DIVERSIFIED may, in its sole discretion, edit and/or remove any Content you submit to the Sites. Without limiting the generality of the foregoing, DIVERSIFIED may edit or remove any Content you submit to the Sites that DIVERSIFIED, in its sole discretion, deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable, and you waive any moral rights you may have with respect to changes in the Content. We are not responsible for maintaining your posted Content and we may, in our sole discretion, delete or destroy it at any time with no liability or obligation to you.
3.4. You are solely responsible for any Content you submit to the Sites. We shall not be liable for the use or misuse of any information or data, including personal information, that is included in your posted Content.
4. CONTENT LIMITATIONS
4.1. If you provide any information to us, including Content posted to any of the Sites, you agree to provide only true, accurate, current and complete information.
4.2. You agree not to post Content that:
- contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; or
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or
- violates or infringes any right of DIVERSIFIED or any third party, including without limitation any privacy, trademark, copyright or other intellectual property right, or will otherwise cause injury to any third party, or
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
- violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage evasion or violation thereof; or vi) unfairly interferes with any third party’s uninterrupted use and enjoyment of the Sites; or
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; or
- contains copyrighted or other proprietary material of any kind on the Sites without the express permission of the owner of that material; or
- includes or transmits viruses or other harmful, disruptive or destructive files; or
- disrupts, interferes with, or otherwise harms or violates the security of the Sites, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites; or
- “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
4.3. Any Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Sites is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. To protect your safety, please use your best judgment when posting information. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
4.4. We may refer violations of these content limitations to law enforcement authorities.
5. USE OF REGISTRATION DATA.
6. USERNAME & PASSWORD
6.1. If we issue an account to use the Sites to you (an “Account”), we will also issue a username and/or password for such Account to you (each user of the Sites that is issued an Account shall be referred to herein as a “Member”). You may not authorize any third party to enter and/or use your Account on your behalf. You are responsible for maintaining the confidentiality of the password and user name, and are responsible for all activities that occur using your Account. You agree to (a) immediately notify DIVERSIFIED of any unauthorized use of your user name, password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. DIVERSIFIED cannot and will not be liable for any loss or damage arising from unauthorized use of your user name, password and/or Account.
6.2. Members have access to special Content and Services on the Sites. If you are not a Member, you agree not to use or access, or attempt to use or access, any Content and/or Services intended only for Members.
7.1. The Sites may contain links to other websites or resources. Your dealings or communications through the Sites with any party other than DIVERSIFIED are solely between you and that third party. Under no circumstances will DIVERSIFIED be liable for any goods, services, resources or content available through such third party websites or resources, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any complaints, concerns or questions regarding any external link to such site’s administrator.
7.2. If you operate a website and wish to link to the Sites, you may link either to our home page, http://www.divcom.com, or to any other page or sub-domain of the Sites. We may revoke permission to link to the Sites in our discretion.
8. FEES AND PAYMENTS
DIVERSIFIED reserves the right to charge fees for access to portions of the Sites or particular Services offered. However, we will not charge for access to the Sites or Services unless we obtain your prior agreement to pay such charges. All new fees, if any, will be posted at appropriate locations on the Sites. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including charges for any products or Services offered for sale through the Sites by DIVERSIFIED or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes for such fees and charges. Fees paid are non-refundable unless rights to a refund or credit are communicated in writing at the point of purchase.
9. INTERNATIONAL USERS
The Sites are controlled, operated and administered by DIVERSIFIED from its offices within the United States. Accessing the Sites from territories where the Sites, Content or Services are illegal is prohibited. You may not use the Sites or export the Content in violation of any applicable export laws and regulations. If you access the Sites, you are responsible for compliance with all applicable laws.
Any advertiser on the Sites confirms that its companies are VAT registered within the EU in the country where it received the goods of its agreement with Sites and that the Advertiser will account for any local VAT due in that country under the reverse charge procedure as per the applicable VAT rules in force in that country. Where the Advertiser are not VAT registered or cease to become VAT registered in that country, the Advertiser will inform DIVERSIFIED immediately. Failure to inform the DIVERSIFIED could create VAT and related costs. In the event that the Advertiser become de-registered or incorrectly informed the DIVERSIFIED that the Advertiser is VAT registered —DIVERSIFIED reserves the right to charge the Advertiser any VAT and related costs in addition to the price agreed for services according to the Terms its Agreement.
11. INDEMNITY/LIMITATIONS OF LIABILITY
11.2. You shall cooperate as fully as reasonably required in the defense of any such claim. DIVERSIFIED reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
13. LIMITATION OF LIABILITY.
13.2. If you are dissatisfied with any Sites or Content, your sole and exclusive remedy is to discontinue using the Sites, unless you paid a fee and a right to a refund or credit was communicated at the point of purchase.
14. TERMINATION/MODIFICATIONS TO THE SITES OR SERVICES.
14.2. You agree that (a) if your authorization to enter any of the Sites is terminated, you will not thereafter enter, or attempt to enter, the Sites, directly or indirectly, and (b) if your authorization to enter any of the Sites is suspended, you will not thereafter enter, or attempt to enter, the Sites, directly or indirectly, until your suspension is removed and we give you express notice thereof.
15.10. Official correspondence to us must be sent via postal mail to:
Attn: General Counsel
121 Free Street Portland, ME 04101
Contact [email protected] with questions or problems with the Site.
Any rights not expressly granted herein are reserved.
Last Revised January 24, 2022