Terms And Conditions
Last updated: April 3rd, 2018
Welcome to dianadesign
dianadesign is a presentation website designed to offer users information about dianadesign main services.
dianadesign (“dianadesign,” “we,” “us,” “our”) provides its services to you through its website located at http://dianadesign.ro/(the “Site”) and related services (“Service(s)”), subject to the following Terms of Service (“TOS”). If you encounter any problems while using the website please contact us immediately at diana[at]ap3.co.
Acceptance of terms & change policy
Please read these terms carefully as they form the legal-binding agreement between the Site and any associated Services and
you (referred to as “you,” “user,” and “your”). Using any of the services indicates that you accept
these terms. If you do not agree with any of these terms, please stop using the Services and Site.
We reserve the right, at our sole discretion, to change or modify parts of these TOS at any time. We will post on this page the changes and the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable methods. Any such changes will become effective no earlier than thirty (30) days after they are posted, except for changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after any such changes constitutes your acceptance of the new TOS.
It is your responsibility to regularly check the Site to determine if there have been changes to these TOS and to review such changes.
Conditions of use
Your License to Use dianadesign
Unless otherwise expressly authorized here or in the Service, you agree not to display, distribute, license, copy, perform, publish, reproduce, duplicate, modify, sell, resell, create derivative works from, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You can use dianadesign for personal, non-commercial use only, and subject to the TOS. If the TOS are not enforceable where you are located, you may not use dianadesign.
Restriction and prohibited uses
You may not access or use dianadesign for any purpose other than that for which we make it available. Unless you receive our written permission, you shall not:
- Use or distribute dianadesign for your own scientific or clinical research purposes;
- Violate or attempt to violate dianadesign’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of dianadesign systems and networks;
- Redistribute, decompile, reverse engineer, publish, or copy dianadesign, including cracking its software;
- Use the services to transmit chain letters, junk or spam;
- Use dianadesign for the purpose of creating a product with a significantly similar look, feel or design;
- Interfere with others’ use and enjoyment of dianadesign;
- Access or search dianadesign by any means other than our publicly supported interfaces (for example, “scraping”);
- Use dianadesign or any trademarks, workshops names, training names, trainers names, team member names, service marks, copyrights, or logos, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
User generated content
You are prohibited to use the Service to Post, email or otherwise transmit any Content that:
- is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- infringes any intellectual property or other proprietary rights of any party;
- constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “contests,” “spam,” “chain letters,” “pyramid schemes,” “sweepstakes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- in the sole judgment of dianadesign, is objectionable or which inhibits or restricts any other person from using or enjoying the Service, or which may expose dianadesign or its users to any harm or liability of any type;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- or violate any applicable local, state, national or international law, or any regulations having the force of law;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Third Party Links
Any links to third party apps and websites are provided solely for your convenience. We have not reviewed all of these third party apps and websites and do not control and are not responsible for these apps/websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party apps/websites linked to from our services, you do so entirely at your own risk.
dianadesign is protected by Romanian and international intellectual property laws and you agree to abide
by them. Without our prior written consent, you may not download, copy or store dianadesign content
in any form outside of dianadesign and you may not modify, publish, transmit, participate in the
transfer or sale of, reproduce, create derivative works based on, distribute, or perform any dianadesign
content. You agree that all data and algorithms in our flash files and associated servers are “trade
secrets”. You agree to comply with reasonable written requests from us to help us in protecting our
proprietary and intellectual property rights in dianadesign. All intellectual property rights in
dianadesign are, as between you and dianadesign, the sole and exclusive property of dianadesign.
Some dianadesign features either now or in the future may allow you to post or submit content and materials for publication on dianadesign (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer dianadesign or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIANADESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DIANADESIGN MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you. DIANADESIGN IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING, AND DIANADESIGN IS NOT PROVIDING, MEDICAL TREATMENT OR ADVICE.
Limitation of Liability
IN NO EVENT SHALL DIANADESIGN AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS BE LIABLE WITH RESPECT TO DIANADESIGN FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO DIANADESIGN; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF DIANADESIGN; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DIANADESIGN AND YOU. YOU UNDERSTAND THAT DIANADESIGN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
You indemnify and hold dianadesign, and its affiliates, and its and their officers, directors, agents and employees, harmless from any losses, damages, costs, expenses (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of any breach by you of any of these terms or applicable law; your misuse of the services; User Generated Content you provide or post; your infringement of intellectual property rights or any other third party rights; and/or your failure to provide accurate, up to date information.
You agree that dianadesign, in its sole discretion, may suspend or terminate your use of the Service and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if dianadesign believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. dianadesign may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that dianadesign may immediately deactivate or delete your use of services and all related information and files and/or bar any further access to such files or the Service. Further, you agree that dianadesign shall not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and dianadesign will have no liability or responsibility with respect to that. dianadesign reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and dianadesign and govern your use
of the Service, superseding any prior agreements between you and dianadesign with respect to the
Service. You also may be subject to additional terms and conditions that may apply when you use affiliate
or third-party services, third-party content or third-party software. If there is any conflict between
the TOS and any additional terms, conditions, and rules posted by dianadesign, the TOS shall govern,
unless otherwise indicated.
These Terms of Service shall be governed by the laws of Romania. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Please contact us at diana[at]ap3.ro with any questions regarding this TOS.