Terms of Service

myDiModa’s products and services are provided by myDiModa Inc. These Terms of Service (“Terms”) govern your access to and use of myDiModa’s website, products, and services (“Products”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

Simply: Every company has its terms. These are ours.

 1. Using myDiModa

A. Who can use myDiModa

  • You may use our products only if you can form a binding contract with myDiModa, and only in compliance with these Terms and all applicable laws. When you create your myDiModa account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

B. Our license to you

  • Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

C. Simply: If you’re setting this account up on behalf of someone else then you must have the right authorization to accept these terms on their behalf.

2. OUR USE OF THIRD-PARTY INTEGRATIONS AND SERVICES

  • Our applications may contain links to or allow you to connect and use certain external third-party products, services, or software in conjunction with your use of our Applications and Products (“Third-Party Services,” and each, a “Third-Party Service”), including certain social media networks and other integration partners. To take advantage of these features, you may be required to sign up or log into such Third-Party Service on their respective websites or applications. By enabling the Applications to access such Third-Party Service, you are permitting myDiModa to pass on your login information to the Third-Party Service and granting the Third-Party Service permission to access or otherwise process your data. You acknowledge that your use of such Third-Party Service is governed solely by the terms and conditions and privacy policy of such Third-Party Service, and that myDiModa does not endorse, is not liable for, and makes no representations as to the Third-Party Service, its content, or the manner in which such Third-Party Service uses, stores, or processes your data. We are not liable for any damage or loss arising from or in connection with your enablement of such Third-Party Service and your reliance on the policies, privacy practices, and data security processes of such Third-Party Service. We are not responsible or liable for any changes to or deletion of your data by the Third-Party Service. Certain features of our Products may depend on the availability of these Third-Party Services and the features and functionality they make available to us. We do not control Third-Party Service features and functionality, and they may change without any notice to us. If any Third-Party Service stops providing access to some or all of the features or functionality currently or historically available to us, or stops providing access to such features and functionality on reasonable terms, as determined by myDiModa in our sole discretion, we may stop providing access to certain features and functionality of our Products. We will not be liable to you for any refunds or any damage or loss arising from or in connection with any such change made by the Third-Party Service or any resulting change to our Products. You irrevocably waive any claim against myDiModa with respect to such Third-Party Services.
  • Simply: To use myDiModa, you will need to connect third party apps. We can’t be responsible for what those apps do. Compliance with the terms of those apps is your responsibility.

3. YOUR CONTENT

A. Posting content

  • myDiModa allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to myDiModa.

B. Simply: If you post your content on myDiModa, it still belongs to you but we can show it to people.

C. How long we keep your content

  • Following termination or deactivation of your account, or if you remove any User Content from myDiModa, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, myDiModa may retain and continue to use, store, display, reproduce, reuse, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through myDiModa. Users can request delete of “User Content” by contacting us.

D. Simply: Copies of content shared with others may remain even after you delete the content from your account.

E. Feedback you provide

  • We value hearing from our users, and are always interested in learning about ways we can make myDiModa more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, myDiModa does not waive any rights to use similar or related feedback previously known to myDiModa, or developed by its employees, or obtained from sources other than you.
  • Simply: We love feedback on improving our product, if you give it to us we’re free to use it without having to give you something.

4. COPYRIGHT POLICY

  • By publishing content through myDiModa, you represent and warrant that: the downloading, copying and use of the content will not infringe the proprietary rights of any third party.
  • Simply: We respect copyrights. You should, too.

5. SECURITY

  • We care about the security of our users. While we work to protect the security of your content and account, myDiModa cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
  • Simply: You can help us fight spammers by keeping us informed of any security concerns.

6. TERMINATION

  • myDiModa may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
  • Simply`: We reserve the right to refuse service to anyone.

7. INDEMNITY

  • If you use our products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless myDiModa and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
  • More simply put: If we are sued because of something your business does on MyDiModa, you have to pay our costs.

8. DISCLAIMERS

  • The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.MyDiModa SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.MyDiModa takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
  • More simply put: Unfortunately, people post bad stuff on user-generated content sites like MyDiModa. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.

9. LIMITATION OF LIABILITY

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, MyDiModa SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL MyDiModa AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED New Zealand DOLLARS ( 100.00 NZD)
  • More simply put: We are building the best service we can for you but we can’t promise it will be perfect. We’re not liable for various things. If you think we are, let’s try to work it out like adults.
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