1. ACCEPTANCE
DIASPORAN “D” welcomes you. DIASPORAN “D” provides its service to you subject to this Terms of Use Agreement (“Agreement”), which may be updated by us from time to time without notice to you. In addition, when using any DIASPORAN “D” owned or operated service, you are subject to all posted guidelines, different terms of use and rules applicable to such service which will be posted on this web site from time to time. All such guidelines, terms of use or rules are hereby incorporated by reference into this Agreement.
You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and abide by all of its provisions. Your use of this web site is subject to your acceptance of this Agreement. If you do not accept the terms and conditions of this agreement, you may not enter this web site.
2. DESCRIPTION, COMMUNICATION, AND ACCESS
DIASPORAN “D” provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content, and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You understand and agree that the Service may include advertisements and that these advertisements are necessary for DIASPORAN “D” to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of any new DIASPORAN “D” service, shall be subject to this Agreement.
You also understand and agree that the Service may include certain communications from DIASPORAN “D”, such as service announcements, administrative messages and the DIASPORAN “D” Newsletter. You understand and agree that these communications are considered part of DIASPORAN “D” membership, and, with the exception of the Newsletter, you will not be able to opt out of receiving them while you have a DIASPORAN “D” account.” DIASPORAN “D” may, at its option, provide you with notices, either by email, regular mail, or postings on the Service. If you desire to withdraw your consent to receive any such communication, you must immediately discontinue your use of this Service and delete your DIASPORAN “D” account.
You are solely responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent and warrant you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Australia, or any other jurisdiction. You also agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if DIASPORAN “D” has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, DIASPORAN “D” has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DIASPORAN “D” is concerned about the safety and privacy of all its users, particularly children. When you create a DIASPORAN “D” account and add your child to the account, you certify that you are at least 18 years old and that you are the parent or legal guardian of the child/children listed on the DIASPORAN “D” account. By adding a child to your DIASPORAN “D” account, you also give your child permission to access many of the Services including, but not limited to email, message boards, and instant messaging (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the parent or legal guardian, it is your sole responsibility to determine whether any of the Services and/or Content (as defined below) are appropriate for your child.
4. DIASPORAN “D” PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at https://thediasporand.com/privacy-policy/. You understand through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by DIASPORAN “D” and its advertisers and business affiliates.
5. YOUR ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are solely responsible for maintaining the confidentiality of your password and account and are solely responsible for all activities that occur under your password or account. You agree to (i) immediately notify DIASPORAN “D” of any unauthorized use of your password, account designation or any breach of security or this Agreement, and (ii) assume sole responsibility for ensuring that you exit from your account at the end of each session. In no event shall DIASPORAN “D” be liable for any loss or damage arising from your failure to comply with this Agreement.
6. YOUR CONDUCT
You understand that all information, including without limitation, all data, text, software, music, sound, photographs, graphics, video, messages, or other materials (collectively “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not DIASPORAN “D”, are solely responsible for all Content you upload, post, email, transmit or otherwise make available via the Service. Except otherwise specified in this Agreement, you do not receive any license, right or ownership right to any Content not created by you.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or illegal; contribute to the harm or detriment of any minor; impersonate any person or entity, including, but not limited to, a DIASPORAN “D” employee or agent, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available or use any Content you do not have a right to make available under any law or under contractual or fiduciary relationships ( including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available or use any Content that infringes any patent, trademark, trade secret, copyright or any other proprietary or intellectual property right (“Rights”);
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; upload, post, email, transmit or otherwise make available any material that contains any software virus, any other malicious data or computer code, file or program designed to interrupt, destroy, limit or otherwise interfere with the performance or functionality of any computer software, hardware, telecommunication equipment, or the property of any person;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Service, computer server or network connected to the Service, or disobey any requirement, procedure, policy or regulation of any network connected to the Service;
violate any applicable local, state, national or international law, including, but not limited to, U.S. export laws and regulations, any rule or regulation of the U.S. Securities and Exchange Commission, or any rule or regulation of any national or other securities exchange, including, without limitation, the European Union, New York Stock Exchange, the American Stock Exchange, the NASDAQ or Ghana Stock Exchange; provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Ghanaian government and their laws pursuant thereof or United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or any other law; “stalk” or otherwise harass another; collect or store personal data about other users, and; unless you enter into a separate agreement with DIASPORAN “D”, use this Service to advertise, market or sell any product or service.
You acknowledge, consent and agree DIASPORAN “D” may access, preserve, and disclose your account information and Content if required to do so by law or on good faith belief that any such access, preservation, or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce this Agreement; (iii) respond to any claim that any Content violates the right of any third party; (iv) respond to your requests for customer service; or (v) protect any right, property, or business interest of DIASPORAN “D”, its advertisers, users or the public.
You understand the Service may include security components that permit digital materials to be protected, and use of these security components is subject to usage rules set by DIASPORAN “D” and/or content providers to the Service. You may not attempt to override, disable, modify, or circumvent any of the usage rules embedded in the Service.
7. INTERNATIONAL
Recognizing the global nature of the Internet, you agree to comply with all governmental and international laws, rules, and regulations, including, but not limited to, any law regarding Internet conduct, privacy, or acceptable Content, and European Union Directives.
8. CONTENT SUBMITTED OR MADE AVAILABLE
DIASPORAN “D” does not control the Content posted on the Service, guarantee the accuracy, integrity, or quality of any Content, or endorse any Content. You agree and acknowledge that by using the Service, you may be exposed to Content that you believe is offensive, indecent, or objectionable. Under no circumstances will DIASPORAN “D” be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Service.
You agree and acknowledge DIASPORAN “D” does not pre-screen Content, but DIASPORAN “D” has the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content on the Service. Without limiting the foregoing, DIASPORAN “D” shall have the right to remove any Content that violates this Agreement or is otherwise, in DIASPORAN “D”’ sole discretion, offensive, illegal or objectionable. You agree and acknowledge you are solely responsible for evaluating, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You further agree and acknowledge you should not rely on any Content created by DIASPORAN “D” or submitted to DIASPORAN “D”, including without limitation information in DIASPORAN “D” Message Boards, and in all other parts of the Service.
DIASPORAN “D” does not claim ownership of data you submit or make available for inclusion on the Service. For any Content you submit or make available on the Service, you hereby grant DIASPORAN “D” an irrevocable, world-wide, royalty free, perpetual, and non-exclusive right and license(s), to use, display, modify, distribute, reproduce, adapt, publicly perform, or publicly display any and all such Content as DIASPORAN “D” deems fit.
9. INDEMNITY
You unconditionally represent, warrant, and covenant to indemnify, defend, and hold harmless DIASPORAN “D”, and its subsidiaries, affiliates, officers, directors, employees, suppliers, agents, advertisers, and co-branders, from any lawsuit, claim, demand or judgment, including reasonable attorneys’ fees, made by any third party as a result of or arising out of any Content you submit, post, transmit or make available through the Service, your use of the Service, your network connection to the Service, any violation by you of this Agreement, or any violation by you of any other party’s right.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purpose, any of the Service, in whole or in part, (including your DIASPORAN “D” I.D.), use of the Service, or access to the Service.
11. NO COMMERCIAL USE OF INFORMATION GATHERED FROM DIASPORAN “D”
You agree that you will not use, copy, modify, display, or create derivative works from information gathered from DIASPORAN “D” by any means for any commercial use or other unauthorized use. You agree that you will not use any robot, spider, other automated device, or manual process to gather information from DIASPORAN “D” for any commercial use or for any other unauthorized use. You agree that, by using a robot, spider, automated device, or manual process to access the DIASPORAN “D” website, you accept this Terms of Use Agreement.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that DIASPORAN “D” may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on DIASPORAN “D”’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that DIASPORAN “D” has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that DIASPORAN “D” reserves the right to delete any account that is inactive for an extended period of time. You further acknowledge that DIASPORAN “D” reserves the right to modify general practices and limits from time to time without notice to you.
13. MODIFICATION OF SERVICE
DIASPORAN “D” reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. You agree that DIASPORAN “D” shall not be liable to you for any modification, suspension or discontinuance of any Service or part thereof.
14. SUSPENSION AND TERMINATION
You agree and acknowledge DIASPORAN “D” may, without notice, suspend or terminate your DIASPORAN “D” account, any associated email address, and your access to the Service. Cause for any such suspension or termination shall include, but not be limited to, (i) any breach or violation of this Agreement, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification to the Service (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) your engagement in any fraudulent or illegal activity, and/or (viii) nonpayment of any fees owed by you in connection with the Service. Suspension or termination of your DIASPORAN “D” account includes (i) removal of access to all offerings within the Service, including but not limited to DIASPORAN “D” directories, classifieds, mail, personals, marketplace, message boards, alerts, and games, (ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) discontinuance of your use of the Service. You agree any suspension or termination shall be made in DIASPORAN “D”’ sole discretion and DIASPORAN “D” shall not be liable to you or any third-party for any suspension or termination of your account, any associated email address, or access to the Service.
15. DEALINGS WITH ADVERTISERS AND THIRD PARTIES
Your contact, correspondence, or business dealings with any advertiser or any third party found on or through the Service, including without limitation payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with any such dealing, are solely between you and the advertiser or third party. You agree that DIASPORAN “D” shall not be responsible or liable for any loss or damage of any sort resulting from or related to any such contact, correspondence, or business dealings.
16. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DIASPORAN “D” has no control over such sites and resources, you acknowledge and agree that DIASPORAN “D” is not responsible for any such link, external site, or resource, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such link, external site, or resource. You further acknowledge and agree that DIASPORAN “D” shall not be responsible or liable, directly, or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, or other materials available on or through any such link, external site, or resource.
17. DIASPORAN “D”’ PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by intellectual property rights and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual rights and laws.
DIASPORAN “D” grants you a personal, non-transferable, non-exclusive, revocable right and license to use the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface or Software that is provided by DIASPORAN “D” for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE AND ACKNOWLEDGE YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIASPORAN “D” EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
DIASPORAN “D” DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION OR RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, OR (vi) ANY ADVICE, INFORMATION, SERVICE OR GOOD ADVERTISED IN, OFFERED BY OR RECEIVED FROM THE SERVICE OR ANY LINK PROVIDED BY THE SERVICE IS COMPLETE, ACCURATE, RELIABLE OR ERROR-FREE.
ANY MATERIAL DOWNLOADED, OTHERWISE OBTAINED OR USED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM RELATING TO OR RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY HARM, DAMAGE, LOSS OR INJURY TO YOUR COMPUTER SYSTEM, NETWORK, OR OTHER PROPERTY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE.
19. LIMITATION OF LIABILITY
YOU UNCONDITIONALLY AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL DIASPORAN “D” BE LIABLE FOR ANY DIRECT LOSS, DAMAGE OR INJURY WHETHER THE LOSS, DAMAGE OR INJURY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY LAW, OR OTHER THEORY, EVEN IF DIASPORAN “D” HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS, DAMAGE OR INJURY, INCLUDING WITHOUT LIMITATION, ANY LOSS, DAMAGE OR INJURY RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON THE SERVICE OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSION OF DAMAGES
IN NO EVENT SHALL DIASPORAN “D” BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, WHETHER THE ALLEGED DAMAGE IS BASED ON CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY LAW, INCLUDING, WITHOUT LIMITATION, (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON THE SERVICE OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE EVEN IF DIASPORAN “D” HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS, DAMAGE OR INJURY.
IN NO EVENT SHALL DIASPORAN “D”’ AGGREGATE LIABILITY FOR ANY CLAIM OR DAMAGE OF ANY NATURE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO DIASPORAN “D” FOR THE SERVICE GIVING RISE TO THE CLAIM FOR THE ONE (1) YEAR PERIOD OF TIME IMMEDIATELY PRECEDING THE DATE DIASPORAN “D” IS GIVEN WRITTEN NOTICE OF ANY CLAIM.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
22. SERVICES RELATING TO FINANCIAL MATTERS
No Content included in the Service is intended for any type of stock, bond, or securities trading or any other financial or investment purposes. DIASPORAN “D” shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service and shall not be responsible or liable for any trading or investment decisions made based on such information. Any advice contained in any Service regarding tax matters was not intended or written to be used, and it cannot be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer.
23. NO THIRD-PARTY BENEFICIARIES
You agree you shall not have any third-party beneficiary to this Agreement.
24. TRADEMARKS
DIASPORAN “D”, DIASPORAN “D” LOGO, DIASPORAN “D”.COM, DIASPORAN “D” GROUPS, and all other design marks and slogans are trademarks, service marks, or intellectual property of DIASPORAN “D” (“DIASPORAN “D” Marks”). All other product and service marks contained in the Service are the trademark, service mark or intellectual property of their respective owner. You may not use any DIASPORAN “D” Mark or any third-party trademark, service mark or intellectual property without the prior written consent of DIASPORAN “D” or the applicable owner.
25. INTELLECTUAL PROPERTY INFRINGEMENT
DIASPORAN “D” respects the intellectual property of others, and we require our users to do the same. DIASPORAN “D” may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of any user that infringes or threatens to infringe upon any intellectual property right. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please email DIASPORAN “D”’ Copyright department at info@diasporand.com for an address to send a signed hardcopy letter with the following information: (i) your name, address, telephone number, and email address; (ii) a description of the copyrighted work or other intellectual property you claim has been infringed; (iii) a description of the material you claim is infringing, including its location on the Service; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in your letter is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
26. ABOUT THIS AGREEMENT
This Agreement is the complete and exclusive agreement between DIASPORAN “D” and you regarding this subject matter and supersedes all prior agreements and all communications, whether written or oral, between the parties. This Agreement may be amended, changed, or revised by DIASPORAN “D” without notice. Any such amendment, change or revision will be posted on this web site by DIASPORAN “D”. You agree to monitor this web site for any amendment, change or revision, and to be bound by any such amendment, change or revision. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of DIASPORAN “D”. A waiver of any violation or failure to enforce any provision of this Agreement by DIASPORAN “D” shall not constitute a waiver of any rights with respect to this Agreement.
The validity, construction, interpretation, and performance of this Agreement shall be governed and construed by the laws of the United States, exclusive of its rules regarding conflicts of law. Any suit or cause of action with respect to this Agreement may only be brought in the United States. The United Nations Convention for the Sale of Goods shall not apply to this Agreement. English shall be the governing language of this Agreement.
All terms and conditions of this Agreement are severable. If any term or provision, or any portion thereof, of this Agreement is held to be invalid, illegal, or unenforceable, the remaining portions shall not be affected. Section headings are intended for convenience only and shall not be used in the interpretation of this Agreement.
You agree any claim or cause of action you may have arising out of this Agreement or related to use of the Service must be filed within one (1) year after the date of the damage, loss or injury giving rise to any such claim or cause of action or your claim or cause of action will be forever barred.
In no event shall DIASPORAN “D” be liable to you or any other party for any damage, loss, or injury beyond the reasonable control of DIASPORAN “D”, including, without limitation, any strike, stoppage in labor, riot, fire, flood, ice, invasion, civil war, insurrection, blockades, embargoes, sabotage, epidemics, explosions, military or usurped power, order of any court granted in any bona fide adverse legal proceeding or action, or order of any civil or military authority, including orders of governmental and administrative agencies which conflict with the terms of this Agreement, or acts of God or public enemies.
Sections 6 through 25 and all other provisions which by their nature may reasonably be interpreted to survive the expiration or termination of this Agreement shall survive any expiration or termination of this Agreement.
27. VIOLATIONS
Please report any violation of this Agreement to our Customer Care group by writing to info@thediasporand.com
28. Pricing Terms and Conditions
DIASPORAN “D” Paid Accounts DIASPORAN “D” accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which services you select. If any fee is not paid in a timely manner, or DIASPORAN “D” is unable to process your transaction using the credit card information provided, DIASPORAN “D” reserves the right to revoke any and all services provided and cancel your account. If your account is canceled by DIASPORAN “D” due to non-payment, additional fees may be required to reinstate your account including collection charges, late fees, and/or other additional service-related fees necessary to reestablish your account.
Billing
The fees for your Account will be billed from the date you choose a product and on each monthly or yearly renewal thereafter unless and until you cancel your account. DIASPORAN “D” will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of services. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. DIASPORAN “D” may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. DIASPORAN “D” may change the fees and charges in effect or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by contacting us. If your credit card reaches its expiration date, your continued use of DIASPORAN “D” constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Canceling Your Account
Your DIASPORAN “D” Account will continue in effect unless and until it is terminated by DIASPORAN “D” or you cancel your Account. You must cancel your Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. DIASPORAN “D” will bill the monthly or yearly fees associated with your Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information). DIASPORAN “D” Accounts are prepaid and are non-refundable. DIASPORAN “D” DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your DIASPORAN “D” Account at any time and cancellation will be effective immediately. If you wish to cancel your Account, you may do so by contacting us via email at info@thediasporand.com. Should you elect to cancel your Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees. By signing up for a DIASPORAN “D” Account and providing DIASPORAN “D” with your payment account information, you hereby agree to these payment terms and conditions.