In order to use DialogTime you must first read and accept the terms of this license and confirm your acceptance of the terms of this license by checking the Terms of Service agreement field on the DialogTime register screen. If you are below the age of 18 years you are only eligible to use DialogTime if your parent or guardian reads and accepts the terms of this license and confirms his/her acceptance of the terms of this license by checking the Terms of Service agreement field on the DialogTime registration screen.
DialogTime offers a communication service to provide groups the opportunity to share comments with each other through the use of a threaded discussion board system. It is the intention of DialogTime to offer this service as a way to empower groups of people to interact with each other around important ideas and concepts of interest to the group. You are encouraged to create DialogGroups, post content and react to the ideas of others. However, it is important that you understand by using DialogTime you are agreeing to the following conditions:
By using DialogTime you agree to the following:
I agree that I will not use the services offered by DialogTime to post copyrighted, illegal, questionable, offensive, or obscene materials.
I recognize that DialogTime and its affiliates have no opportunity to review the contents of user's posts, to remove or edit such content, and does not regularly review posted content.
I agree that DialogTime has the right (but not the obligation) to remove or edit such content.
I agree to indemnify and hold DialogTime, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content I submit, post, transmit or make available through the Service, my use of the Service, my connection to the Service, my violation of these Terms Of Service, or my violation of any rights of another.
My correspondence or business dealings with, or participation in promotions of, advertisers found on or through DialogTime, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between me and such advertiser. I agree that DialogTime shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the DialogTime.
I agree that by entering or otherwise using the DialogTime site, I assume all liability for all posted content and also assume all responsibility for any claims arising thereof made against DialogTime and all associated parties.
I EXPRESSLY UNDERSTAND AND AGREE THAT:
a. MY USE OF THE SERVICE IS AT MY SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIALOGTIME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. DIALOGTIME MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET MY 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, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY ME THROUGH THE SERVICE WILL MEET MY EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MY OWN DISCRETION AND RISK AND THAT I WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ME FROM DIALOGTIME OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
I understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that I,and not DialogTime, am entirely responsible for all Content that I upload, post, email, transmit or otherwise make available via DialogTime. DialogTime does not control the Content posted via DialogTime and, as such, does not guarantee the accuracy, integrity or quality of such Content. I understand that by using DialogTime, I may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DialogTime be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via DialogTime.
I understand that by using DialogTime I am responsible for maintaining the confidentiality of my account and password and for restricting access to my computer, and I agree to accept responsibility for all activities that occur under my account or password.
I agree that DialogTime, in its sole discretion, may terminate my password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, lack of use or if DialogTime believes that I have violated or acted inconsistently with the letter or spirit of the Terms Of Service. DialogTime may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. I agree that any termination of my access to the Service under any provision of this Terms Of Service may be effected without prior notice, and acknowledge and agree that DialogTime may immediately deactivate or delete my account and all related information and files in my account and/or bar any further access to such files or the Service. Further, I agree that DialogTime shall not be liable to me or any third-party for any termination of my access to the Service.
I agree to not use DialogTime to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a DialogTime official, group coordinator, forum leader, guide or host, or falsely state or otherwise misrepresent my affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through DialogTime;
e. upload, post, email, transmit or otherwise make available any Content that I do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. 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;
h. upload, post, email, transmit or otherwise make available any material that 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of DialogTime are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in the exchange of information and ideas;
j. interfere with or disrupt DialogTime or servers or networks connected to DialogTime, or disobey any requirements, procedures, policies or regulations of networks connected to DialogTime;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
DialogTime and any of its associated parties reserve the right to make changes and/or updates to the Terms of Service at any time without notifying users. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Please send any concerns regarding DialogTime and/or its policies to
TOS@DialogTime.com.
