This website ("Web Site") is offered to you by the Digital Illumination Interface Alliance (“DiiA”).
The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.
1. ACCEPTANCE OF TERMS OF USE
By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site.
2. MODIFICATION OF TERMS
These Terms of Use may be amended by DiiA at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. DiiA reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. DiiA reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
3. PRIVACY POLICY
Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with DiiA' Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Web Site.
4. DISCLAIMERS
ALL CONTENT AND USER CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". DIIA HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. DiiA does not warrant or make any representation that
(i) the Web Site will meet your requirements,
(ii) the Web Site will be uninterrupted, timely, secure, or error free, or
(iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
DiiA shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by DiiA are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
5. REGISTRATION
Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register. When you register, you must choose a unique user name or "handle" and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your submitted content to the Web Site or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by e-mail. We may, at our own discretion, bar registration from any specific e-mail service or ISP.
6. INDEMNITY
You agree to indemnify and hold DiiA and its affiliates, officers, directors, agents, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
7. INTELLECTUAL PROPERTY RIGHTS
Except as expressly authorized by DiiA or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software DiiA discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
"DiiA Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations DiiA uses in connection with its products and services. You agree to comply with the DiiA Trademark and Logo Usage Requirements. You may not remove or alter any DiiA Trademarks, or co-brand your own products or material with DiiA Trademarks, without DiiA's prior written consent. You acknowledge DiiA's rights in DiiA Trademarks and agree that any use of DiiA Trademarks by You shall inure to DiiA's sole benefit. You agree not to incorporate any DiiA Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by DiiA on this Website provided that:
(a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content;
(b) the use of such Content is solely for personal and non-commercial use;
(c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and
(d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 10.4. Upon termination, You must immediately destroy any downloaded and/or printed Content.
8. LIMITATION OF LIABILITY
8.1 TO THE FULL EXTENT PERMITTED BY LAW, DiiA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF DiiA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO:
(a) THE USE OF OR THE INABILITY TO USE THE WEBSITE;
(b) 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 WEBSITE;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR
(d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
8.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
9. GENERAL TERMS
9.1 The Terms constitute the entire agreement between You and DiiA relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized DiiA representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use DiiA or third-party products or services.
9.2 You agree that any material breach of the Terms will result in irreparable harm to DiiA for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, DiiA will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if DiiA seeks such an injunction.
9.3 Content and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall:
(a) obtain any export, reexport, or import authorizations required by U.S. or your local laws;
(b) not use Content or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and
(c) not provide Content or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.
9.4 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
9.5 The Website may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities. These forward-looking statements are just predictions and involve risks and uncertainties.
9.6 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.