Definitions The meanings of capitalised terms used in these terms of service are set out below.
Terms & meaning
Content - Has the meaning given in clause 6(a).
Data - Has the meaning given in clause 10(a).
Data Analytics - Has the meaning given in clause 10(b).
End User - Has the meaning given in clause 12.
Feedback - Has the meaning given in clause 11(b).
Intellectual Property Rights - All industrial and intellectual property rights throughout the world, including all copyright and analogous rights, all rights in relation to inventions or discoveries (including patent rights), designs, registered and unregistered trade marks (including service marks), trade names, brand names, indications of source or appellations of origin, know-how, software, circuit layouts and all other rights throughout the world resulting from intellectual activity in the industrial, scientific or artistic fields.
Jurisdiction Specific Terms - The terms in clause 18.
Diktionary Content - Has the meaning given in clause 9(f).
Diktionary Service - The service, delivered by us through the Website (or by any other means from time to time, including an application), that allows you to create a Page.
Page - A personalised and easily-customizable page that houses your Content, including all the important links you want to share with your audience.
Privacy Policy - Our privacy policy, available here (insert URL here)
We/our/us - Diktionary Ltd.
Website - The website located at www.Diktionary
In these terms of service:
you agree to be bound by these terms of service.
you confirm that you can form a binding contract with us, that you accept these terms of service and that you agree to comply with them.
the Content is yours (you own it) or you have the right to use it and grant us the rights and licence as provided in these terms of service; and
the posting of your Content on or through the Diktionary Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you agree that:
the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy. In some circumstances, Content which in one country would not infringe the previous requirements could do so in another country (and we reserve the right to take whatever action we think necessary in such circumstances including removing Content or restricting access to the Diktionary Service);
the Content will not be misleading or deceptive, be intended or designed to misinform, would be likely to misinform a reasonable person, and that you will not represent as fact something which is false;
the Content will not be unsolicited, undisclosed or constitute unauthorised advertising or endorsements of any product;
the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and
the Content does not and is unlikely to bring us or the Diktionary Service into disrepute.
Your access to and use of the Diktionary Service is subject to these terms of service and all applicable laws and regulations. We are also committed to ensuring that the Diktionary Service is safe for all users and does not provide a platform for inappropriate Content or user behaviour. Where there is any genuine and reasonable allegation from a third party (including any law enforcement agency) that your conduct may have breached these terms of service, we reserve the right to cooperate with that third party
With this in mind, you must not:
files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
any information that in Diktionary’s opinion constitutes unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “multi-level marketing”, “chain letters”, “pyramid schemes”, or any prohibited form of solicitation;
any private information of any third party, including addresses, phone numbers, email addresses, number and feature in a personal identity document (e.g. National Insurance numbers, passport numbers) or credit card numbers, other than to us as contemplated in the Privacy Policy;
any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
any material which is defamatory of any person, or obscene, offensive, hateful or inflammatory;
any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
any material that contains a threat of any kind, including threats of physical violence;
any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Diktionary Service, or which may expose us, the Diktionary Service or our users to any harm or liability of any type.
only use such Diktionary Content on your Page and not anywhere else;
comply with any reasonable written guidelines or terms, which may be the guidelines or terms of a third party, in relation to the Diktionary Content that we provide to you.
we have no obligation to review, consider, or implement your Feedback or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are under no obligation to keep any Feedback you send confidential or to refrain from using or disclosing it any way; and
you irrevocably grant us a perpetual irrevocable transferable worldwide royalty free licence to reproduce, distribute, create derivative works of, modify, perform, communicate to the public, make available, display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction.
Your Page may have its own visitors and customers (End Users). The way in which the End Users use and interact with your Page and your Content (as distinct from our obligations to you in these terms of service in respect of the Diktionary Service itself) is solely your responsibility. This responsibility includes compliance with all laws and regulations in relation to End Users, and the supply of products and services (if any) to End Users.
only use such Diktionary Content on your Page and not anywhere else;
comply with any reasonable written guidelines or terms, which may be the guidelines or terms of a third party, in relation to the Diktionary Content that we provide to you.
1the Diktionary Service will function uninterrupted or securely, or be available at any particular time or location;
any errors or defects will be corrected;
the Diktionary Service is free of viruses or other harmful components; or
the results of using the Diktionary Service will meet your requirements.
Laws may apply to you or to us as a result of your specific location. If this is the case, and if those laws are inconsistent with any part of these terms, those laws will prevail to the extent of the inconsistency.