Dibzy, LLC (“Dibzy”, “us” or “we” or “our”) owns and operates a unique product development site designed for use by inventors and product innovators. Dibzy offers access to a variety of services through the Dibzy Website (as defined below) and related online features and applications (any and all such services, features, applications and information provided on or through the Dibzy Website shall be collectively referred to herein as the “Services”). The purpose of this Terms of Use Agreement (“Agreement”) is to set forth the terms under which you agree to be bound while visiting our website and/or using our Services. If after reading this Agreement you do not agree with its terms or you do not understand them, then you are not authorized to use the Services and if you have already begun using the Services, you should discontinue using them immediately.
This Agreement includes Dibzy’s policy for acceptable use of the Services and content submitted via www.getdizby.com (including its various sub-pages) (the “Dibzy Website”) or by email, your rights, obligations and restrictions regarding your use of the Services, and Dibzy’s privacy policy. We may modify this Agreement from time to time; if we do, we will post the new version of this Agreement on the Dibzy Website. You are advised to check for new versions of this Agreement from time to time by clicking the appropriate link on the Dibzy Website, and unless you notify us in writing otherwise within three (3) days of such new Agreement being posted to the Dibzy Website, you agree to be bound to any and all new versions of this Agreement effective as of the date any such modification is posted.
The Dibzy Website is owned and operated by Dibzy, LLC, which is solely responsible for its operation. Dibzy® is a registered trademark of Dibzy, LLC.
We reserve the right to reject, refuse or remove anything posted, uploaded, created, sent or received by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. Dibzy expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Services if Dibzy determines, in its sole discretion, that you pose a threat to Dibzy and/or its users.
In order to use the Services, the information you submit must be truthful and accurate. You also must be 18 years of age or older in order to use the Services. You may not use the account, username, or password of another user at any time. You acknowledge that the use of the Dibzy Website may constitute or result in a bar to patentability of inventions.
You agree that we may provide notices to you via an email sent to an address you provided. You agree to keep your contact information up to date.
You agree that in the event you and Dibzy decide to take further steps in the development of an invention, you and Dibzy will memorialize the terms of your relationship via an Inventor’s Agreement, which will supersede and replace this this Terms of Use Agreement
You may choose to post certain text, files, images, photos, video, sounds, musical works, works of authorship, or other materials to the Services. By doing so, you grant to Dibzy a license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Services. With regard to any content posted on the Services, you represent and warrant that:(i) you own the content or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We reserve the right to delete any content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
Content that
- Solicits personal information from anyone under 18;
- Provides any telephone numbers, street addresses, last names, URLs or email addresses without the permission of their owner;
- Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- Includes a photograph of another person that you have posted without that person’s consent, may not be posted on or through the Services.
Activities such as
- Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
- Attempting to impersonate another user or person;
- Using the account, username, or password of another user at any time or permitting any third party to access your account;
- Selling or otherwise transferring your profile;
- Using any information obtained from the Services in order to harass, abuse, or harm another person; or
- Using the Services in a manner inconsistent with any and all applicable laws and regulations, are not permitted.
Dibzy is not responsible for any incorrect or inaccurate content posted on the Dibzy Website or in connection with the Services. Profiles created and posted on the Dibzy Website may contain links to other websites, and we are not responsible for the content, accuracy or opinions expressed on such websites. Under no circumstances shall Dibzy be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at any Dibzy event, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and Dibzy expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Dibzy cannot guarantee and does not promise any specific results from use of the Services.
IN NO EVENT SHALL DIBZY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DIBZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIBZY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DIBZY FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
You agree to indemnify and hold Dibzy, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Dibzy Website or through the Services causes Dibzy to be liable to another.
This Agreement shall be deemed to have been executed in Cincinnati, Ohio, and governed by and construed in accordance with the internal substantive and procedural laws of the State of Ohio without regard to conflict of laws principles. All disputes arising out of or relating in any way to this Agreement shall be brought solely in the state or federal courts located in Cincinnati, Ohio. You consent to the personal jurisdiction and venue of such courts, expressly waive any objection to such jurisdiction and venue, and further consent that any process, notice of motion or other application to such courts or a judge thereof may be served outside the State of Ohio by registered or certified mail or by personal service, provided that a reasonable time for appearance is allowed.
This Agreement is accepted upon your registration and/or use of the Dibzy Website or any of the Services. This Agreement constitutes the entire agreement between you and Dibzy regarding the use of the Services. The failure of Dibzy to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions
