IDIASPORAN USER TERMS OF AGREEMENT
IDIASPORAN LLC PRIVACY POLICY

Terms of Service


Last Updated on 03/05/2017. These terms and conditions (the "Terms") govern your access to and use of IDIASPORAN website and mobile applications that link to or reference these Terms ("Site").

IDIASPORAN acts as a service that allows users who comply with IDIASPORAN policies to advertise, offer, sell and buy certain goods and services within a fixed-price format. IDIASPORAN is not directly involved in the transaction between buyers and sellers. As a result, IDIASPORAN has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. IDIASPORAN does not pre-screen users or the content or information provided by users, cannot guarantee the authenticity of claims made by users, cannot guarantee the true identity, age and nationality of a user. But we specifically outine that a seller can NOT upload , sell or Legal/illegal firearms, alcoholic beverages, non-cigarette tobacco products, e-cigarettes or prescription drugs/devices. IDIASPORAN cannot ensure that a buyer or seller will actually complete a transaction, therefore strongly encourages you to communicate directly with potential transaction partners through the tools available on the Site such as chats and refund requests . Consequently, IDIASPORA does not transfer legal ownership of items from the seller to the buyer. You therefore use IDIASPORAN services at your own risk.

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate IDIASPORAN Privacy Policy, IDIASPORAN Intellectual Property Policy, IDIASPORAN Photo Guidelines, and IDIASORAN Merchandise and Trade Agreement, and all other operating rules, policies and procedures that may be published from time to time on the Site by IDIASPORAN, each of which is incorporated by reference and each of which may be updated by IDIASPORAN from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by IDIASPORAN from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, businesses that access the Service, and users that have a page on the Service.

By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract IDASPORAN LLC, a Maryland corporation headquartered in Towson, Baltimore. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.


DEFINITIONS


Parties

"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to IDIASPORAN.


Content

"Content" means text, images, photos, audio, video, location data, products, services, events and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as profiles, business details, product information, events, services, specials, deals, ratings, comments, reviews, likes, invitations, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "IDIASPORAN" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than IDIASPORAN or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and IDIASPORAN Content.

Subject to these Terms of Use, IDIASPORAN may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services IDIASPPORAN performs for you, any applications or widgets offered by IDIASPORAN that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store, or Google Play Marketplace) authorized by IDIASPORAN, as well as the offering of any content (as described above).


CHANGES TO THE TERMS OF SERVICE

We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis, as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.


TRANSLATION

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with IDIASPORAN, and any inconsistencies among the different versions will be resolved in favor of the English version.


USING THE SITE


Eligibility

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. Individuals under the age of 18 must at all times use IDIASPORAN services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities. You are required to register with IDIASPORAN and represent, warrant and covenant that you provide IDIASPORAN with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your IDIASPORAN account. You may not access or use the Site if we have previously banned you from the Site or closed your account.


Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.


Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.


User Accounts

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. You must create an account and provide certain information about yourself in order to use the features that are offered through the Site.

You shall not:

  • Create any account for anyone other than yourself without such person's permission;
  • Use a User Name that is the name of another person with the intent to impersonate that person;
  • Use a User Name or IDIASPORAN account that is subject to any rights of a person other than you without appropriate authorization; or use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
  • Buy or Sell alcoholic beverages, non-cigarette tobacco products, e-cigarettes, legal or illegal firearms or prescription drugs/devices or anything deemed illegal by law.

IDIASPORAN reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are responsible for maintaining the confidentiality of your account password. You shall never use another user's account without such other user's prior express permission. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account or other account related security breach of which you are aware. We reserve the right to close your account at any time for any or no reason.

You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

Your account is for your personal and commercial use if you upload a business and event on our platform only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with IDIASPORAN. Please read our Privacy Policy for more information.


Communications from IDIASPORAN and other Users

By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive likes, comments, friend requests or other information regarding local businesses, events, tour packages festivals, from other Users. You can modify your privacy settings to control who you receive information from. You will also receive our regular e-mail updates and our online IDIASPORAN Newsletter. You can opt-out of non-essential communications.


CONTENT


Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. IDIASPORAN will not be liable for any errors or omissions in any Content; and IDIASPORAN cannot guarantee the identity of any other users with whom you may interact with in the course of using the Service. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by IDIASPORAN.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.


Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against IDIASPORAN and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.


Ownership

As between you and IDIASPORAN, you own Your Content. We own the IDIASPORAN Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the IDIASPORAN Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the IDIASPORAN Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the IDIASPORAN Content are retained by us.


Advertising

IDIASPORAN and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.


Other

User Content (including any that may have been created by users employed or contracted by IDIASPORAN) does not necessarily reflect the opinion of IDIASPORAN. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.


RESTRICTIONS

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • violates our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by IDIASPORAN in its sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • promotes a business or other commercial venture or event, (whether or not for profit) or otherwise use the Site for commercial purposes, such as contests, sweepstakes, barter, advertising or pyramid schemes, except in connection with a Business Account and as expressly permitted by IDIASPORAN;
  • contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of IDIASPORAN or any third party;
  • impersonates any person or entity, including any employee or representative of IDIASPORAN;
  • solicits personal information from minors, or submit or transmit pornography; or
  • violates any applicable law.
  • breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.
  • includes a photograph, IDIASPORAN Photo Guidelines shall apply. IDIASPORAN has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

You also agree not to, and will not assist, encourage, or enable others to: Violate the Terms;

  • Modify, adapt, appropriate, reproduce, distribute, translate, create, derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by IDIASPORAN;
  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
  • Reverse engineer any portion of the Site;
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
  • Record, process, or mine information about other users;
  • Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business and events reviews;
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on IDIASPORAN' technology infrastructure or otherwise make excessive traffic demands of the Site;
  • Reformat or frame any portion of the Site;
  • Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
  • Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
  • Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
  • Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.


GUIDELINES AND POLICIES


Content Guidelines

You represent that you have read and understood our Content Guidelines.


Privacy

You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.


Copyright And Trademark Disputes

Please see our Infringement Policy for information about copyright and trademark disputes.


Events

Please see our Event Terms and Conditions for information about events listed on or linked to on the Site. You represent that you have read and understood them.


IDIASPORAN PRODUCTS, SERVICES, EVENTS, BOOKINGS AND ADVERTISING AGREEMENT

If you purchase a product or service through IDIASPORAN, the terms of your purchase will be governed by the IDIASPORAN General Terms for purchasing products and services. Please review them before you make each purchase since they may change from time to time. In the event of any conflict between the IDIASPORAN General Terms for products services events and booking,the IDIASPORAN General Terms for Deals and Certificates will prevail.

Similarly, if you create a business owner's account on the Site or purchase advertising from IDIASPORAN, the IDIASPORAN Advertising Agreement will apply. In the event of any conflict between the IDIASPORAN Advertising Agreement and these Terms, the IDIASPORAN Advertising Agreement will prevail.


Card Services

Certain features of the Service and/or certain services and products made available to you through the Service may allow you to purchase services or to redeem an offer or special using your credit card (together with “Card Services”). IDIASPORAN uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. IDIASPORAN is not responsible for any error that occurs during any offer or special redemption process, including any error by the Payment Processor. In connection with your use of the Card Services, IDIASPORAN will obtain certain transaction details, which IDIASPORAN will use solely in accordance with our Privacy Policy.


SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against IDIASPORAN and its users any claims and assertions of any moral rights contained in such Feedback.


THIRD PARTIES

The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.


INDEMNITY

You agree to indemnify, defend, and hold IDIASPORAN LLC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "IDIASPORAN Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. IDIASPORAN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of IDIASPORAN. IDIASPORAN will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


DISCLAIMERS AND LIMITATIONS OF LIABILITY

Except to the extent required by law, IDIASPORAN has no special relationship with or fiduciary duty to you. You acknowledge that IDIASPORAN has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release IDIASPORAN from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. IDIASPORAN makes no representations concerning any Content contained in or accessed through the Service, and IDIASPORAN will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE IDIASPORAN AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS (I.E. IDIASPORAN “ENTITIES”) TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. THE IDIASPORAN ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE IDIASPORAN ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE IDIASPORAN ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS, METRICS OR REVIEW FILTER FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

THE IDIASPORAN ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE IDIASPORAN ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

THE IDIASPORAN ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE IDIASPORAN ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

THE IDIASPORAN ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE IDIASPORAN ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

THE IDIASPORAN ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and IDIASPORAN agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.


CHOICE OF LAW AND VENUE

Maryaland law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and IDIASPORAN (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN BALTIMORE , MARYLAND.


TERMINATION

You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing IDIASPORAN with a notice of termination here. Any fees paid hereunder are non-refundable. Please review our Privacy Policy for information about what we do with your account when terminated.

We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.


GENERAL TERMS

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.

Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure on IDIASPORAN' part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with IDIASPORAN prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

PRIVACY POLICY


IDIASPORAN LLC takes your privacy very seriously. We are committed to giving you transparency of our privacy practices and control over your data in connection with IDIASPORAN ' Service (as defined in IDIASPORAN' Terms of Service). IDIASPORAN' Terms of Use require all account owners to be at least 18 years of age (or have the permission and supervision of a responsible parent or legal guardian), therefore, this policy does not discuss use of our site or services by minors. This Privacy Policy covers IDIASPORAN' treatment of personally identifiable information ("Personal Information") and other data that IDIASPORAN gathers when you are accessing IDIASPORAN Service. To that end, in addition to this Privacy Policy, we have developed the following other documents that complement and are part of this policy, all of which describe the data we collect, how we use it, with whom we share it, and your choices regarding your data: A 'Privacy 101' page, a concise and easy to read way to learn about privacy on IDIASPORAN.

A set of FAQs related to privacy.


What Personal Information Does iDiasporan Collect?


Personal Information You Provide to Us:

We receive and store any information you enter on our Service or provide to us in any other way. The types of Personal Information collected may include your name, email address, phone number, birthday, Twitter and/or Facebook usernames, use information regarding your use of our Service, and browser information. We automatically receive your location when you use the Service. The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you and your friends see, and communicating with you about specials and new features. We may also draw upon this Personal Information in order to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new tools for the community.

You may optionally choose to provide your full name and other personal information (such as birthday, gender, location) to be publicly displayed in connection to your account and activity. Your username, iDiasporan ID or alias is publicly displayed and connected to your iDiasporan activity. Other people may see your date joined, feedback, ratings, profile information, business profile pages, events, items listed for sale, , sold item listings, products, services and comments in community spaces.

In addition if you are a Merchant or purchasing items through our Service, iDiasporan may require additional information, such as a business name, billing and payment information (including billing address, telephone number, credit card information), a telephone number, and/or a physical mailing address. As a merchant selling goods oor services on iDiasporan you choose to enable direct purchases to be made to you via our third party PCI compliant partners. iDiasporan may require information such as your social security number or tax ID, date of birth, bank account information, credit card information and/or other proof of identification in order to verify your identity and provide this service to you. Credit card information on an account may be stored and used for both billing and payment purposes. iDiasporan may contact individual business owners to confidentially request more information about their business or items listed on the site, to ensure compliance with our rules.


Information Collected Automatically:

When you use the Service, iDiasporan automatically receives and records information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and data about pages you visit on the site through the use of log files provided by our third-party tracking-utility partners and the page you requested. This information helps us analyze and understand how the site works for users and visitors, and provide a more personalized experience for users and visitors. We treat this data as non-Personal Information, except where we are required to do otherwise under applicable law. Unless otherwise stated in this Privacy Policy, iDiasporan only uses this data in aggregate form. We may provide aggregate information to our partners about how our users, collectively, use our Service, so that our partners may also understand how often people use their services and our Service.


Information We Receive from Third Parties:

We receive and store information from third parties that interact in some way with the Service or that provide services to us in connection with the Service. For example, if you redeem an iDiasporan special or purchase or sell an item by credit card through the iDiasporan ' marketplace, the credit card processor may tell us information about the redemption such as the time that your card was swiped. In addition, you may choose to use apps that share your Personal Information, activities and/or content with iDiasporan. Please read the privacy policy of any such app so that you understand its sharing practices.


How is My Information Shared?

Personal Information about our users is an integral part of our business. We neither rent nor sell your Personal Information to anyone, though, your publicly-available information is available to third parties, and we may provide it to third parties, by license or otherwise. The default user settings for all data about you that is visible to others is summarized in our Privacy FAQs, together with information on how to change the default user settings or how to generally remove information, where applicable. iDiasporan may share your Personal Information only as described in this Privacy Policy and related documents.


Friends:

Your friends can see, for example, name, email, phone number, photo, hometown, links to your Twitter and Facebook accounts (if you have connected those accounts to your iDiasporan), a list of your friends, the location and time of each of your, “Business Profiles, Events”, “Likes” items, local community, reviews or comments that you may post. Individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We therefore urge you to think carefully about including any specific information you may deem private in comments or other content (location or otherwise) that you create in the Service.


Businesses, Locations, Events and Djs Promoters, Artists , Music tracks

One of the key purposes of iDiasporan is to help its users discover African diaspora owned businesses, events, products , services, music, dj booking services, blogs and much more that are relevant to them, and for these entities to provide information about themselves, their locations and events to users, as well as to reward users when they visit their location or event through offers and specials. When you “follow” or “Like: a particular business profile , product or service that information can be shared in order for it to better provide services to you. Additionally, brands may have access to aggregated and anonymous data, such as anonymized “Like” data (that is, not tied to individual users) of users that like their brand.


Publicly Available Information, the iDiasporan API, and Apps:

When you use iDiasporan Services, certain information is public, such as your public user profile information, businesses ,events, products, services, music tracks , booking information, public photos , likes, comments likes, lists that you create and lists of friends, and may be searchable by search engines and be shared with or disclosed to third parties, including through our API to a wide range of users and services. We may also share or disclose aggregated and anonymous data, such as anonymized “Like”, customer clicks or page views data (that is, not tied to individual users), to third parties, including users of our API, for analytical or other purposes.

In addition, use of third party apps developed using our API are subject to the terms of use and privacy policies of such third party developers. Certain Personal Information may be made available to third party developers if you or your "friends" use these third party apps. You should review the policies of third party apps and websites to ensure that you are comfortable with the ways in which they use and disclose the information you share with them. We do not guarantee that they will follow our rules or our Privacy Policy. Note that your friends will also be able to see which third party apps that you use.


Agents:

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Our agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us, and they provide a comparable level of protection for your Personal Information.


Determining and Sharing Location

iDiasporan deals with location, by providing geo-tagged information about businesses, events, investments other users closest to you, therefore in order to work, iDiasporan needs to know your location. Whenever you open and use/interact with the iDiasporan app on your mobile device or go to idiasporan.com, we use the location information from your mobile device or browser (e.g., latitude and longitude) to tailor the iDiasporan experience to your current location (i.e., we'll show you a list of nearby users, businesses, events locations, friends and tips).


iDiasporan Features

The iDiasporan service includes several features that may allow you to upload share your information with others such as businesses, events, products, services and music that does not infringe on copyrights . For each of these and our other features, the information available to friends, followers and others, our default user settings, and how to alter the default settings, is available in the Privacy FAQs. Please review them carefully. Please remember that if you choose to provide personal information using certain features of the Service, that information may be available to the wider iDiasporan community, or may be published on the iDiasporan website, which is subject to indexing by third party search engines.


Find ability

You may connect directly with your email service provider or a social network account to import your contacts to iDiasporan; we do not retain the login information for your email service or social network site. You may be able to search for people you know by email address or phone number on the site or by connecting to your mobile phone's contact list via a mobile application. Finding your friends or followers on iDiasporan helps you connect with them in community features. You can follow another member's public site activity (for example: like their businesses, events , products , services , music tracks). When you begin following another member's activity, they will automatically receive an email notification or in app notifications (unless a member has opted-out of receiving this type of email).

A contact-importer feature is available to help you locate and connect with your friends and contacts who may be members of iDiasporan. If someone in your contact list is not already a member, you may invite them to join iDiasporan. Recipients of invitations may opt out of receiving future invitations by following instructions in the invitation message.

If you do not want your contacts to be able to find you on iDiasporan through your email address, phone number, or social networking connections, then you may opt-out through your account settings. It is not possible to opt-out of being found via your username.


Community

iDiasporan is both a marketplace and a community. We offer several features that allow users to connect and communicate in public or semi-public spaces, such as reviews, comments, chats recipes, and sharing of business , events, products and services pages. Please use common sense and good judgement when posting in these community spaces or sharing your personal information with others on iDiasporan. Be aware that any personal information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages. iDiasporan generally does not remove content from community spaces, and your posts may remain public after your account is closed. You are responsible for the personal information you choose to post in community spaces on iDiasporan.

Another iDiasporan user may follow your public activity on iDiasoran to receive updates, especially if they are part of your local community, for example: businesses or pages you follow or like , or if you purchase from a particular business on iDiasporan. You may choose to make certain activities private in your account settings. After a member has begun following your activity, you have the option to block that member if you do not wish to share your updates with that specific person.


Uploading Events

iDiasporan users can create upload event and sell event tickets directly to other users on the iDiasporan platform. iDiasporan strictly prohibits corporate institutions such as Banking , Insurance, Real Estate from uploading events whether from their employees who are users on iDiaspora or directly on our platform without our written consent or joining our partner program. For information on how your institutions can join our partner program and upload your events please email our customer support team.


Who do we share information with?

iDiasporan limits access to your personal information to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Examples include but are not limited to fulfilling orders, processing payments, handling billing disputes and collections, analyzing data, providing marketing assistance and providing customer service. iDiasporan may partner with third-party services for fraud prevention and/or identity verification.

As part of the buying and selling process, iDiasporan will share information between the two members involved in the transaction. You may obtain another iDiasporan member's email address, shipping address, payment information, and/or other information. As described in iDiasporan Terms of Use, you have a limited license to use this information only for iDiasporan-related communications or for iDiasporan-facilitated transactions. iDiasporan has not granted you a license to use the information for unsolicited commercial messages. Without express consent from that person, you must not add any iDiasporan member to your email or physical mailing list.

iDiasporan may release your personal information to a third-party in order comply with a subpoena or other similar legal procedure, or when we believe in good faith that such disclosure is necessary to comply with the law; prevent imminent physical harm or financial loss; or investigate or take action regarding illegal activities, suspected fraud, or violations of iDiasporan' Terms of Use. We may disclose personally identifiable information to parties in compliance with our Copyright and Intellectual Property Policy, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, iDiasporan may disclose name, address, country, phone number, email address and company name.

In addition iDiasporan is affiliated with a variety of businesses and works closely with them. These businesses may offer promotions or sell items or services to you through iDiasporan' services. iDiasporan may also provide services or sell products jointly with affiliated businesses. Due to the nature of our business model, when an affiliated business is associated with your transaction, we may share information that is related to such transaction with that affiliated business. iDiasporan may share aggregated demographic information with business partners.

Business Transfers: iDiasporan may choose to buy or sell assets. In these types of transactions, member information is typically one of the business assets that is transferred therefore information about you may be transferred if iDiasporan is acquired or merged with another company or in the unlikely event that iDiasporan goes out of business or enters bankruptcy. In this event iDiasporan will notify you by email or by putting a prominent notice on the site before information about you is transferred or becomes subject to a different privacy policy.


How will we contact you?

On occasion, iDiasporan will contact you. Primarily, messages are delivered by email, and every account is required to keep a valid email address on file to receive messages. In some situations, particularly for merchants, businesse we may contact you by telephone, SMS message or physical mail in order to provide you with information about products and features you my find of interest or to provide you with customer support. You may update your contact preferences in your account settings.

Some messages from iDiasporan are service-related and required for members. Examples of service-related messages include, but are not limited to: a welcome/confirmation email when you register your account, notification of an order, or correspondence with iDiasporan' support team. These messages are not promotional in nature. You may not opt-out of receiving service-related messages from iDiasporan, unless you close your account.

As a user, iDiasporan may also send you messages related to certain features on the site or your activity. iDiasporan may also send you news or updates about changes to our site or services. By default, members will receive these messages via email, but you may choose to opt-out of getting certain emails under your account settings.

iDiasporan offers optional email newsletters. When you register for an account, or choose to subscribe, you will receive newsletters from us. Users may subscribe or unsubscribe from optional newsletters under your account settings or by following the instructions contained in the newsletter emails. Non-members may subscribe by providing an email address, which will only be used by iDiasporan for these newsletters. Non-members may unsubscribe from newsletters by following the instructions contained in the newsletter emails.

If you do not want to receive commercial email or other mail from us, please indicate your preference during the registration process or by making a modification on your account settings page or through the 'settings' tab on our website once you're logged into the service. Please note that if you do not want to receive legal notices from us, such as notices regarding this Privacy Policy, those legal notices will still govern your use of the iDiasporan Service, and you are responsible for reviewing such legal notices for changes. We may receive a confirmation when you open an email from iDiasporan if your computer supports this type of program. iDiasporan uses this confirmation to help us make emails more interesting and helpful and improve our service.


How do I change my User Account Settings or Cancel my Account?

You can change or correct your iDiasporan account information . You may remove certain optional information you no longer wish to be publicly visible, such as your full name. If you have optionally connected your account to an external, third-party application, such as Facebook, or an app developed using the iDiasporan API, you can remove permission for the app by changing your account settings. If you no longer wish to use iDiasporan' services or receive service-related messages, then you may close your account.


How Is Information Removed From My Account?

Even after you remove information from your account or profile, copies of that information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users. iDiasporan may need to retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Removed and deleted information may remain on backup media for up to ninety (90) days prior to being deleted from our servers.


How are Cookies and Similar Technologies used?

iDiasporan uses a variety of technologies like cookies, pixels and local storage (on your browser or device), on our website, in our emails, and identifiers supplied by app platform companies within our apps to help us better understand how people use our site and services. We may work with advertisers or other partners and advertising service providers to serve ads or services to computers, mobile phones or other devices, which may use a cookie, pixel or other similar technology placed by iDiasporan or the third party (although we would not share any other information that identifies you with an advertiser). iDisaporan does not have access or control over these third-party technologies, and they are not covered by our privacy statement. You can control cookies through your browser settings and other tools. Please refer to our in-depth Cookies & Tracking Technologies page for more details about the types of technology we use and why. By continuing to use our Service through your computer or mobile device, you consent to our use of cookies, pixels and local storage in accordance with this Privacy Policy and iDiasporan' Cookie Policy.


How do you make sure my information is secure?

The security of your personal information is important to us. Your iDiasporan account information is protected by encrypted password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services. iDiasporan encrypts sensitive information (such as credit card number) using secure socket layer technology (SSL) and PCI compliant services . iDiasporan follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once iDiasporan receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. iDiasporan offers optional advanced security settings for members, such as two-factor authentication for signing in, full-site SSL, you can enable these options under your account settings.


Privacy Policy Changes

iDiasporan reserves the right to modify this privacy statement at any time, so please review it periodically. We'll communicate changes by posting a notice on the site. If we make material changes to this policy you will be notified here, by email, or other places iDiasporan deems appropriate. If you have any questions or concerns please contact us via email at privacy@uzaanetworks.com


International Users

If you are located outside of the United States, please note that this site is hosted on our computer servers in the United States. Therefore, your information may be processed and stored in the United States. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. Your use of this site or the Service or your submission of any Personal Information to us will constitute your consent to the transfer of your Personal Information outside of your home country, including the United States, which may provide for different data protection rules than in your country.

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