[ Terms & Conditions ]
Updated on January 4th, 2022
General Terms
By accessing and placing an order with The Diaspora Initiative (TDI), you confirm that you
are in agreement with and bound by the terms of service contained in the Terms & Conditions
outlined below. These terms apply to the entire website and any email or other type of
communication between you and The Diaspora Initiative (TDI).
By accessing and placing an order with The Diaspora Initiative (TDI), you confirm that you
are in agreement with and bound by the terms of service contained in the Terms & Conditions
outlined below. These terms apply to the entire website and any email or other type of
communication between you and The Diaspora Initiative (TDI).
Under no circumstances shall The Diaspora Initiative (TDI) team be liable for any direct,
indirect, special, incidental or consequential damages, including, but not limited to, loss of data
or profit, arising out of the use, or the inability to use, the materials on this site, even if The
Diaspora Initiative (TDI) team or an authorized representative has been advised of the
possibility of such damages. If your use of materials from this site results in the need for
servicing, repair or correction of equipment or data, you assume any costs thereof.
The Diaspora Initiative (TDI) will not be responsible for any outcome that may occur during
the course of usage of our resources. We reserve the rights to change prices and revise the
resources usage policy in any moment.
License
The Diaspora Initiative (TDI) grants you a revocable, non-exclusive, non-transferable, limited
license to download, install and use the website strictly in accordance with the terms of this
Agreement.
These Terms & Conditions are a contract between you and The Diaspora Initiative a.s.b.l.
(TDI) (referred to in these Terms & Conditions as “The Diaspora Initiative (TDI)”, “us”, “we”
or “our”), the provider of the The Diaspora Initiative (TDI) website and the services accessible
from the The Diaspora Initiative (TDI) website (which are collectively referred to in these
Terms & Conditions as the “The Diaspora Initiative (TDI) Service”).
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms
& Conditions, please do not use the The Diaspora Initiative (TDI) Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you
violate any of these Terms & Conditions, we reserve the right to cancel your account or block
access to your account without notice.
Definitions and key terms
To help explain things as clearly as possible in this Terms & Conditions, every time any of
these terms are referenced, are strictly defined as:
- Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
- Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to The Diaspora Initiative a.s.b.l, (Luxembourg), that is responsible for your information under this Terms & Conditions.
- Country: where The Diaspora Initiative (TDI) or the owners/founders of The Diaspora Initiative (TDI) are based, in this case is Luxembourg
- Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit The Diaspora Initiative (TDI) and use the services.
- Service: refers to the service provided by The Diaspora Initiative (TDI) as described in the relative terms (if available) and on this platform.
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
- Website: The Diaspora Initiative (TDI)’s site, which can be accessed via this URL: diasporainitiative.org
- You: a person or entity that is registered with The Diaspora Initiative (TDI) to use the Services.
Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of The Diaspora Initiative (TDI) or its affiliates, partners, suppliers or the licensors of the website.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”)
provided by you to The Diaspora Initiative (TDI) with respect to the website shall remain the
sole and exclusive property of The Diaspora Initiative (TDI).
The Diaspora Initiative (TDI) shall be free to use, copy, modify, publish, or redistribute the
Suggestions for any purpose and in any way without any credit or any compensation to you.
Your Consent
We’ve updated our Terms & Conditions to provide you with complete transparency into what
is being set when you visit our site and how it’s being used. By using our website, registering
an account, or making a purchase, you hereby consent to our Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services. The Services may contain links to other
websites not operated or controlled by The Diaspora Initiative (TDI). We are not responsible
for the content, accuracy or opinions expressed in such websites, and such websites are not
investigated, monitored or checked for accuracy or completeness by us. Please remember that
when you use a link to go from the Services to another website, our Terms & Conditions are
no longer in effect. Your browsing and interaction on any other website, including those that
have a link on our platform, is subject to that website’s own rules and policies. Such third
parties may use their own cookies or other methods to collect information about you.
Cookies
The Diaspora Initiative (TDI) uses “Cookies” to identify the areas of our website that you have
visited. A Cookie is a small piece of data stored on your computer or mobile device by your
web browser. We use Cookies to enhance the performance and functionality of our website but
are non-essential to their use. However, without these cookies, certain functionality like videos
may become unavailable or you would be required to enter your login details every time you
visit the website as we would not be able to remember that you had logged in previously. Most
web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you
may not be able to access functionality on our website correctly or at all. We never place
Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that The Diaspora Initiative (TDI) may stop (permanently or
temporarily) providing the Service (or any features within the Service) to you or to users
generally at The Diaspora Initiative (TDI)’s sole discretion, without prior notice to you. You
may stop using the Service at any time. You do not need to specifically inform The Diaspora
Initiative (TDI) when you stop using the Service. You acknowledge and agree that if The
Diaspora Initiative (TDI) disables access to your account, you may be prevented from
accessing the Service, your account details or any files or other materials which is contained in
your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or
update the Terms & Conditions modification date below.
Modifications to Our website
The Diaspora Initiative (TDI) reserves the right to modify, suspend or discontinue, temporarily
or permanently, the website or any service to which it connects, with or without notice and
without liability to you.
Updates to Our website
The Diaspora Initiative (TDI) may from time to time provide enhancements or improvements
to the features/ functionality of the website, which may include patches, bug fixes, updates,
upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the website. You agree
that The Diaspora Initiative (TDI) has no obligation to (i) provide any Updates, or (ii) continue
to provide or enable any particular features and/or functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the
website, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information,
applications and other products services) or provide links to third-party websites or services
(“Third- Party Services”).
You acknowledge and agree that The Diaspora Initiative (TDI) shall not be responsible for any
Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect thereof. The Diaspora Initiative
(TDI) does not assume and shall not have any liability or responsibility to you or any other
person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you
access and use them entirely at your own risk and subject to such third parties’ terms and
conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or The Diaspora Initiative (TDI).
The Diaspora Initiative (TDI) may, in its sole discretion, at any time and for any or no reason,
suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from The Diaspora Initiative
(TDI), in the event that you fail to comply with any provision of this Agreement. You may also
terminate this Agreement by deleting the website and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer.
Termination of this Agreement will not limit any of The Diaspora Initiative (TDI)’s rights or
remedies at law or in equity in case of breach by you (during the term of this Agreement) of
any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our website
constitutes an infringement on your copyright, please contact us setting forth the following
information: (a) a physical or electronic signature of the copyright owner or a person authorized
to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your
contact information, including your address, telephone number, and an email; (d) a statement
by you that you have a good faith belief that use of the material is not authorized by the
copyright owners; and (e) the a statement that the information in the notification is accurate,
and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold The Diaspora Initiative (TDI) and its parents, subsidiaries,
affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim
or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the
website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right
of a third party.
No Warranties
The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects
without warranty of any kind. To the maximum extent permitted under applicable law, The
Diaspora Initiative (TDI), on its own behalf and on behalf of its affiliates and its and their
respective licensors and service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the website, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement, and warranties that
may arise out of course of dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, The Diaspora Initiative (TDI) provides no warranty or undertaking,
and makes no representation of any kind that the website will meet your requirements, achieve
any intended results, be compatible or work with any other software, websites, systems or
services, operate without interruption, meet any performance or reliability standards or be error
free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither The Diaspora Initiative (TDI) nor any The Diaspora
Initiative (TDI)’s provider makes any representation or warranty of any kind, express or
implied: (i) as to the operation or availability of the website, or the information, content, and
materials or products included thereon; (ii) that the website will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through
the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf
of The Diaspora Initiative (TDI) are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the
limitations on the applicable statutory rights of a consumer, so some or all of the above
exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of The Diaspora
Initiative (TDI) and any of its suppliers under any provision of this Agreement and your
exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you
for the website.
To the maximum extent permitted by applicable law, in no event shall The Diaspora Initiative
(TDI) or its suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other
information, for business interruption, for personal injury, for loss of privacy arising out of or
in any way related to the use of or inability to use the website, third-party software and/or third-
party hardware used with the website, or otherwise in connection with any provision of this
Agreement), even if The Diaspora Initiative (TDI) or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will
be changed and interpreted to accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will continue in full force and
effect.
This Agreement, together with the Privacy Policy and any other legal notices published by The
Diaspora Initiative (TDI) on the Services, shall constitute the entire agreement between you
and The Diaspora Initiative (TDI) concerning the Services. If any provision of this Agreement
is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this Agreement, which shall remain in full
force and effect. No waiver of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term, and The Diaspora Initiative (TDI)’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right
or provision. YOU AND The Diaspora Initiative (TDI) AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Agreement shall not effect a party’s ability to exercise such right or require
such performance at any time thereafter nor shall be the waiver of a breach constitute waiver
of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any
power under this Agreement shall operate as a waiver of that right or power. Nor shall any
single or partial exercise of any right or power under this Agreement preclude further exercise
of that or any other right granted herein. In the event of a conflict between this Agreement and
any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
The Diaspora Initiative (TDI) reserves the right, at its sole discretion, to modify or replace this
Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to
any new terms taking effect. What constitutes a material change will be determined at our sole
discretion.
By continuing to access or use our website after any revisions become effective, you agree to
be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use The Diaspora Initiative (TDI).
Entire Agreement
The Agreement constitutes the entire agreement between you and The Diaspora Initiative (TDI)
regarding your use of the website and supersedes all prior and contemporaneous written or oral
agreements between you and The Diaspora Initiative (TDI).
You may be subject to additional terms and conditions that apply when you use or purchase
other The Diaspora Initiative (TDI)’s services, which The Diaspora Initiative (TDI) will
provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so
that they accurately reflect our Service and policies. Unless otherwise required by law, we will
notify you (for example, through our Service) before we make changes to these Terms and give
you an opportunity to review them before they go into effect. Then, if you continue to use the
Service, you will be bound by the updated Terms. If you do not want to agree to these or any
updated Terms, you can delete your account.
Intellectual Property
The website and its entire contents, features and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design, selection and
arrangement thereof), are owned by The Diaspora Initiative (TDI), its licensors or other
providers of such material and are protected by Luxembourg and international copyright,
trademark, patent, trade secret and other intellectual property or proprietary rights laws. The
material may not be copied, modified, reproduced, downloaded or distributed in any way, in
whole or in part, without the express prior written permission of The Diaspora Initiative (TDI),
unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use
of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE
RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING
THE ENFORCEMENT OR VALIDITY OF YOUR OR The Diaspora Initiative (TDI)’s
INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or
other controversy between you and The Diaspora Initiative (TDI) concerning the Services or
this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other
legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under
law.
Notice of Dispute
In the event of a dispute, you or The Diaspora Initiative (TDI) must give the other a Notice of
Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must
send any Notice of Dispute via email to: contact@diasporainitiative.org. The Diaspora
Initiative (TDI) will send any Notice of Dispute to you by mail to your address if we have it,
or otherwise to your email address. You and The Diaspora Initiative (TDI) will attempt to
resolve any dispute through informal negotiation within sixty (60) days from the date the
Notice of Dispute is sent. After sixty (60) days, you or The Diaspora Initiative (TDI) may
commence arbitration.
Binding Arbitration
If you and The Diaspora Initiative (TDI) don’t resolve any dispute by informal negotiation, any
other effort to resolve the dispute will be conducted exclusively by binding arbitration as
described in this section. You are giving up the right to litigate (or participate in as a party or
class member) all disputes in court before a judge or jury. The dispute shall be settled by
binding arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Either party may seek any interim or preliminary injunctive relief from
any court of competent jurisdiction, as necessary to protect the party’s rights or property
pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and
expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs,
information, advertisements, data or proposals, including ideas for new or improved products,
services, features, technologies or promotions, you expressly agree that such submissions will
automatically be treated as non-confidential and non-proprietary and will become the sole
property of The Diaspora Initiative (TDI) without any compensation or credit to you
whatsoever. The Diaspora Initiative (TDI) and its affiliates shall have no obligations with
respect to such submissions or posts and may use the ideas contained in such submissions or
posts for any purposes in any medium in perpetuity, including, but not limited to, developing,
manufacturing, and marketing products and services using such ideas.
Promotions
The Diaspora Initiative (TDI) may, from time to time, include contests, promotions,
sweepstakes, or other activities (“Promotions”) that require you to submit material or
information concerning yourself. Please note that all Promotions may be governed by separate
rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or
not you are eligible to participate. If you enter any Promotion, you agree to abide by and to
comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the
Services, which terms and conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information
due to typographical error, we shall have the right to refuse or cancel any orders placed for the
product and/or service listed at the incorrect price. We shall have the right to refuse or cancel
any such order whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is canceled, we shall
immediately issue a credit to your credit card account or other payment account in the amount
of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms
& Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in
full force and effect. Any waiver of any provision of these Terms & Conditions will be effective
only if in writing and signed by an authorized representative of The Diaspora Initiative (TDI).
The Diaspora Initiative (TDI) will be entitled to injunctive or other equitable relief (without
the obligations of posting any bond or surety) in the event of any breach or anticipatory breach
by you. The Diaspora Initiative (TDI) operates and controls the The Diaspora Initiative (TDI)
Service from its offices in Luxembourg. The Service is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation. Accordingly, those persons who choose to access the The
Diaspora Initiative (TDI) Service from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms & Conditions (which include and incorporate the The Diaspora Initiative (TDI)
Privacy Policy) contains the entire understanding, and supersedes all prior understandings,
between you and The Diaspora Initiative (TDI) concerning its subject matter, and cannot be
changed or modified by you. The section headings used in this Agreement are for convenience
only and will not be given any legal import.
Disclaimer
The Diaspora Initiative (TDI) does not provide warranties or guarantees.
In no event shall The Diaspora Initiative (TDI) be liable for any special, direct, indirect,
consequential, or incidental damages or any damages whatsoever, whether in an action of
contract, negligence or other tort, arising out of or in connection with the use of the Service or
the contents of the Service. The Company reserves the right to make additions, deletions, or
modifications to the contents on the Service at any time without prior notice.
The The Diaspora Initiative (TDI) Service and its contents are provided “as is” and “as
available” without any warranty or representations of any kind, whether express or implied.
The Diaspora Initiative (TDI) is a distributor and not a publisher of the content supplied by
third parties; as such, The Diaspora Initiative (TDI) exercises no editorial control over such
content and makes no warranty or representation as to the accuracy, reliability or currency of
any information, content, service or merchandise provided through or accessible via the The
Diaspora Initiative (TDI) Service. Without limiting the foregoing, The Diaspora Initiative
(TDI) specifically disclaims all warranties and representations in any content transmitted on or
in connection with the The Diaspora Initiative (TDI) Service or on sites that may appear as
links on the The Diaspora Initiative (TDI) Service, or in the products provided as a part of, or
otherwise in connection with, the The Diaspora Initiative (TDI) Service, including without
limitation any warranties of merchantability, fitness for a particular purpose or non-
infringement of third party rights. No oral advice or written information given by The Diaspora
Initiative (TDI) or any of its affiliates, employees, officers, directors, agents, or the like will
create a warranty. Price and availability information is subject to change without notice.
Without limiting the foregoing, The Diaspora Initiative (TDI) does not warrant that the The
Diaspora Initiative (TDI) Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don’t hesitate to contact us if you have any questions.
Via Email: