Welcome to DySi Open, an online service, which includes a web site, mobile apps, and other technology and components (collectively the “DySi Open” or the “Service”), owned and operated by Dynamic Signal, Inc. (“Dynamic Signal”, “DySi”, “we,” “our,” or “us”).
When you register and join DySi Open, you become a“User.” If you have chosen not to register, you may access certain DySi Open features as a “Visitor.”
You must be 18 or over to register, sign-up, or use DySi Open. We ask that anyone under 18 not use DySi Open or submit any information to us.
OVERVIEW OF DYSI OPEN
DySi Open is a cloud-based interactive community hosted by Dynamic Signal for communicators, marketers and human resource professionals to access and share relevant thought leadership content.
DySi Open is accessible through a website and a mobile app where Users may view and comment on content such as information about products, services, events and other content chosen and posted onto by us (“DySi Open Content”),and where Users may view such content, potentially share it with other Users or outside Dysi Open and provide comments and other permitted user content. You will be allowed to connect your social networking site – e.g. Facebook, YouTube, Linkedin, Twitter, etc.(“Social Network Site” or “SNS”) – with your User account, but only with your express consent, which you may withdraw at any time.
Your use of DySi Open is subject to these Terms. DySi reserves all rights not expressly granted herein. DySi may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to DySi Open without notice and liability, if, in their respective determination, you violate any of these Terms.
By providing DySi your email address you consent to our using the email address to send you DySi Open related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages relevant to your use of DySi Open. Within your User settings, you may select the particular types of notifications you receive through DySi Open; however, you will always continue to receive emails or push notifications that are relevant to and a necessary part of your use of DySi Open.
In your use of DySi Open, you may upload, post, provide, publish, display, comment on, like, link to or otherwise make content available via the Service (collectively, “User Content”). You grant to us, a worldwide, transferable and sublicensable right to copy, modify, distribute, display, and process all of the User Content you make available via DySi Open, including but not limited to making your User Content available to other Users within DySi Open, without any further consent, notice and/or compensation to you or others.
DySi is not responsible for policing DySi Open or any User Content. DySi does not and will not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on DySi Open. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of DySi Open, is solely your responsibility. DySi is not responsible for any public display or misuse of your User Content. We do, however, to the extent permitted by law, reserve the right to review any or all User Content in our sole discretion and reserve the right to remove any User Content, in whole or in part. UNDER NO CIRCUMSTANCES WILL DYNAMIC SIGNAL BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH A SITE BY YOU OR ANY OTHER USER.
SERVICE USAGE RESTRICTIONS
You agree that you will:
You agree that you will not:
OUR PROPRIETARY RIGHTS
Except for your User Content, DySi Open, DySi Open Content and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “DySi Materials”), and all intellectual property rights related thereto, are the exclusive property of DySi and its licensors. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on DySi Open. Use of DySi Materials on DySi Open for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit feedback, comments, questions, and other information about DySi Open, including without limitation about how to improve DySi Open or our other products. By submitting any such comments, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place DySi under any fiduciary or other obligation, that we are free to disclose your comments on a non-confidential basis to anyone or otherwise use them without any additional compensation to you. You acknowledge that, by acceptance of your submission, DySi does not waive any rights to use similar or related ideas previously known to DySi, or developed by its employees, or obtained from sources other than you.
To use the Mobile Apps you must have a mobile device that is compatible with the Mobile Apps. DySi does not warrant that the Mobile Apps will be compatible with your mobile device. DySi hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Apps for one DySi account on one mobile device owned or leased solely by you, for your personal use. You acknowledge that DySi may from time to time issue upgraded versions of the Mobile Apps, and may automatically electronically upgrade the version of the Mobile Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this TOU will apply to all such upgrades.
If you use our Mobile Apps or interact with a website that has deployed a plugin, you agree that information about you and your use of DySi Open, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing DySi plugins that load in your browser may be communicated to us.
Further, by importing any of your data through the Mobile Apps, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your DySi account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing DySi through your mobile access provider. Therefore, you should check with your provider to find out if DySi Open is available and the terms for these DySi Opens for your specific mobile devices. Finally, by using any downloadable application to enable your use of DySi Open, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the Mobile App provided at download or installation, or as may be updated from time to time.
The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Downloaded Software”): You acknowledge and agree that this TOU is solely between you and DySi, not Apple, and that Apple has no responsibility for the iTunes-Downloaded Software or content thereof. Your use of the iTunes-Downloaded Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Downloaded Software. In the event of any failure of the iTunes-Downloaded Software to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the iTunes-Downloaded Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Downloaded Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this TOU and any law applicable to DySi as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Downloaded Software or your possession and/or use of the iTunes-Downloaded Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Downloaded Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this TOU and any law applicable to DySi as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Downloaded Software or your possession and use of that iTunes-Downloaded Software infringes that third party’s intellectual property rights, DySi, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this TOU . You and DySi acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOU as relates to your license of the iTunes-Downloaded Software, and that, upon your acceptance of the terms and conditions of this TOU , Apple will have the right (and will be deemed to have accepted the right) to enforce this TOU as relates to your license of the iTunes-Downloaded Software against you as a third-party beneficiary thereof.
SOCIAL NETWORKING SITES (SNS):
As part of the functionality of DySi Open, we allow you to link your User account with various online accounts you have with certain Social Network Sites to DySi Open. As a User, you will then have the option to link your SNS to DySi Open. Once connected, the SNS will send us your user profile (including profile photo, handle name) and analytics information about the posts you share on DySi Open, such as how many people potentially see a post, the number of responses generated by your content, and information about the activity related to your post, including responses and identity of individuals who interact with such content. This information may then be viewable by us. Your SNS profile photo and handle name may also be viewable by other Users. We do not collect passwords to your SNS, as that information is confirmed by the SNS separate from DySi Open. Certain SNS permit sharing without linking to DySi Open. In these cases, the information collected may be a subset of the above.By linking your SNS to DySi Open, you are granting us permission to access and collect the limited data described above.
THIRD-PARTY WEBSITES, ADVERTISERS AND SERVICES
You agree to defend, indemnify, and hold harmless DySi and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to DySi Open; (ii) your violation of any of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, rights of publicity or any intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content you submit; or (vi) any other party’s access and use of DySi Open with your unique username, password or other appropriate security code.
DYSI OPEN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF DYSI OPEN IS AT YOUR OWN RISK. DYSI OPEN IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DYNAMIC SIGNAL AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT DYSI OPEN WILL MEET YOUR REQUIREMENTS; THAT DYSI OPEN WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT DYSI OPEN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DYSI OPEN IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
DYNAMIC SIGNAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH DYSI OPEN OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DYNAMIC SIGNAL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DYNAMIC SIGNAL, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS DYSI OPEN. UNDER NO CIRCUMSTANCES WILL DYNAMIC SIGNAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF DYSI OPEN OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST THREE (3) MONTHS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYNAMIC SIGNAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR DYSI OPEN; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM DYSI OPEN; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR DYSI OPEN BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH DYSI OPEN; AND/OR (VII) ANY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DySi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The laws of the State of California will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California for the purpose of litigating all such claims.
We may notify you via postings on our website, via email, or any other means to the contact address you provide to us. All notices given by you or required from you under these Terms will be in writing and addressed to:
Dynamic Signal, Inc.
Attn: Legal Department
1111 Bayhill Dr. Suite 125
San Bruno, CA 94066
You may not assign or transfer any rights and licenses granted hereunder.
These Terms, and any other additional terms incorporated by reference herein or that expressly incorporate these Terms, constitute the entire agreement between you and DySi regarding the subject matter hereof. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and DySi’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org any questions regarding these Terms.