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Terms and Conditions

Introduction

By registering with diagram.wiki or using or browsing the site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree you may not use diagram.wiki.

1. Privacy

Please read the Privacy Statement to see how I collect and use your personal information.

2. Changes to these Terms of Use

I reserve the right to change, modify, add to, or delete portions of these Terms of Use at any time. When I do so I will notify you of such changes via the Website. Your continued use of diagram.wiki will constitute your binding acceptance of the change.

3. Information Service

You agree that diagram.wiki is not under any obligation to monitor the information which it transmits or stores. You agree and acknowledge that I shall not be liable in respect of information which is hosted or cached in respect of which I act as a mere conduit.

Your use of diagram.wiki

4. Who can join diagram.wiki?

4.1. People under 13:

Children under 13 may only use diagram.wiki under direct parental supervision. They may not register for the site using their own email address, but a parent or guardian may create an account for them to use if the parent or guardian's email address is used. No personal information about children may be added to the website.

4.2. People aged between 13 and 18:

You are permitted to register as a user of diagram.wiki and edit content if you are aged 18 or over. If you are aged 13 years or over but under the age of 18 you must obtain the consent of a parent or legal guardian before registering as a user of diagram.wiki. If you are aged 13 or over but under the age of 18 you must obtain the consent of a parent or legal guardian each time you put material online on diagram.wiki. Any person who registers as a user of diagram.wiki represents that either they are 18 years of age or older or that they are 13 years or over and have obtained the consent of a parent or legal guardian. I cannot and are not required to verify the age of users of the site. I hereby notify you that by publishing any material on the website or sending any information about yourself you hereby undertake that you are either over the age of 18 or that you are 13 years or over and have obtained the consent of a parent or legal guardian to do so.

4.3 Who cannot join diagram.wiki

You must not use diagram.wiki if:

  • You have been previously banned for any reason.
  • You intend to breach any other of the terms and conditions listed below.

5. What you agree to when joining diagram.wiki

diagram.wiki is in beta and is provided for demonstration and testing purposes only.

You agree not to publish any confidential information on diagram.wiki. You understand that any information you publish will be freely available to other users of the site and may be listed in search engine results.

It is your responsibility, bearing in mind the global nature of the Internet, to comply with all applicable laws which may apply to your use of diagram.wiki and to the content you publish, including but not limited to those regarding acceptable content and online conduct. You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

Failure to comply with all applicable laws or these Terms of Use may result in full deletions of submitted material, suspension of accounts, and/or complete banning.

Please note that you are liable for the content of any content you publish on diagram.wiki. I accept no liability of any nature whatsoever for any material published on the site by users. Any views or comments expressed in submitted content are not necessarily my views or the views of any entity associated with me. You are obliged to read the terms of use before editing or creating material on the site.

Please note that users aged 13 or over but under the age of 18 must obtain the consent of a parent or legal guardian each time such user wishes to edit or submit content.

I am not responsible for and do not endorse the contents of user’s material or warrant the accuracy, truthfulness, legality or reliability of user published material. You are entirely responsible for material which you publish. You agree to fully indemnify me against all damages, claims, expenses, liabilities, claims and costs (including legal costs) which they may may suffer or incur in the event of any legal proceedings being brought against them, in consequence of your publishing material. For the avoidance of doubt, the indemnity you give to me is effective in respect of any and all legal proceedings including any and all possible causes of action that may result from any breach of these Terms of Use and/or applicable law.

I expect you to act responsibly in publishing content on diagram.wiki. You agree, through use of this service, NOT to use diagram.wiki to:

  • publish illegal content
  • treat others with disrespect
  • defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others
  • identify or speculate as to the identity of any anonymous or pseudonymous user
  • solicit personal information from anyone under 18
  • harm minors in any way
  • solicit passwords or personally identifying information for commercial or unlawful purposes
  • collect or store other users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users
  • attempt to gain unauthorised access to the diagram.wiki administrative areas or interface, to user accounts, computer systems or networks connected to the diagram.wiki site, through password mining or any other means
  • repeatedly publish the same or similar content or otherwise impose an unreasonable or disproportionately large load on the diagram.wiki servers or infrastructure
  • publish any unsolicited or unauthorised advertising, promotional content, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of commercial publicity
  • publish any abusive, harmful, vulgar, obscene, sexually explicit, indecent, profane, inappropriate, or racially, ethnically or otherwise objectionable content.
  • publish content that contains violence, or offensive subject matter or contains a link to an adult website
  • publish content in respect of any matter that is currently before the courts
  • publish content that could be construed as scandalising the courts
  • publish content that promotes or encourages illegal activity facilitate or encourage any violation of these Terms of Use
  • publish content that infringes any patent, trade mark, trade secret, copyright, rights of privacy or publicity, or other proprietary right or intellectual property right of any party
  • publish content that falsely expresses or implies that such content is sponsored or endorsed by diagram.wiki
  • publish content that contains software viruses or harmful programs including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • modify, adapt, translate, or reverse engineer any portion of diagram.wiki
  • reformat or frame any portion of the web pages that are part of diagram.wiki

6. You are responsible for your account and its details

As part of the registration process, you will be asked to select a user name and password and you will be responsible for all activities occurring under your username and for keeping your password secure. It is against these terms of use to use a password that is the same as a password you use elsewhere.

6.1 Usernames

I would recommend you choose a pseudonym and do not use your real name (or a derivative of it) when joining diagram.wiki. You may not select or use a username that:

  • Contains "diagram.wiki" or otherwise misrepresents your relationship with diagram.wiki or any other party;
  • Contains any profanity, is vulgar or offensive, or promotes an illegal activity;
  • Violates any trade mark or other proprietary right; or
  • Misleadingly impersonates someone else.

I reserve the rights to change usernames at my discretion.

6.2 Accounts and passwords

diagram.wiki reserves the right to log off or deactivate accounts that are inactive for an extended period of time.

You will not create more than one personal profile. You may not share your account with anyone. You agree not to provide any false information to the site or to create an account for anyone other than yourself without the express permission of that other person or entity. You agree not to use the account or password of another user and not to disclose your password to any third party. You agree to notify me immediately if you suspect any unauthorised use of your account or access to your password.

I will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.

I may at my absolute discretion refuse you access to the site, delete content created by you or suspend/terminate your account without prior notice for any reason and you shall not be entitled to any compensation in respect of this. If I disable your account you will not be entitled to create another account without my permission.

These Terms of Use, including, in particular, the indemnities contained herein, shall survive any suspension or termination of your account.

6.3 Your interactions with other users

I have no obligation to verify the identity of any users when they are connected to the site or to monitor Material provided by them.

Your interactions with other users are solely between you and the other user.

As with any web-based interaction, I suggest that you use caution and good judgment. If there is a dispute between you and any third party I am under no obligation to become involved.

You are encouraged not to provide personal information about yourself on diagram.wiki. Any personal information which you volunteer on the website will be available worldwide to anyone with access to the website.

It is against these terms of use to publish a home address, phone number or email address, whether it belongs to you or any other individual.

diagram.wiki does not delete all content from any member on request, so if you have publically contributed identifying information about yourself, then it may remain on the site.

7. Right to ban accounts or remove user privileges

I may at their absolute discretion refuse you access to the site and/or cancel/terminate your user privileges without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your user privileges. If I disable your account you will not be entitled to create another account without my permission.

These terms of use, including my proprietary rights, disclaimer of warranties, indemnities, limitations of liability, choice of law, and miscellaneous provisions shall survive any termination of your user privileges.

Without limiting the foregoing, the following will lead to a suspension of your privileges on diagram.wiki:

  • breaches or violations of these Terms of Use
  • requests by law enforcement or other government agencies
  • unexpected technical issues or problems

8. Publishing content on diagram.wiki

You are solely responsible for your conduct and any content that you submit or display on diagram.wiki. You agree not to submit Material contrary to these Terms of Use or any applicable law.

Due to the real-time nature of diagram.wiki, I cannot and are not required to review the contents of user-contributed content, nor do I confirm the validity of information submitted. I hereby notify you that I do not actively monitor content published by users and, as such, I am not responsible for and give no warranty or representation in relation to content published by users.

Users are informed that if they deem any content to be defamatory or an infringement of their intellectual property rights they should contact the me directly.

Whilst I do not monitor content contributed by users, I reserve the right to take down content that comes to my attention via a complaint or otherwise. Members who repeatedly flout these Terms of Use will be barred from using the site.

I reserve the right to immediately ban a user for any reason and especially if there has been a serious breach of these Terms of Use. All decisions in relation to these matters are carried out at my sole discretion.

In accordance with the guidelines established by the Data Protection Commissioner from time to time, I reserve the right to reveal your identity (or whatever information it knows about you) in the event of a complaint or legal action arising from any content published by you.

I may, but are not obliged to, remove or limit access to content added by any user which breaches these Terms of Use.

You own all of the content you add to diagram.wiki and I do not claim ownership of that content. However, I need your permission to be able to display that content and in some cases to modify it for best display – for different browsers, for my mobile site, and so on.

Consequently, by adding any content on or through diagram.wiki you grant me a limited licence to use, modify, publicly perform, publicly display, reproduce, and distribute such content. The licence you grant to me is non-exclusive, royalty free and fully paid, sub-licensable, and worldwide. This licence applies only to use of the content for the purpose of providing the diagram.wiki service. You also waive to the fullest extent permissible by law any moral rights in such content. You are responsible for making sure that you have all rights to what you add, including the rights necessary for you to grant the licence above.

By adding content on diagram.wiki you represent and warrant that: (i) you own the content published by you or otherwise have the right to grant the licence above, and (ii) the addition of the content does not violate the privacy rights, publicity rights, intellectual property rights, confidentiality, contract rights or any other rights of any person. You agree to pay all royalties, fees, or any other monies owing any person by reason of any content added by you to or through diagram.wiki.

Please do not publish any information you are not happy to leave up indefinitely. You agree that your content displayed on diagram.wiki may continue to appear on diagram.wiki.

I cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, you must not publish it on diagram.wiki. I am not responsible for a user's misuse or misappropriation of any content or information you publish on diagram.wiki.

8.1 Defamatory Content

If you believe any content on diagram.wiki is defamatory please notify me immediately. I will take all reasonable endeavours to remove any defamatory material after identifying it as such within a reasonable period of time.

8.2 Content infringing Intellectual Property Rights.

If you believe any content on diagram.wiki infringes on your intellectual property rights, please notify me immediately. I will take all reasonable endeavours to remove infringing content after identifying it as such within a reasonable period of time.

9. Feedback, suggestions and submissions about diagram.wiki

From time to time users contact me with feedback, suggestions and submissions about diagram.wiki and how to improve the site and services I offer. I welcome your input, and the following terms ensure that I can use your contributions to improve diagram.wiki.

You do not have to submit anything to me about diagram.wiki, but if you do you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or any other submissions to me which may improve my products, services, or offerings shall become my property unless otherwise agreed by me.

By making a submission to me about diagram.wiki, you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licensable, fully paid up and royalty-free right to me to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, and use and commercialise, in any way now known or in the future discovered, anything that you submit to me, without any further consent, notice and/or compensation to you or to any third parties.

If you do not want to grant me the rights set out above, please do not make submissions to me about diagram.wiki.

10. Links to and content of third party sites

10.1 Links to other websites

diagram.wiki contains links to other websites operated by third parties over whom I have no control. Such links are provided for your convenience only and I accept no responsibility or liability in respect of the content or use of other websites. Such links do not amount to an endorsement or recommendation of these sites me. I do not exercise any control or supervision over the content of these linked sites.

I am not responsible for the content or accuracy of or for the opinions expressed in these third party websites and these websites are not investigated, monitored or checked for accuracy or completeness by me.

Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The fact that these links appear does not mean that I endorse these third party sites or services.

If you do decide to leave the diagram.wiki site and access third party sites you do so at your own risk. Third party sites linked via the diagram.wiki site are not covered by these Terms of Use. You should not assume that these third party websites will abide by the same Privacy Statement to which diagram.wiki adheres to.

10.2 Links to diagram.wiki

You may link to diagram.wiki if (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

By linking to diagram.wiki you are granting permission to diagram.wiki to link to your site.

11. Intellectual property

All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software vest in diagram.wiki unless otherwise indicated. I reserve all of my rights.

The above does not include Materials which are the property of users.

You acknowledge that all trade names, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all copyright, trade marks and other intellectual property rights in and relating to diagram.wiki (collectively "Intellectual Property") are solely owned by Peter Dongan.

You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Material at diagram.wiki without my written permission.

12. My rights and responsibilities

12.1 Liability and accuracy:

I do not give any warranty or make any representation as to the accuracy or completeness of the information contained on diagram.wiki. Content published on diagram.wiki is not intended to amount to advice on which reliance should be placed. I disclaim all liability and responsibility arising from any reliance placed on such Material by any user, or by anyone who may be informed of any of its contents. I do not make any warranty that the diagram.wiki is free from infection by viruses or anything else that has contaminating or disruptive properties. Under no circumstances shall I be held liable for any delay or failure in performance regardless of the reason for the delay or failure.

I do not give any warranty or make any representation as to the identity of any user on diagram.wiki. Any use of, or reliance placed on, any content on diagram.wiki by any user, or obtained by you through diagram.wiki, is at your own risk.

Users of diagram.wiki should satisfy themselves as to the accuracy, completeness and reliability of the information contained on diagram.wiki.

Under no conditions and in no event shall I be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these Terms of Use or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by me, or the possibility of it was brought to my attention.

12.2 Users:

I may at its sole discretion for any reason (i) disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of diagram.wiki, (ii) remove and discard any content or (iii) lock any content to prevent users from editing it including the original authors with or without notice, and with no liability of any kind to you.

12.3 Availability of service:

I may at its sole discretion and at any time, discontinue temporarily or permanently providing diagram.wiki, or any part thereof, with or without notice.

You agree that any termination of access to diagram.wiki under any provision of these Terms of Use may be effected without notice, and acknowledge and agree that I may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or diagram.wiki.

diagram.wiki may be temporarily unavailable from time to time for maintenance or other reasons. I accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.

Where possible, I will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to diagram.wiki. However you agree that I shall not be liable to you or any third party for any inability to access diagram.wiki, termination or suspension of access to diagram.wiki or modification of the service provided by diagram.wiki.

12.4 Indemnity and waiver

You agree to indemnify, defend (at my request), and hold me harmless from and against any third party claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:

  1. Your use of diagram.wiki,
  2. The violation of these Terms of Use, my Privacy Statement, my Guidelines by you,
  3. The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use diagram.wiki,
  4. The infringement of any intellectual property rights of any person or entity.

You acknowledge that your use of diagram.wiki including any material downloaded or otherwise obtained through diagram.wiki is at your own discretion and risk and you agree to waive any right to bring any claim or action against me for any loss, damage, costs or injury arising from such use.

13. Entire agreement

These Terms of Use my Privacy Statement and/or my Comments Policy make up the entire agreement between you and me and supersede any prior agreement.

14. No partnerships/joint ventures

Nothing in these Terms of Use, my Privacy Statement and/or my Comments Policy shall be construed as forming a partnership or joint venture with you. No third party shall have the right or ability to create any obligation on my behalf.

15. Governing law

The agreement shall be governed by Irish law and you consent to the exclusive jurisdiction of the Irish courts in all matters regarding this agreement and your use of diagram.wiki.

16. Severability

If any provision of these terms of use is found to be void, invalid or unenforceable the remaining provisions will continue to be of full force and effect.

17. No waiver

Failure to enforce any provision of these Terms of Use shall not amount to a waiver of such provision.

18. Contact me

Contact form