Dexmo Terms and Conditions
These terms & conditions ("Terms") govern your use of the Dexmo website located at dexmo.com ("Site") and such other country specific Dexmo websites as may be introduced from time to time.
2. Introduction
Dexmo allows registered users to suggest and add categories and pages of content directly to the Site and to vote for or against any category or page and comment on any specific page. A vote for or against a category or page is also a vote for or against the user who suggested or added the category or page. This translates into every user having an overall rank on the Site. Also by default all categories and pages are displayed according to the number of votes they have received and so their rank.
3. Eligibility
You must be a minimum age of 15 to register on and use the Site. By registering and using the Site you warrant that you are 15 or older and understand your obligations under these Terms.
4. Registration
4.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including Dexmo), or vulgar, obscene or in any other way inappropriate. Dexmo reserves the right with or without notice to suspend or terminate any account in breach.
4.2 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact Dexmo immediately. Please note that Dexmo never contacts users requesting them to confirm their username & password or other details.
5. Dexmo Rules
5.1 Dexmo is intended to be a place where people can provide material, express views and comment, ("Content") and be entertained, find information and enjoy themselves. The views expressed by any user on the Site are their own and not those of Dexmo. As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Use data provided by other users for purposes other than contacting them via Dexmo.
5. Contact other users in ways they may find inappropriate.
6. Encourage illegal activity or activity that violates the rights of other Dexmo users or third parties, whether individuals or organisations.
7. Use Dexmo to plagiarise, collude or cheat on assessments, assignments or tests.
8. Supply or post Content calculated to deliberately mislead other users or third parties, including Content falsely made to appear from or be endorsed by Dexmo.
9. To pose as another user, third party or organisation or Dexmo employee for the purposes of obtaining user or third party information.
10. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
11. Attempt to gain access to Dexmo servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by Dexmo and Dexmo users.
12. Reframe, repurpose the Site or any Content on it or remove or obscure any notices or advertising provided by Dexmo on the Site.
13. Load or provide access to Content on the Site or link to other content from the Site, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
14. Make commercial posts or comment spam or attempt to disguise such spam as Content.
15. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
16. Use any robot, spider, scraper or other technical means to access the Site or Content on the Site.
5.2 If you breach these Terms by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to Dexmo and the Site. Such harm is difficult to quantify and as such you agree to pay Dexmo the sum of £30 for each and every individual email or other communication sent to a user or third party.
5.3 The above list is not intended to be exhaustive. Dexmo reserves the right to remove (with or without notice) Content and suspend or terminate (with or without notice) the account of any user who in the sole judgment of Dexmo is in breach of the rules or the spirit of the rules.
6. Content Ownership
6.1 As a user you retain all ownership rights to Content provided by you, except for navigation and navigation headings and introductory text suggested or provided by you for any main or sub-categories. Navigation and navigation headings and introductory text are excluded because other users may subsequently add other categories or pages to any category. Therefore such navigation headings and text become part of the Site and pass under the ownership of Dexmo in order to preserve continuity and navigation on the Site.
6.2 By submitting, posting or displaying your Content on the Site you agree to grant a non-exclusive royalty-free licence to Dexmo to use, modify, publicly perform, publicly display, reproduce and distribute such Content on the Site. This allows us to place your Content on the Site and let all users, whether registered or not to view your Content. It also allows Dexmo to compress or alter the size of any files you may post onto the Site to ensure that they can be readily displayed for other users.
6.3 As this is a non-exclusive licence you as a user are free to provide your Content to other websites or other parties, without restriction.
6.4 This licence is also royalty-free, which means that the Content is provided free of charge to Dexmo and Dexmo will not pay for the Content or account for any advertising revenue generated on the Site or on any specific Content pages.
6.5 This licence is also sub-licensable, which means that Dexmo's partners and affiliates can also use the Content.
6.6 This licence also applies worldwide because the Site can be accessed from anywhere in the world, at any time.
6.7 Also as part of the licence you warrant that any Content provided by you does not belong to a third party whose rights have been violated by the Content being posted on to the Site. Furthermore if any Content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from Dexmo.
7.Copyrighted Material
7.1 Dexmo does not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
7.2 Where notified of such breaches by the owner of such content Dexmo will remove the content from the Site as soon as practicable. But only where the true owner of such content can be reasonably ascertained.
7.3 If as the owner of such content you believe that your rights have been infringed you should use the report link on the Site to notify Dexmo and provide all the information requested on the report form and submit the form to Dexmo electronically and in writing. By submitting the form you warrant that you are, (or act as an agent) for the owner of the content and that you are (or represent) the owner of the content.
8. Content Monitoring
Dexmo users can freely add Content and navigation to the Site. Dexmo does not monitor or assume any responsibility for Content posted to the Site. If at any time Dexmo decides to monitor the Site on any occasion it does not assume responsibility for removing any Content or the conduct of any users.
9. Termination
9.1 Dexmo may terminate your user account and all Content and materials associated with it at any time where these Terms have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time and are free to remove any Content you have created on termination, except for navigation and navigation headings and introductory text.
9.2 Various clauses within these Terms are designed to survive and continue after termination, including (but not limited to) clauses 6, 12, 13, 19.
10. Access
Dexmo takes all reasonable steps to ensure that the Site is available and functioning fully at all times. However, Dexmo does not accept any responsibility for "down-time" or poor performance of Dexmo fileservers or where the Site or any Dexmo service is unavailable for any other reason, whether within or outside the direct control of Dexmo.
11. Disclaimer
11.1 Dexmo is not responsible for the accuracy of any Content on the Site nor any advertisements placed on the Site.
11.2 Dexmo is not responsible for any links to third party websites from the Site and the inclusion of any link does not imply an endorsement of a third party website by Dexmo.
12. Limitation of Liability
Dexmo shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.
13. Indemnity
You agree to indemnify and hold Dexmo, its subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms whilst using the Site or any other Dexmo service.
14. Privacy
Use of the Site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
15. Trademarks
The Dexmo name, logo and tag line "do you rank?" are the registered trade marks of Dexmo Limited ("Dexmo") and must not be used in any form without the prior written approval of Dexmo.
16. Patent
Various aspects of the functionality of Dexmo are subject to a US patent application and are now patent pending, provisional application: US60/873,755 and new patent application: 11/948,850.
17. Alteration of Terms
Dexmo is free to alter or revise these Terms at any time and without the requirement to notify users.
18. Acceptance
Your use of Dexmo and any service contained within constitutes acceptance of these Terms.
19. Entire Terms & Conditions
These Terms set out the entire agreement and understanding between you and Dexmo.
20. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
21. Waiver
Failure by Dexmo to enforce any accrued rights under these Terms is not to be taken as or deemed to be a waiver of those rights unless Dexmo acknowledges the waiver in writing.
22. Jurisdiction
These Terms shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.