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d2mondo Terms of use    

In essence

We have developed this service so that you can build and maintain high quality digital properties from a central hub. The basic service is free, and we also offer a range of premium services. d2mondo combines a Web CMS with site build tools, eCommerce, social media, social network integration, and reporting tools, so that you have a high degree of independence, creative freedom, and a highly efficient digital resource for realising an effective digital strategy. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
Also, as you can open a shop and sell direct to your customers though the d2mondo platform, please remember that your customers are your responsibility, and we advise that you treat them in the manner in which you would like to be treated when entering into a commercial transaction with a supplier, that is to say, with transparency, openness, respect, fairness, honesty and care. At d2mondo we take a very dim view of poor retail practices, scammers, moochers, looters and con-artists; they are not welcome.
If you find a d2mondo site that you believe violates our terms of service or in any way breaches good and decent conduct, please contact us via http://www.d2mondo.com/contact or use the email link info@d2mondo.com.

Terms of use
The following Terms of use govern all use of the d2mondo platform and all content, services and products available at or through the service, including, but not limited to, the d2mondo Web building tools, content management tools, social media, networking and ecommerce, collectively termed from here on as the Service. The Service comprises, and is owned and operated by d2mondo Limited (d2mondo), a privately-owned, UK registered company. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, d2mondo’s Privacy Policy, and eCommerce rates and terms) and procedures that may be published from time to time on the d2mondo.com site by d2mondo (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these terms and conditions are considered an offer by d2mondo, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
   1. Your d2mondo Account and Site.
If you create a Web site on the Service, you are responsible for maintaining the security of your account and  “Property “(collectively including, but not limited to your blog, news, features, galleries, video streams, musical content, products, forum, miscellaneous site pages, integrated network content, and content published into mobile apps, widgets, gadgets, and feeds) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Property. You must not describe or assign keywords to your Property in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and d2mondo may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause d2mondo liability. You must immediately notify d2mondo of any unauthorized uses of your Property, your account or any other breaches of security. d2mondo will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
   2. Responsibility of Contributors.
If you operate a Property, comment on Property content, post material to the Service via any of the features including forums, comments on products, blogs, news (collectively “Posted content”), post links on the Property, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes, but is not limited to, text, graphics, an audio file, video file, animations, games or computer software. By making Content available, you represent and warrant that:
          * the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
          * if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
          * you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
          * the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
          * the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
          * the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
          * your posted content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
          * your posted content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
          * you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by d2mondo or otherwise.
 By submitting Content to d2mondo for inclusion on your Property, you grant d2mondo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, d2mondo will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
 Without limiting any of those representations or warranties, d2mondo has the right (though not the obligation) to, in d2mondo’s sole discretion (i) refuse or remove any content that, in d2mondo’s reasonable opinion, violates any d2mondo policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in d2mondo’s sole discretion. d2mondo will have no obligation to provide a refund of any amounts previously paid.
 3. Fees and Payment.
Optional, additional paid services such as the d2mondo ‘PRO’ license, bespoke development, additional storage or bandwidth, Enterprise licenses, additional support, and other service features (collectively “Premium services”), may from time to time be made available on the Service. By selecting a Premium service you agree to pay d2mondo the monthly or annual subscription fees or one-off payment indicated for that service (the payment terms for d2mondo Premium services are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period or other period as indicated. Premium service fees are not refundable.
   4. Premium Services.
* Fees; Payment. By signing up for Premium services accounts you agree to pay d2mondo the fees indicated at http://d2mondo.com/Plans in exchange for the services listed at http://d2mondo.com/Plans. Applicable fees will be invoiced starting from the day your Premium services are established and in advance of using such services. d2mondo reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium Services can be canceled by you at anytime on 30 days written notice to d2mondo.
   5. Responsibility of Website Visitors.  
d2mondo has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, d2mondo does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. d2mondo disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and Web pages to which d2mondo .com links, and that link to d2mondo.com. d2mondo does not have any control over those non- d2mondo websites and Web pages, and is not responsible for their contents or their use. By linking to a non- d2mondo Website or Web page, d2mondo does not represent or imply that it endorses such Website or Web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. d2mondo disclaims any responsibility for any harm resulting from your use of non- d2mondo websites and Web pages.
7. Copyright Infringement.
As d2mondo asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by d2mondo.com violates your copyright, you are encouraged to notify d2mondo using the email address info@d2mondo.com. d2mondo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of d2mondo or others, d2mondo may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, d2mondo will have no obligation to provide a refund of any amounts previously paid to d2mondo.
8. Intellectual Property.
This Agreement does not transfer from d2mondo to you any d2mondo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with d2mondo. d2mondo, d2mondo.com, the d2mondo logo, and all other trademarks, service marks, graphics and logos used in connection with d2mondo, or the Service are trademarks or registered trademarks of d2mondo. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any d2mondo or third-party trademarks.
9. Changes.
d2mondo reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. d2mondo may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
 10. Termination.
 d2mondo may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your d2mondo account (if you have one), you may simply discontinue using the Service. Notwithstanding the foregoing, if you have a Premium account, such account can only be terminated by d2mondo if you materially breach this Agreement and fail to cure such breach within thirty (30) days from d2mondo’s notice to you thereof; provided that, d2mondo can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties.
The Service is provided “as is”. d2mondo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither d2mondo nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
12. Limitation of Liability.
In no event will d2mondo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to d2mondo under this agreement during the twelve (12) month period prior to the cause of action. d2mondo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty.
You represent and warrant that (i) your use of the Service will be in strict accordance with the d2mondo Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification.
You agree to indemnify and hold harmless d2mondo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
 15. Miscellaneous.
This Agreement constitutes the entire agreement between d2mondo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of d2mondo, or by the posting by d2mondo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the United Kingdom. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; d2mondo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
16. Community: your terms of use for your community
The d2mondo Service allows you to create a social network or Web community or fan-base (community), whereby your visitors can register with your Property and create their own personal profile, with a view to communicating with other registered members, and at times to provide comments via blogs, news, forum, and other content, that you deem can be made available, through the Service settings, available for comments, and at a future time, possible additional synchronous and asynchronous communication modes.
It is your responsibility to manage the community, to police usage, and to resolve any disputes which may occur between community members and yourself that you feel may have a deleterious effect on the Property you manage, and the codes and protocols that you see fit. It is also your responsibility to respect and protect the privacy and data of your community members, and any registered or opt-in members.
d2mondo cannot police the content posted across the entire service platform, and will not be held responsible for content posted on your Property, or for interactions between your community members. In accepting this agreement you warrant that all content posted on your Property is your responsibility, and d2mondo will therefore treat the community content, also commonly known as  user-generated c content, under the term ‘Content’, as defined elsewhere in this agreement.
To this end d2mondo strongly advises that you offer community members, at the point of registration or opt-in, a compulsory set of a terms of use, requiring acceptance on their behalf, that clearly define both yours and their responsibilities, and include definitions of proper and improper use, disclaimers and obligations, legal and moral.
If you do not intend to protect the privacy of your community members, nor take responsibility for their actions and postings on your Property, nor protect the copyright of others, and if you cannot create a disclaimer, then d2mondo advises that you do not open up your Property for community use, which would require you to refrain from using the d2mondo forum function, nor allow the creation of user-profiles, any form of user-to-user communication, nor allow users to add comments to any of the published content on your Property.
It is also your responsibility to prevent the posting of hateful, bigoted, racist, pornographic, libelous or otherwise defamatory content within your Property, and to prevent bullying, harassment, illegal activities and promotion of illegal activities, or to allow your community members to extract personal details from other members and visitors that may be used for illicit or unlawful purposes.
The examples of improper use cited here are not exhaustive, and d2mondo strongly advises you to research this area and put a set of terms in place, compliant with fair use, good sense and the laws of your country or state or local laws and international law.  d2mondo cannot offer the creation of your terms as a service and is not responsible for the terms that you do offer to your community.
17.d2mondo branding and ad placement
You may not remove, changes, alter or obscure, in any way, the d2mondo logo that appears on the footer of your property, without prior, written permission from an executive of d2mondo. Any attempt to do so will be viewed as a breaking of this agreement on your part.
Similarly, you may not remove, changes, alter or obscure, in any way the advertising banners that d2mondo may, from time to time, display on your property or within the platform, and any attempt to do so will be viewed as a breach of this agreement. The logos, banners and other ads that appear on your property can only lawfully be removed by the purchase of particular Premium licenses, or with written permission from an executive of d2mondo.
18. eCommerce
By using the d2mondo shopping basket and eCommerce features on  your Property and by offering products and services, for sale of for free, you are thereby agreeing to the terms outlined for ecommerce herein, and also the terms as published at d2mondo.com/eCommerceTerms.
d2mondo offers a comprehensive ecommerce and product management service which you are obliged to use if you wish to engage in ecommerce transactions via the d2mondo Service. We do not allow the inclusion of alternative, competitive third-party ecommerce solutions or other, similar competitive business offerings, such as shopping cart widgets, plug-ins, embedded code behind ‘Buy’ buttons, code redemption or other marketing and promotional widgets, and so on. Any attempt to include alternative eCommerce applications within the Service will be considered a breach of this agreement, unless you have received written permission from an executive of d2mondo, which we may from time to time grant wholly at our own discretion for limited periods, or have entered into some form of a Third-party inclusive eCommerce License agreement with d2mondo.
d2mondo charges a percentage of all transactions that you make with your customers on the sale of any goods and services though your Property on the d2mondo service. The exact rates are published at d2mondo.com/eCommerceTerms. By accepting this agreement you agree to the aforesaid published rates, which may from time-to-time be altered, at which time you will be duly notified by email. Payment terms are published at d2mondo.com/eCommerceTerms.
D2mondo does not, at this time, offer either directly, or through third-party providers or partners, physical fulfillment of your products, nor any form of customer support or customer care to your customers, we therefore strongly advise that you create some form of ‘terms and conditions of sale’, sales information, customer support guidelines, contact information, and so on, and publish these clearly on your site. If we believe that you are trading in an unscrupulous, illicit or illegal manner or if we receive notification or reports that you are, we will investigate and may suspend or even terminate the d2mondo Service that you are using,  or parts of the Service, until such time we feel the matter has been resolved, which will be entirely at our discretion and will not require that d2mondo offers any prior notice or explanations or reimbursement of any payments made to d2mondo by you, or any costs incurred by you in the creation of a substitute service. If you cannot agree to these terms then you should not use the d2mondo platform to trade, sell or even provide for free, goods or services. Furthermore, by accepting this agreement you hereby indemnify d2mondo, its employees, shareholders, partners and suppliers, against any actions, suits, damages, and claims that arise out of you trading using the d2mondo platform.
19. Number of sites, storage and fair usage policy
When you sign-up with d2mondo, either as an individual or as a representative of an organisation, the number of sites you are allowed to create and the media storage space you are allocated, are dependent on the license type your sign-up for. License types vary from the free-to-use ‘Basic’ license, to a range of Premium paid-for single- and multi-site licenses. Please visit the d2mondo site at d2mondo.com/Plans for an up-to-date record of all service plans and service costs. The Basic license allows you a single (one) site, and is free-to-use, within the limits of fair-usage. Fair usage also applies to paid-for licensed services. Fair-usage is, at all time and under all conditions and situations to be determined wholly by d2mondo.

Thank you,

The d2mondo Team.

Note: These Terms of Service are based upon a modified version of the WordPress.com Terms of Service, which they have made available under a Creative Commons Sharealike license. Big thanks to WordPress for their generosity and community spirit.