For all of our websites, products, services or any relationship you have with divergent that is not covered by another Agreement (the "Services"), our Terms of Use govern the usage of either the limited services of which you may access which includes general website usage.
Please read these terms of use carefully before you start the use the site. By using our site, product or service (for clarification, again herein referred to as the "Services"), you indicate that you accept these terms of use and you agree to be bound by them. If you do not agree to these terms of use, please refrain from using our site.
These terms apply to divergent Limited ("divergent") and its Subsidiaries (individually, a "divergent Group Company" and collectively, the "divergent Group" or "divergent Group Companies").
divergent may provide you with access to a variety of resources, including company details, developer tools, product / service information and more through its websites. From time to time, we may restrict access to some parts of the Services, or the entire Service, to users with a divergent Account.
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. If the need arises, we may suspend access to the Services, or close them indefinitely.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
We process information about you in accordance with our Privacy Policy, which describes any collection and use of your information. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate.
Commentary and other materials posted on the Services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may be updated regularly, meaning that the content contained within may change at any time. Any of the material made available as part of the Services may be out of date at any given time, and we are under no obligation to update such material.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms or conditions. You may not use the Services in any manner that could damage, disable, overburden, or impair any divergent server, or the network(s) connected to any divergent server, or interfere with any other party's use or enjoyment of any Services. You must not attempt to gain unauthorised access to the Services, the server(s) of which the Services are hosted / stored, or any server, computer, or database connected to our site.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing any available information to them. In the event of such a breach, your right to use the Services will cease immediately.
You must not use the Services in any way to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
You warrant that any information provided is accurate, and you must not create a false identity for the purpose of misleading others.
You must not use any part of any materials made available by the Services for commercial purposes without obtaining a license to do so from us or our licensors.
Whenever you make use of a feature that allows you to post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private communicate (each a "Contribution") you are granting divergent, its affiliated companies and necessary sublicensees permission to use your Contribution in connection with the operation of their internet businesses (including, without limitation, all divergent Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Contribution; to publish your name in connection with the Contribution; and the right to sublicense any such rights to any supplier of the Services.
divergent will never claim ownership of the materials that you provide to us in any capacity, and no compensation will be paid with respect to the use of your Contribution, as provided herein. divergent is under no obligation to post or use any Contribution you may provide and remains the right to remove any Contribution made to the Services at its sole discretion.
By making a Contribution you warrant and represent that you own or otherwise control all of the rights to your Contribution as described in these Terms of Use, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Contribution. Further, any contribution made to the Services will be considered non-confidential and non-proprietary.
You must not make a Contribution of which is inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. You must also not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, or may damage the operation of another's computer or property of another.
You may link to the Services, provided you do so in a way that is fair and legal and does not damage our reputation nor take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
The Services must not be framed on any other site, and we reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.
Where the Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We only provide these links as a convenience, and the inclusion of such link does not imply endorsement by divergent of the site.
If any of the Services requires you to create a divergent Identity Account (or an account of any other type), you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also need to choose, or will be provided with, a username, identification code, password, or any other piece of information as part of our security procedures. You are entirely responsible for maintaining the confidentiality of such information in relation to your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify divergent immediately of any unauthorised use of your account or any other breach of security. divergent will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you may be held liable for losses incurred by divergent or another party due to someone else using your account. You may not use anyone else's account at any time without the permission of the account holder. divergent has the right to disable any account, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
The material displayed on the Services is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law divergent and its subsidiaries and third parties connected to us hereby expressly include:
In addition to the representation set forth above, in no event shall divergent and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide Services, or information available from the Services.