DYD reserves the right to amend or update these Terms and the Services it provides at any time with or without notice to Users, and may also add new features that will be subject to the Terms. Any User who continues to use the Website or Services after any changes are made will be taken to have agreed to those changes.
In order to register to use the Services, Users will need to provide certain information about themselves (as prompted by the Application) ("Registration Information"). All Users agree to provide true, accurate and current Registration Information.
Users are entitled to cancel their account with DYD at any time. All cancellations will result in the deactivation or deletion of the User's account.
Users may install the Application onto any number of computers ("Computers"), which will enable DYD to distribute advertisements, promotions and other images ("Branded Desktops") for display on the desktops of those Computers ("Desktops"). DYD may release new versions of the Application from time to time, and require all Users to download and use the latest version.
The Application may only be used in connection with the Services and in accordance with these Terms. Users must not (and must not attempt to) reproduce, modify, adapt, reverse-engineer or decompile the Application in any way.
Users agree that a Branded Desktop will be automatically downloaded onto the Desktop of any Computer which has the Application installed onto it when that Computer connects to the internet each day. Branded Desktops will be changed by DYD on a 24 hour basis. DYD makes no warranties or representations in respect of, and accepts no liability for, the content of the Branded Desktops it distributes. Users acknowledge and agree that DYD’s partner charities (as identified on the Website) ("Partner Charities") do not endorse nor support any of the products or services advertised by DYD.
DYD commits to contributing 75% (including GST) of the advertising revenue it receives for each Branded Desktop downloaded through the Application to the Partner Charity selected by the User through the Application (the "Selected Charity"). Users may change their Selected Charity at any time on the Website. Users are not entitled to receive any consideration in return for using the Services.
DYD takes all reasonable steps to ensure that the Application will function as intended once it is installed by Users. However, DYD shall not be liable if at any time the Application malfunctions and or causes any loss or damage to Users, or for any other loss or damage suffered as a result of any partial or total breakdown of the Website or inability to use the Services. DYD will try to promptly address (during normal business hours) all technical issues that arise in relation to the Application, Website or the Services.
Each User will be responsible and liable for any content uploaded or activity that it causes through its use of the Website and Services. DYD will not be held accountable if a User suffers any loss or damage as a result of its use of the Website and Services.
Each User indemnifies, and will keep indemnified, DYD against all forms of liability, actions, proceedings, demands, costs, charges and expenses which DYD may incur or be subject to or suffer as a result of the User's use of the Website and Services.
No User may use the Website or Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, entity or organisation.
Users may only access the Website and Services through the interface provided by DYD, and must not use the Website or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any User, Partner Charity or advertiser affiliated with DYD.
All Users agree that DYD owns all of the intellectual property rights existing in the Website, Application and the Services. However, DYD claims no intellectual property rights in relation to the advertisements published by advertisers or Partner Charities through the Website, Application and the Services.
No User may publish or use DYD's brand, branding or logos except with DYD's prior written consent.
Users are responsible for maintaining the security of their account and password on the Website and in the Application.
If a User does not comply with these Terms, DYD may cancel or suspend that User's account and refuse to provide Services to that User for any reason and at any time.
These Terms shall be governed by New Zealand law, and all Users submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.