These Terms of Use are the legal agreement between you ("You"), and us, the DS2ME TEAM who developed Diafon and DiafonBook service. While using any of our Services or applications, you are deemed to have accepted these terms, so please read them carefully.

The Services provided to You by DS2ME TEAM either through our applications or through our Site (currently http://www.diafon.net/) is described completely on our Web Site. We reserve the right to make changes to our Services from time to time, and will do our best to notify You about ongoing changes, though not obligated to do it.

We can stop offering any of our Services at any time and at any reason, though we will do our best to notify You about our Services continuity.

Some of the Services or applications are provided to You by us without payments required for them (on a free basis). These services or applications are described on our Web Sites and marked as "free". We reserve the right to make any of our free services or applications paid at any time and at any rates. In such case we are committed to notify You either by publishing details on our Web Sites or by e-mail. We also reserve the right to make any of our paid services free of charge without any notifications.

By subscribing for the Service, You are permitting us to download the current version of our software to Your phone. We grant to You a personal, non-exclusive, royalty-free revocable license to use the Software on Your mobile phone for the duration of the Service and for the purposes only of accessing our Services. This license covers only You and no other person may install, use or copy the software. However, we allow anyone to subscribe to our Services at our Website and we would encourage You to direct others to it. Other security restrictions and obligations from time to time are as described on the Website.

You may not alter, loan, sub-license or otherwise transfer the Software to anyone else and except insofar as permitted to do so by law, You may not reverse engineer, decompile or in any way decode the Software. The Software constitutes valuable confidential information and no ownership rights are transferred under these terms.

You must keep secure all usernames and/or passwords provided to You and ensure the Service is only used by You. You are entirely responsible for all activities that occur in accessing and using the Service using Your usernames or passwords. You shall immediately notify us of any unauthorized use or any other breach of security but to avoid any doubt, we are not liable to You or anyone else for any loss or damage arising from Your failure to comply with the above provisions or any other unauthorized use. You must ensure that the use of our Software and use of the Service is permitted under Your operator's network terms and conditions and we shall have no responsibility or liability in this regard.

Any of our Services are subject to any limitations from time to time stated on our Web Sites including but not limited to incompatibility with certain models of mobile phone and lack of GPRS coverage in relation to certain network providers, for which we shall have no responsibility. Whilst we do what we reasonably can to ensure availability at all times, we cannot and do not offer a continuous, uninterrupted or error free service and no warranty is given in this respect. Without limitation, we may at any time temporarily suspend/restrict access for back up, maintenance, repairs and improvements and/or give instructions to You regarding the use of the Service which we believe are necessary for security or to maintain or improve the quality of the Service to You and to other customers. You will comply with such instructions and, while they are in force, such instructions will be deemed to form part of this Agreement.

The Service and Software are provided "as is" without warranty and we do not make any representations or warranties whether express or implied (by statute or otherwise) relating to the performance, quality, security or fitness for a particular purpose of the Service or the Software or any aspect of it or otherwise and all such representations and warranties are hereby specifically disclaimed and excluded. Without prejudice to the generality of the foregoing, You acknowledge that certain aspects of the Service are dependent upon third parties, including but not limited to other Service users, retailers and third party payment service providers and telecommunications providers and we cannot accept any responsibility or liability for their failings including without being limited to any failure to deliver or supply the goods or services. We shall not be held liable for any loss caused by failure to receive a message or make a call whether this is caused by a technical failure in our systems or by a failure of third party systems.
NO LIABILITY FOR DAMAGES. In no event shall Author or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this SOFTWARE PRODUCT, EVEN IF AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that all information, publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall not: (a) Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) Collect or harvest any data about other users; (d) Provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; (e) Provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 8; (c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.