30. What we own: We own all the Dragonfly content that we have put on Dragonfly (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Dragonfly sites, and copyright, trademarks, designs and other intellectual property on Dragonfly. We own all the trademarks, logos, service marks and trade names on Dragonfly (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Dragonfly Content or use any of our intellectual property in any way not expressly stated in these terms.
31. What we don’t own: We do not own the items on Dragonfly; our authors do. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the Dragonfly do not infringe the intellectual property rights of a third party.
32. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Content Policy.
Our Content Policy is where you will find all the information relating to how we treat intellectual property on Dragonfly including copyright and other rights.
Our use of your information
33. Privacy: We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the Dragonfly sites and their services, including marketing activities.
34. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the Dragonfly will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the Dragonfly, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Dragonfly to any other person.
35. Prohibited Conduct: Dragonfly is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on Dragonfly but you promise that you will not:
- use a false email address, impersonate others, or misrepresent your affiliation with others;
- attempt to gain unauthorised access to computer systems or content through the Dragonfly;
- attempt to contact other members through the Dragonfly or use any information gained from the Dragonfly with the intention to make a private arrangement that would otherwise be made using the Dragonfly;
- enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the Author Terms;
- use information gathered from or through the Dragonfly in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites);
- attempt to or actually interrupt, negatively impact or alter the Dragonfly operation in any way;
- use the Dragonfly or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the Dragonfly, other than in accordance with these terms or the license for the item.
36. We strongly recommend that you don’t make your contact details public on the Dragonfly or in any communications via the Dragonfly sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under section 35(c) – Prohibited Conduct and you do so at your risk!
37. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the use of your content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Dragonfly and any content might result in liability to us or anyone else.
38. Community participation: We take great pride in our global and thriving community—it’s part of what makes the Dragonfly such a friendly place. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on Dragonfly, please read the Community Guidelines, as you agree to follow them as part of these terms.
Linking; apps made by others
39. Linking to Dragonfly: Great. Link away, just keep in mind we’d appreciate that you abide by the following guidelines: no “in-line” linking methods resulting in images hosted on Dragonfly being displayed on other sites. No use of a “frame” of any Dragonfly pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Dragonfly be discontinued, and to revoke your ability to link to the Dragonfly.
40. Links from the Dragonfly: The Dragonfly sites may contain links to other non-Dragonfly sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
41. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Dragonfly. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
42. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We hope that you will be with us for a long time. But we do reserve the right, based on our reasonable discretion, to determine whether or not your use of Dragonfly complies with these terms. We can suspend or terminate your Dragonfly account at any time for any reason (acting reasonably of course), including if you don’t comply with these terms.
Our indemnity to you
43. We provide Dragonfly, not the items on Dragonfly. We are liable and responsible for:
- our use of the Dragonfly;
- the services, messages, Dragonfly Content, software or other information we send through Dragonfly;
- Dragonfly Content breaching of any intellectual property rights belonging to others;
- our breach of these terms;
- our breach of any industry code, regulation or law that applies.
44. You have no responsibility to us for, and we agree to indemnify you from, all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the previous section 43 – Our indemnity to you.
Your indemnity to us
45. You are liable and responsible for:
- your use of the Dragonfly;
- the items, message, content, information, software or other materials you send through Dragonfly;
- your content breaching any intellectual property rights belonging to others;
- your breach of these Dragonfly Terms;
- your breach of any license of an item;
- your breach of any industry code, regulation or law that applies.
46. We have no responsibility to you or to any other person for all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the previous section 45 – Your indemnity to us and you agree to indemnify us, our directors, officers, employees and agents from all losses.
This means that you protect us from costs and claims that happen because of your actions on the site.
47. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
48. Availability: We strive to have the Dragonfly available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access the Dragonfly, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Dragonfly works. We will not be liable to you for any loss you suffer as a result of these things.
49. Third party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
50. Disclaimer: In some places there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these terms and we are not bound by implied terms. Except as provided in a non-excludable law, our and each author’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at our or the author’s option, to either replacement or paying the cost of replacement.
51. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of the authors’ providing warranties to buyers in section 20 – What authors promise you about items and the disclaimer of authors’ liability to buyers in section 50 – Disclaimer.
52. Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your Dragonfly account email address.
53. Changes to Dragonfly Terms: Although we can change any of our terms at any time we will take reasonable steps to let you know when we do so.
54. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
55. Applicable Laws: We control and operate the Dragonfly from our offices in Ontario, Canada. The laws of Ontario, Canada govern these user terms, and you submit to the jurisdiction of the courts there.
a member who makes items available for sale on Dragonfly.
End User/End Viewer:
a member who ‘Views’ items on Dragonfly and/or Dragonfly text messaging services.
is all the content that we have put on Dragonfly and includes the design, compilation, and look and feel of the Dragonfly, and copyright, trademarks, designs and other intellectual property on the Dragonfly (unless otherwise stated and excluding content owned by others like Author content).