PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective Date: November 11, 2020
1. Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on DIAMBRA website, by sending you an email, or by some other means. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
2. What about my privacy?
3. What are the basics of using DIAMBRA?
You may be required to sign up for an account, and select a password and username/battle-name (“DIAMBRA User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your DIAMBRA User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. In the spirit of fairness, you may not have or control more than one active DIAMBRA User ID and participate in Competitions (defined below). If we determine that you are operating under more than one DIAMBRA User ID, we may disqualify you from any Competition without notice and revoke access to your DIAMBRA User ID.
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity), but you are still required to sign up each individual user from your organization with a DIAMBRA User ID. You are not allowed to allow multiple individuals to operate under one DIAMBRA User ID, even if you are an organization or entity.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.
You will keep all your registration information accurate and current. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
4. Are there any additional restrictions on my use of the Services?
Yes. You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:
- Violates the Acceptable Use Policy;
- Is harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
Without limitation to any other remedies available to DIAMBRA, a violation of any of the foregoing is grounds for termination of your right to use or access the Services. We reserve the right to remove any Content or User Submissions from the Services at any time, for any reason (including if someone alleges you contributed that Content in violation of these Terms), and without notice.
5. What are my rights in DIAMBRA?
The materials displayed or performed or available on or through the Services, including text, graphics, data, articles, photos, images, illustrations, and User Submissions (collectively, the “Content”), are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including DIAMBRA’s) rights.
You understand that DIAMBRA owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply — they do!
6. Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. We aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute to the Services, and you represent and warrant you have all rights necessary to do so.
DIAMBRA has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, DIAMBRA will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that DIAMBRA will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that DIAMBRA is under no obligation to become involved. If you have a dispute with one or more other users, you release DIAMBRA, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services.
7. What are the rules for competitions on DIAMBRA?
Subject to these Terms and any contract with DIAMBRA, a user may host (“Host User”) a skills-based competition or challenge on the Services (“Competition”) for other users to participate in such Competition (“Participant User”). Competitions are subject to separate Competition Rules (defined below) that are established by the Host User. Competitions, except as related to Simulations, exclude games of chance. You may not use or attempt to use the Service to host any such game of chance. Competitions are open worldwide, except if you are a resident of Crimea, Cuba, Iran, Syria, North Korea, Sudan, or any other place prohibited by law you may not enter any Competition. Certain Competitions may also have further geographic or age restrictions and be open only to residents of certain countries.
The Host User must conspicuously display the Metric within the Competition Rules. The Host User must select an objective Metric and must apply that Metric impartially to each Team’s (defined below) selected entries. In selecting a winner, the Host User must apply the Metric and select the Participant Users with the best rankings based on the Metric.
The Host User and each Participant User will comply with all Competition Rules. The Host User (including any user from Host User’s organization) may not compete in its hosted Competition nor cancel a Competition without first contacting us and receiving our consent to such cancellation. Any participation by a Host User (or any user from Host User’s organization) in its hosted Competitions is done so on an ineligible basis (e.g. they cannot receive a prize) and will not otherwise affect the selection of the Winning Entry.
Subject to the Competition Rules, Participant Users may collaborate as a team as long as each such Participant User confirms its team membership through the Service and does not participate on more than one team for a specific Competition (“Team”). To be clear, you may not participate on more than one team per Competition. Subject to the Competition Rules, Teams may, however, merge with other Teams, but the merged Team will be responsible for all past entries by the component Teams. If your Team wins a Competition, the prize for winning will be distributed equally amongst the members of the winning Team, unless we receive identical requests for unequal prize splits from every member of the Team.
You may be a Host User or a Participant User for a specific Competition (but not both!). A Competition creates a direct relationship between a Host User and a Participant User, and DIAMBRA will have no liability for any actions or content of a Host User or a Participant User. DIAMBRA may provide a Host User with a template for the Competition Rules, but such template is provided without any warranty whatsoever and the Host User is solely responsible for its Competition Rules. It is the sole responsibility of the Host User to ensure that the Competition Rules comply with applicable law.
You acknowledge and agree that DIAMBRA may, without any liability but without any obligation to do so, remove or disqualify a Participant User, a Host User or a Competition if DIAMBRA believes that such Participant User, Competition or Host User are in violation these Terms or otherwise pose a risk to DIAMBRA, the Service or another user of the Service.
Regardless of anything to the contrary, Participant Users acknowledge and agree that DIAMBRA and Host Users have no obligation to hold a Competition Entry in confidence or otherwise restrict their activities based on receipt of such Competition Entry. DIAMBRA has no obligation to become involved in disputes between users (for example, between a Participant User and a Host User) or between users and any third party relating the use of the Services. Except for DIAMBRA hosted Competitions, DIAMBRA does not oversee Competitions (including the selection of Winning Entries) and does not endorse any content users submit to the Services. When you host or participate in a Competition, you release DIAMBRA from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access or submit via the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party.
8. What are Environments?
Users may upload agents to the Services. An “Environment” will accept the agent’s actions and generate a new state. An episode is an Environment running one or more agents until done. The agent’s activity in an episode may be available for viewing and download.
Each Environment may be subject to additional rules, for example, describing how many agents are needed to participate in an episode, how an agent’s performance is better or worse, and the final outcome needed for an episode to be done. Each episode may be part of a larger grouping of multiple episodes, for example as part of a Competition, but an Environment by itself is not a Competition. DIABRA will adopt different rules for different competitions, that will be grouped in the following categories (that can be expanded):
- Single player competitions: each submitted agent will face the Environment itself,
- VS competitions: agents are will compete one against the other. DIAMBRA will use specific ranking and matching algorithms to determine the order and frequency at which a user’s agent participates in an episode, as well as the number of ranking points associated with the result of that episode.
The rules for the Environment and Competition will be made accessible to the user.
Unless otherwise indicated in Specific Competition Rules, Environments provided by Competition Organizer and/or Competition Sponsor, are a mere software interface to existing videogames, and they cannot work as a standalone application. As such, they require the User, or the Competition Participant, to own software elements protected by copyright, and to interface them with the Environment itself. It is the case, for example, of Game ROMS required to execute the correspondent Game-related Environment. In such cases, it is sole an only responsibility of the User, or Competition Participant, to comply with all the laws and regulations, and to make sure he has the right to use such copyright-protected material. Competition Organizer and Competition Sponsor will spend their maximum effort in avoiding illegal distribution of such material, and are by no mean responsible for copyright infringement.
9. Do I have to grant any licenses to DIAMBRA or to other users?
For all User Submissions, you grant DIAMBRA a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile device as well as a computer), distribute and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. You acknowledge and agree that DIAMBRA, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of communication networks, devices, services, or media, and the licenses you grant under these Terms include the rights to do so. You also agree that all of the licenses you grant under these Terms are royalty-free, perpetual, irrevocable, and worldwide. These are licenses only - your ownership in User Submissions is not affected.
If you store a User Submission in your own personal DIAMBRA account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant DIAMBRA the license stated in the second paragraph of this Section 9, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so. If you share a User Submission in a manner that only allows certain specified users to view it (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant DIAMBRA the license stated in the second paragraph of this Section 9, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services or in a manner that allows more than just you or certain specified users to view it, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Services (each a “Public User Submission”), then you grant DIAMBRA the license stated in the second paragraph of this Section 9, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all DIAMBRA users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you are a Participant User and submit an entry to a Competition (“Competition Entry”), then you grant DIAMBRA and its designees a worldwide, non-exclusive, sub-licensable, transferable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your winning Submission and the source code used to generate the Submission, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without further approval by or payment to you.
If you and DIAMBRA agree (separate from these Terms) that DIAMBRA will assist you in setting up and managing your Competition, then in addition to the licenses stated above you also grant DIAMBRA a royalty-free, perpetual, irrevocable, and worldwide license to set up and manage your Competition, including your User Submissions for the Competition. DIAMBRA will have no liability regarding the applicable Competition, Content or User Submissions and these Terms will apply, except if you and DIAMBRA have executed a separate written agreement governing competitions or services (“Existing Agreement”), in which case the Existing Agreement will govern the Competition.
10. What if I see something on the Services that infringes my copyright?
You may have heard of the DIRECTIVE (EU) 2019 / 790 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, as it relates to online service providers, like DIAMBRA, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
11. Will DIAMBRA ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.
12. Does DIAMBRA cost anything?
The DIAMBRA Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period to avoid being charged for that Paid Service. If you cancel before the end of the trial period and are inadvertently charged for a Paid Service, please contact us through DIAMBRA Support.
13. What if I want to stop using DIAMBRA?
DIAMBRA is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. DIAMBRA has the sole right to decide whether you are in violation of any of the restrictions in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms will survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
14. What else do I need to know?
Warranty Disclaimer. Neither DIAMBRA nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services (including Competitions), and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from DIAMBRA or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY DIAMBRA (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL DIAMBRA (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ( A ) ANY INDIRECT, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR ( B ) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) €100 OR (II) THE AMOUNTS PAID BY YOU TO DIAMBRA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR ( C ) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you will defend, indemnify and hold DIAMBRA, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims (including from other users) relating to ( A ) your submissions to the Services including any Content, User Submissions or Competitions, ( B ) your use of the Services (including any actions taken by a third party using your account), and ( C ) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without DIAMBRA’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
15. About These Terms
These Terms control the relationship between DIAMBRA and you. They do not create any third party beneficiary rights.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other part of the Terms.
The laws of Italy will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the court of Cagliari Italy, and you and DIAMBRA consent to personal jurisdiction in those courts.