TERMS AND CONDITIONS OF USE OF THE WEBSITE
BY ACCESSING OR USING THIS WEBSITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS OF USE, DO NOT USE THE WEBSITE.
Limited License
Dynamic Performance Publishing, Inc. (“DPP”) grants you a limited, non-sub-licensable license to access and use the Website and to view, copy and print portions of the content of the Website. Such license is subject to these Terms of Use, and specifically conditioned upon the following: (a) you may only view, copy and print portions of the content of the Website for your own informational, personal and non-commercial use; (b) you may not modify or otherwise make derivative uses of the Website, the content of the Website, or any portion thereof; (c) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed on the Website or in the content of the Website; (d) you may not employ any data mining process or similar data gathering or extraction methods; (e) you may not use the content of the Website other than for informational, personal and non-commercial use; (f) you may not use any method to break, slow-down, or hamper the operations of the Website; and (g) you may not reproduce, prepare derivative works from, distribute or display the website or any content of the Website, except as provided herein. Except as expressly permitted above, any use of any portion of the Website or the content of the Website without the prior written permission of DPP is strictly prohibited and will terminate the license granted herein.
Nothing in these Terms of Use may be construed as conferring any ownership or license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Furthermore, you represent and warrant that your use of the Website and content of the Website will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify DPP against any liability to any person arising out of your use of the Website and/or the content of the Website not in accordance with these Terms of Use.
Links to the Website
If you operate a web site and wish to link to the Website, you may link only to the home page, and not to any other page or sub-domain of the Website without DPP’s express written consent. You may not frame or utilize framing techniques that involve any portion of the Website without DPP’s express written consent. You may not alter or modify in any way the Website, including but not limited to use of software to suppress or alter the display of advertising on the pages of the Website.
Interactive Areas of the Website
The Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Website (“Interactive Areas”). If the Website provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following: (a) Any message, data, files, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security, Social Insurance numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; (h) User Content that is unrelated to the topic of the Interactive Area(s) in which such User Content is posted; or (i) User Content that, in the sole judgment of the Website and/or DPP, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website.
Rights to User Content
By posting or distributing User Content to or through the Website, unless we indicate otherwise, you (a) grant DPP and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised; (b) grant DPP and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Content to or through the Website; (ii) such User Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant DPP the right to pursue at law any person or entity that violates your or DPP’s rights in the User Content by a breach of these Terms of Use.
User Content is non-confidential and DPP is under no obligation to treat User Content as proprietary information. Without limiting the foregoing, DPP reserves the right to use User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. DPP is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to the Website and/or DPP.
Advertisements and Promotions
DPP may run advertisements and promotions, including third party advertisements and promotions, on the Website. By visiting the Website, you understand and agree that you will be exposed to advertisements and other solicitations.
Your business dealings or correspondence with, or participation in promotions of advertisers other than the Website and DPP, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The Website and DPP are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DPP, THE WEBSITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DPP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE. DPP DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE WEBSITE, THE WEBSITE CONTENT OR ANY PORTION THEREOF.
DPP IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO CONTENT, TEXT, OR PHOTOGRAPHY. WHILE DPP ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE SAFE, DPP CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LIMITATION OF LIABILITY
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST DPP, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT DPP HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE WEBSITE. YOU USE THE WEBSITE AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER DPP NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY WEBSITE CONTENT OR OTHER INFORMATION OBTAINED FROM DPP OR ACCESSIBLE VIA THE WEBSITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE AND/OR DPP’S RECORDS, PROGRAMS OR SERVICES.
