Website Terms of Service
THE DCD WEBSITE
The DCD Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the DCD Website is the property of DCD or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. DCD hereby grants you a limited, nonexclusive, non-transferable, personal license to use the DCD Website for personal or informational purposes only. You may NOT print and/or download and store portions of DCD Website for personal use. Unless authorized by DCD in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the DCD Website for any purpose. All rights not expressly granted herein are reserved to DCD and/or its licensors.
To use certain features of the DCD Website or participate in certain activities sponsored by DCD, we might ask you to register as a customer, user or participant. If so requested, each DCD Website user must: (1) personally provide true, accurate, current and complete information on the DCD Website’s registration form (the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, DCD has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, DCD may suspend or terminate any and all current or future use of the DCD Website by that user. A user may receive passwords and account designations upon completing certain DCD Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
The DCD Website may include the following interactive services: product reviews and/or other message or communication facilities. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to DCD or the DCD Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to DCD to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. DCD has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. DCD shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers violating the Terms or be otherwise illegal. DCD, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of DCD Website users and the public.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the DCD Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the DCD Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this DCD Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from DCD; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. DCD shall not be liable in any way for any Content.
DCD may terminate your use of the DCD Website for: (1) breach of these Terms; (2) your abuse of DCD Website resources or attempt to gain unauthorized entry to the DCD Website; or (3) as required by law, regulation, court or governing agency order. DCD’s termination of any user’s access to the DCD Website may be affected without notice and, on such termination, DCD may immediately bar any further access to the DCD Website. DCD shall not be liable to any user or other third party for any termination of that user’s access to the DCD Website.
The DCD Website may provide links to other websites. DCD exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER’S USE OF THE DCD WEBSITE IS AT HIS OR HER SOLE RISK. THE DCD WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DCD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DCD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE DCD WEBSITE. IN NO EVENT SHALL DCD’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OR OTHERWISE EXCEED $10.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Terms constitute the entire agreement between each user and DCD regarding the user’s access and use of the DCD Website and govern each user’s use of DCD Website, superseding any prior agreements. The Terms and the relationship between each user and DCD shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the County of Baltimore, Maryland. This DCD Website is controlled and operated by DCD from its offices within the State of Maryland, United States of America. DCD makes no representation that materials in the DCD Website are appropriate or available for use in other locations. Those who choose to access this DCD Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between DCD and any user.
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