The Site and Services are based in the United States. They are not designed or customized for any other country, and may not comply with all laws, rules, and regulations of any country other than the United States. DII expressly disclaims any liability for use of the Site or Services outside of the United States, which may violate any law, rule, or regulation of any foreign jurisdiction. If you don’t agree to these Terms of Use, please don’t use this Site or Services.
Any dispute or claim relating in any way to your use of the Site or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporate Services Company, at mailing address 251 Little Falls Drive, Wilmington, DE 19808-1674. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, DII will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.
DII and you hereby agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, DII and you each waive any right to a jury trial. DII and you also both agree that DII or you may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
1. DEFINED TERMS
CONTENT: For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, interactive features generated, illustrations, apps, provided, images, audio, and video. The types of Content editors are authorized to use on the Site and Services include Content commissioned by DII, embedded Content, or Content we believe to be covered by the fair use doctrine, as such doctrine is defined in and understood pursuant to the United States Copyright Act and the Lanham Act, or otherwise made accessible on or through the Site and Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content: All Content added, created, uploaded, submitted, distributed, or posted to the Site or Services by users (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You own all of your User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the Site or Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
2. REGISTERING A USERNAME AND ACCOUNT ACTIVITY
You will need a username to use some Services of DII. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our Services. If you register with us, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password-protected portion of the Services using your name in whole or in part. DII reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
To register a username and create an account, you must be at least 13 years of age. You must give us true and accurate information about yourself and keep that information up to date.
You may be able to use an e-mail address or other online identifier provided to you by someone other than us as a username. You are responsible for maintaining security and control over any e-mail address or online identifier provided to us as a username. If you fail to maintain security or control over such an e-mail address or other online identifier, you are responsible for any consequences and may lose access to your personal information and any data stored on our Site or Services. Also, we are not responsible for the release or loss of any information that is identified with that address or identifier.
An individual Service may require you to sign in and use the Service periodically to remain active on that Service. If you fail to remain active on a specific Service, we may deactivate your access and use of that Service. Should we terminate or deactivate your account for inactivity or any other reason, we have no obligation to retain, store, or provide you with any data, information, e-mail, or other content that you uploaded, stored, transferred, sent, mailed, received, forwarded, posted or otherwise provide to us (collectively “posted” or “post”) on the Site or Services and may allow another user to register and use the username. We also have no obligation to remove any public data, content, or other information that you posted on the Site or Services or to reactivate your account.
3. OWNERSHIP OF SITE CONTENT
Unless otherwise explicitly specified, all Content that are included in or are otherwise a part of the Site or Services (including past, present and future versions of the Site or Services), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; games; contests; technology; applications; widgets; artwork; information; data (including source and object code); compilations; advertising copy; logos; domain names; DII logos, trademarks and services marks, and any other DII product and service names that are trade identities of DII (the ” DII IP”); are owned, controlled or licensed by DII, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by DII, no rights (either by implication, estoppel, or otherwise) are granted to you.
You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid, or abet in contesting or challenging the validity or ownership of the DII IP, or take any action whatsoever in derogation of DII ‘s rights therein. You acknowledge and agree that you will not acquire or claim any rights in the DII IP, or aid or abet anyone else in doing so.
The DII IP may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of DII, unless and except as is expressly provided in these Terms. Any other use of the DII IP without the prior written authorization of DII is strictly prohibited.
To seek the written authorization of DII for reproductions of DII IP, please contact us at hi@detroitisit.com.
4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Site or Services for any purpose or in any manner that infringes the rights of any third party. DII encourages you to report any content on the Site or Services that you believe infringes your rights. Only the Content owner, or any person authorized to act on the Content owner’s behalf, may report potentially infringing content. If you have a good faith belief that content on the Site or Services infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
We comply with the parts of the Digital Millennium Copyright Act that are applicable to internet service providers (17 U.S.C. §512, as amended). If you think that Content uploaded to or posted on the Site or Services infringe any of your copyrights, you may contact our Designated Agent at:
To file a notice of infringement with us, you must provide a written communication to DII via email at hi@detroitisit.com. Any notice that alleges Content hosted by or distributed through the Site or Services infringe intellectual property rights must include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other rights that are alleged to be infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the Content that you claim is infringing and where it is located on the Site or Service; your address, telephone number, and email address;
- a statement from you that you have a good faith belief that the use of the Content on the Site or Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We will terminate (without notice) the accounts of users that we find are “repeat infringers,” which is a user who has been notified of infringing activity more than twice or has had infringing User Content removed from the Site or Services more than twice.
5. INFORMATION/CONTENT YOU SUBMIT
DII’s Site or Service may provide you with the opportunity to participate in message boards, chat rooms, and other public areas (“Community Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast to DII, User Content. Emails sent to any DII email address are considered DII’s property. You can read more about this in the Privacy Policy, but all correspondence is considered available for publication. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.
Except as otherwise described in the Privacy Policy, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.
You grant to DII the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify and create derivative works of, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or later developed; and with any technology or devices now known or later developed and to advertise, market and promote the same.
You further agree that DII is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Services, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without obligation, remuneration or attribution of any kind to you or anyone else. You further perpetually and irrevocably grant DII the unconditional right to use and exploit your name and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else. You further authorize DII to publish your User Content in a searchable format that may be accessed by users of the Site and Services. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You expressly acknowledge that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from all owner(s) of having rights in such User Content to enter into these Terms of Use and grant DII these licenses. Upon DII’s request, you will furnish DII any documentation, substantiation, or releases necessary to verify your compliance with these Terms of Use. You understand that User Content need not be maintained on the Site or Services by us for any period of time and we reserve the right to delete it at any time.
All of your User Content is your sole responsibility. This means that you, and not DII, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available via the Site or Services. If you post personal information to publicly available areas of the Site or Services then you may receive unsolicited messages from third parties. Under no circumstances will DII be liable in any way for any of User Content including, without limitation, any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content.
USER COMMENTS: Users must register to comment on DII. A user must be at least 13 years old to register for DII. All comments are moderated by DII, and we reserve the right to refuse comments and to remove comment accounts entirely at our discretion, including but not limited to for alleged violation of Terms of Use.
6. WHAT DOES THIS ALL MEAN?
If you send us a picture or other submission, you are agreeing that you own whatever you sent us, and have the right to distribute and otherwise use it. In sending it to DII, you are giving us the right to feature it on our site and in any DII branded derivative work (e.g., print publications or videos) in “perpetuity,” or “for as long as we’d like to.” Payment for any submission must be agreed upon in writing by both you and DII. DII also reserves the right to take down submissions at any point.
7. VIRAL DISTRIBUTION AND WIDGETS
DII may allow you – but only through express written permission – to engage in certain personal uses of Content that include the ability to share Content with others (“Viral Distribution”). For example, the Site or Services may allow you to send Content to friends, display Content on your personal website, or post Content on third party websites (“Third-Party Sites”). We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to comply with any terms we post in connection with the Viral Distribution of Content.
Similarly, the Site or Services may provide content that you may choose to embed on your personal web page, Third-Party Sites by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Content and subject to the limited, revocable license described above for Content. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Content made available via any Widget.
You agree that you will not embed or otherwise make available a Widget on a webpage or website containing content that (i) is threatening, abusive, harassing, hateful, or racially, ethnically, or otherwise objectionable (in DII’s sole opinion). DII makes no specific warranties about Widgets. You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in the Widget or any component of the Widget (including any video player) that are designed to prevent users from copying, manipulating, or retaining the Content made available via the Widget. You also agree to not use (or attempt to use) the Widget or any component of the Widget to display content other than the Content provided or intended by DII to be displayed via a particular Widget.
NOTICE TO THIRD PARTY SITES: Any Content made available in connection with Third-Party Sites, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Content upon notice.
8. YOUR WARRANTIES
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and to comply with these Terms of Use or, if you are a minor, your parent or legal guardian has approved your participation on this Site or Services and has read and agreed to these Terms of Use on your behalf; and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms of Use.
9. USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Site or Services, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
10. ACTIVATIONS
The Site or Services may contain or offer a competition, sweepstakes, promotions, which may be governed by a separate set of rules that describe the competition, sweepstakes, or promotion (“Activations”) and may have eligibility requirements. It is your responsibility to read those rules to determine whether or not your participation, registration, or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
11. LINKING POLICY
DII grants you the revocable permission to link to the Sites and Services; provided, however, that the linked Third-Party Site : (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites (except as explicitly permitted as described in the “WIDGET” section above); (b) must not imply that DII or any Third-Party Site is endorsing or sponsoring it or its products, unless DII has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in DII’s sole opinion, harm DII or its products or Site or Services; (d) must not use any DII IP without the prior written permission from DII; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in DII’s sole opinion), and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to a Third-Party Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms of Use, DII reserves the right to prohibit linking to any Third-Party Site for any reason in our sole and absolute discretion.
12. MOBILE
The Site and Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Site or Services, receive messages from the Site or Services, download applications to your mobile phone, or access Site or Services features (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data, and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. Typically, you will text a keyword (e.g., “STOP”) to the applicable shortcode for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding DII. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify DII of any changes to your mobile number and update your account(s) on the Sites or Services to reflect this change.
13. SOFTWARE AND OTHER ITEMS AVAILABLE FOR DOWNLOAD
Any items that we make available for download or use from the Site and Services and/or our servers (the “Downloadable Items”) are the proprietary content of DII or its licensors or suppliers. Your use of the Downloadable Items may be governed by additional terms, which may be included with the Downloadable Items. Please carefully read any additional terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR DISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS SUCH REPRODUCTION OR DISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH DOWNLOADABLE ITEMS.
14. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DII NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS OR CONTRACTORS (COLLECTIVELY, ” DII PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE CONTENT ON OR PROVIDED THROUGH THE SERVICES; (C) THE WIDGETS OR DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED ON THE SITES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM DII OR VIA THE SERVICES. IN ADDITION, THE DII PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE DII PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED ON THEM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE DII PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE DII PARTIES DO NOT WARRANT THAT YOUR USE OF ANY SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE DII PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF USE.
BY ACCESSING OR USING A SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT SITE.
THE DII PARTIES DO NOT ENDORSE USER CONTENT, ARE NOT RESPONSIBLE FOR USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH A SITE.
15. DISCLAIMERS/LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE DII PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE CONTENT; (C) WIDGETS OR THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DII PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN A SITES’ TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, MOBILE PHONE OR OTHER MOBILE DEVICE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DII PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE VICE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE DII PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DII’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITES OR ANY OTHER WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE DII PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITES OR ANY OTHER WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE DII PARTIES.
BY ACCESSING A SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Certain State Laws, including the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act, N.J.S.A. § 56:12-16, do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and you may have additional rights to those contained therein. In such states, DII’s liability is limited to the greatest extent permitted by law.
16. INDEMNIFICATION
You represent and warrant to us that you hold all necessary rights to permit the use of the data from connected Third Party Sites or third party integrated services and any User Content for the purpose of these Terms of Use and agree to hold DII and our affiliates and each of our and their respective employees, agents, contractors, officers, directors, suppliers and representatives harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of any Site or activities in connection with any Site; (c) your breach or anticipatory breach of these Terms of Use; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access a Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the DII Parties’ use of your information. You will cooperate as required by the DII Parties in the defense of any claim. DII reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the DII Parties.
17. TERMINATION
DII reserves the right to terminate your access to and use of the Site or Services in its sole discretion, without notice and liability, including, without limitation, if DII believes your conduct fails to conform with these Terms of Use. You may discontinue your participation in and access to the Services at any time. We reserve the right to investigate your use of the Services in the event we, in our sole and absolute discretion, believe you have violated these Terms of Use. Upon termination, we have no obligation to retain, store, or provide you with any data, information, or other content that you uploaded, stored or transferred on or through the Services, other than as provided by law and in accordance with our Privacy Policy.
18. LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject DII to any registration requirement within such jurisdiction or country. DII controls and operates the Site or Services from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site or Services are appropriate for use or access in other locations. Anyone using or accessing the Site or Services from other locations does so on their own initiative and is responsible for compliance with the United States’, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of any Site or Services or any portion of a Site or Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from any Site or Services may be downloaded, exported or re-exported (a) into (or to a national or resident of) North Korea, Iran, Syria or any other country to which the United States has embargoed goods (“Restricted Counties”); or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders (“Restricted Individuals”). By downloading any software related to a Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any of the Restricted Countries and that you are not a Restricted Individual.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
19. GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York County, New York, except where the jurisdiction and venue are mandated by applicable law.
20. MISCELLANEOUS
These Terms of Use, inclusive of the accompanying Privacy Policy which is incorporated by reference herein, is the entire agreement between you and us with respect to the Site and Services, including use of the Site and Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Terms of Use will otherwise remain in full force and effect and enforceable. The failure of DII to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit DII’s rights with respect to such breach or any subsequent breaches. No waiver by DII of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of DII. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. DII may assign its rights and duties under these Terms of Use to any party at any time without any notice to you. These Terms of Use may not be assigned by you without DII’s prior written consent. If any provision of these Terms of Use will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms of Use will not be construed against DII by virtue of having drafted them.
21. MODIFICATION
We reserve the right, in our sole discretion, to modify or replace any part of this Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site and Services or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. Therefore, you should review these Terms of Use before using the Site and Services. The Updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the Updated Terms of Use, and will apply to your use of the Site and Services from that point forward.
