This Agreement governs your personal use of the DMC network Site and the Content and Services available on the Site.
Member Eligibility: License
You represent and warrant that (i) all registration information you submit is truthful and accurate, and agree to maintain the accuracy of such information, (ii) you are eighteen (18) years of age or older, and (iii) your use of the Site and the Services shall not violate any applicable law or regulation.
Sign-In Name and Password Policy
During the registration process for the Site, you may be asked to input a unique sign-in name ("Sign-In Name") and a password ("Password"). In the event that a Sign-In Name and Password are required: (i) each Sign-In Name and corresponding Password can only be used by one Member; (ii) you are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use or misuse of the Site using your Sign-In Name and Password; (iii) you agree to notify us immediately if you become aware of any loss, theft or unauthorized use of your Sign-In Name or Password and we reserve the right to delete or change one or both of them at any time and for any reason.
You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, "mine" or copy the web pages on the Site or the Content, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or the Service, or (iii) take any action that imposes an unreasonable or disproportionately large load on DMC network's infrastructure.
Intellectual Property Rights in the Site
You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of DMC network or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
DMC network and One Relationship. Many Destinations. are trademarks and service marks of DMC network (collectively the "DMC network Trademarks"). Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to DMC network. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of DMC network Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of DMC network Trademarks will inure to our benefit.
Linking and Framing
We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website.
If you believe this Site contains Content that infringes your copyright, please see our Copyright Infringement Notification Procedures.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to DMC network through this Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. DMC network, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, DMC network and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting DMC network a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Links to Other Web Sites
This Site may periodically provide links to third party websites ("Third-Party Sites") as well as other websites operated by DMC network ("Other DMC network Sites"). This Agreement governs only this Site and not any Third Party Sites or Other DMC network Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site.
Advertisements on this Site
DMC network, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by DMC network. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.
Security of the Site
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. DMC network reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. DMC network will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF DMC NETWORK, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "DMC NETWORK PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE DMC NETWORK PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE DMC NETWORK PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
No Responsibility for Connectivity
You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY OF THE DMC NETWORK PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE DMC NETWORK PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES. IN SUCH JURISDICTIONS THE DMC NETWORK PARTIES' LIABILITY IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DMC NETWORK FOR THE SERVICES DURING THE TERM OF YOUR MEMBERSHIP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
You are solely responsible for all Content published or displayed through use of your account. You agree to make DMC network whole for any and all claims, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Site, the Content, the Services, or any violation of this Agreement.
Use of Personal Data
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Site at any time without prior notice or liability. You may terminate this Agreement at any time upon the provision of written notice to us. Your access to the Member portions of the Site will be terminated with twenty four hours of our receipt of your notice of termination.
Electronic Communications and Contracting
In the event that any portion of this Agreement is held to be invalid or unenforceable, such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Disclaimer of Warranties, Limitation of Liability, Indemnification and Miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release DMC network Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, except with regard to its conflicts or choice of law rules. This Agreement, contains the entire agreement of the parties concerning for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by DMC network.
Copyright Infringement Notification Procedures
If you believe that any Content or posting on the Site violates yours or a third party's copyright, please notify DMC network by providing the following information to the copyright agent identified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.