Legal Terms And Conditions
1. PrivacyPlease review our Privacy Statement,
which also governs your visit to the website, so that
you may understand our privacy practices. 2. Intellectual PropertyAll content available on the website,
including, but not limited to, text, graphics, logos,
button icons, images, audio clips, data compilations,
and software, and the compilation thereof (the
"Content") is the property of D'COR Magazine, our
affiliates, our partners or our licensors, and is
protected by United States and international copyright
laws. The trademarks, logos, and service
marks displayed on the website (collectively, the
"Trademarks") are the registered and unregistered marks
of D'COR Magazine, our affiliates, our licensors or our
partners, in the United States and other countries, and
are protected by United States and international
trademark laws. All other Trademarks not owned by us,
our affiliates, our partners or our licensors that
appear on the website are the property of their
respective owners, who may or may not be affiliated
with, connected to, or sponsored by us. Except as set forth in the limited
license in Section 3 below, or as required under
applicable law, neither the Content, the Trademarks, nor
any other portion of the website may be used,
reproduced, duplicated, copied, sold, resold, accessed,
modified, or otherwise exploited, in full or in part,
for any purpose without our prior written consent. 3. Limited LicenseWe grant you a limited, revocable, and
non-exclusive license to access and make personal use of
the website. Please note that you may not frame or
utilize framing techniques to enclose the website or any
portion thereof without our prior written consent. The limited license set forth in this
Section 3 does not include the right to: (i) modify or
download the website or its contents (except caching or
as necessary to view content); (ii) make any use of the
website or its Content other than for personal use;
(iii) create any derivative work based upon either the
website or its Content; (iv) collect account information
for the benefit of another party; (v) use any meta tags
or any other "hidden text" utilizing our name or the
Trademarks without our express written consent; or (vi)
use software robots, spiders, crawlers, or similar data
gathering and extraction tools, or take any other action
that may impose an unreasonable burden or load on our
infrastructure. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website for personal, non-commercial use only. A website that links to the website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; (vii) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the
website terminates the limited license set forth in this
Section 3 without prejudice to any other remedy provided
by applicable law. 4. Your AccountIf you use the website, you are
responsible for maintaining the confidentiality of your
account and password and for restricting access to your
computer, and you agree to accept responsibility for all
activities that occur under your account or password. If
you are accessing and using the website on someone
else's behalf, you represent that you have the authority
to bind that person as a principal to all the Terms and
Conditions provided herein, and you agree to accept
liability for harm caused by any wrongful use of the
website resulting from such access or use. We reserve
the right to refuse service, terminate accounts, or
remove or edit content, for any reason, in our sole
discretion without prior notice. 5. Third Party LinksWe are not responsible for the content
of any off-website pages or any other websites linked to
or from the website. Links appearing on the website are
for convenience only and are not an endorsement by us,
our affiliates or our partners of the referenced
content, product, service, or supplier. Your linking to
or from any off-website pages or other websites is at
your own risk. We are in no way responsible for
examining or evaluating, and we do not warrant the
offerings of, off-website pages or any other websites
linked to or from the website, nor do we assume any
responsibility or liability for the actions, content,
products, or services of such pages and websites,
including, without limitation, their privacy statements
and terms and conditions. You should carefully review
the terms and conditions and privacy policies of all
off-website pages and other websites that you visit. 6. SubmissionsWe welcome inquiries or feedback on
our service however, it is our policy to decline
unsolicited suggestions and ideas. Notwithstanding our
policy with regard to unsolicited suggestions and ideas,
any inquiries, feedback, suggestions, ideas or other
information you provide us (collectively, "Submissions")
will be treated as non-proprietary and non-confidential.
Subject to the terms of our Privacy Statement, by
transmitting or posting any Submission, you hereby grant
us a nonexclusive, royalty-free, perpetual,
transferable, irrevocable, and fully sublicensable right
to use, reproduce, modify, adapt, publish, sell, assign,
translate, create derivative works from, distribute, and
display any Submission in any form, media, or
technology, whether now known or hereafter developed,
alone or as part of other works. You also acknowledge
that your Submission may not be returned and we may use
your Submission, and any ideas, concepts or know how
contained therein, for any purpose including, without
limitation, developing, manufacturing, distributing and
marketing products. If you make a Submission, you
represent and warrant that you own or otherwise control
the rights to your Submission. You further represent and
warrant that such Submission does not constitute or
contain software viruses, commercial solicitation, chain
letters, mass mailings, or any form of "spam." You may
not use a false e-mail address, impersonate any person
or entity, or otherwise mislead us as to the origin of
any Submission. You agree to indemnify us for all claims
arising from your claims to any rights in any
Submission. 7. Representations and Warranties; Limitation of LiabilityTHE WEBSITE IS PRESENTED "AS IS." WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE
TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT
LEGALLY EXCLUDABLE. YOU AGREE THAT WE WILL NOT BE
RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY
(a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR
ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA
NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT
INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF
OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES,
SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN
CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING
DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f)
EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE MAXIMUM EXTENT
PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED
ONE HUNDRED DOLLARS ($100.00). 8. IndemnificationYou agree to defend, indemnify and
hold us harmless for any loss, damages or costs,
including reasonable attorneys' fees, resulting from any
third party claim, action, or demand resulting from your
use of the website. You also agree to indemnify us for
any loss, damages, or costs, including reasonable
attorneys' fees, resulting from your use of software
robots, spiders, crawlers, or similar data gathering and
extraction tools, or any other action you take that
imposes an unreasonable burden or load on our
infrastructure. 9. DisputesWith respect to any dispute regarding
the website, your rights and obligations and all actions
contemplated by these Terms and Conditions shall be
governed by the laws of State in which we operate , as
if the Terms and Conditions were a contract wholly
entered into and wholly performed within State in which
we operate . Any dispute relating in any way to your
visit to the website shall be submitted to confidential
arbitration in the State of which we operate, except
that, to the extent you have in any manner violated or
threatened to violate our intellectual property rights,
we may seek injunctive or other appropriate relief in
the State of which we operate, and you consent to
exclusive jurisdiction and venue in such courts.
Arbitration under this Agreement shall be conducted
under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class
arbitration proceedings or otherwise. 10. GeneralYou acknowledge and agree that these
Terms and Conditions, together with our Privacy
Statement, constitute the complete and exclusive
agreement between us concerning your use of the website,
and supersede and govern all prior proposals,
agreements, or other communications. We reserve the right, in our sole
discretion, to change these Terms and Conditions at any
time by posting the changes on the website. Any changes
are effective immediately upon posting to the website.
Your continued use of the website constitutes your
agreement to all such terms and conditions. We may, with
or without prior notice, terminate any of the rights
granted by these Terms and Conditions. You shall comply
immediately with any termination or other notice,
including, as applicable, by ceasing all use of the
website. Nothing contained in these Terms and
Conditions shall be construed as creating any agency,
partnership, or other form of joint enterprise between
us. Our failure to require your performance of any
provision hereof shall not affect the full right to
require such performance at any time thereafter, nor
shall our waiver of a breach of any provision hereof be
taken or held to be a waiver of the provision itself. In
the event that any provision of these Terms and
Conditions shall be unenforceable or invalid under any
applicable law or be so held by any applicable court
decision, such unenforceability or invalidity shall not
render these Terms and Conditions unenforceable or
invalid as a whole. We will amend or replace such
provision with one that is valid and enforceable and
which achieves, to the extent possible, our original
objectives and intent as reflected in the original
provision. 11. Contacting UsIf you have questions about these
Terms and Conditions, please contact us by email at
legal@dcormagazine.com . |
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