Terms & Conditions
Last Updated: April 4, 2010
This website (this "Site") is owned and operated by Dather ("Company" or "our" or "we"). This Site consists of services and content provided by Company, our affiliated entities and third parties.
THE MATERIALS, PRODUCTS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
COMPANY ASSUMES NO LIABILITY IN CONNECTION WITH ANY USE OF THIS SITE. USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER COMPANY, COMPANY AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS, ASSIGNEES OR LICENSEES (COLLECTIVELY, THE "COMPANY PARTIES") WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
4. Limitation of Liability
IN NO EVENT WILL COMPANY, THE COMPANY PARTIES OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
5. Your Conduct
A. You agree to use this Site for non-commercial, lawful purposes only and shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without Company’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that, in Company’s sole discretion, restricts or inhibits any other user from using or enjoying this Site will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to: (i) propagation of computer worms, viruses and other such malicious code, (ii) using (directly or indirectly) this Site or its computer network to make unauthorized entry to any other machine accessible through this Site or its computer network, and (iii) use of this Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on-line services. Without limiting any other rights or remedies of Company, violations of the foregoing may result in removal of any prohibited communications and/or termination of your access to this Site.
B. You understand and agree that access to this Site may result in access to other user's names, screen names, email addresses or other user information (collectively, "User Information"), and you acknowledge and agree that such User Information and any Company services and/or any software used in connection with Company services ("Software") constitute proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You agree not to disclose or otherwise use any proprietary or confidential information appearing on this Site without the prior written consent of Company, whether such information is labeled "confidential" or "proprietary" or could reasonably be regarded as confidential or proprietary.
C. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this Site are copyrighted as a collective work under the United States copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on this Site will be permitted without the express permission of Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge and agree that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.
D. You shall not upload, post, submit or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site, or otherwise submitting materials to Company, you automatically grant, or warrant that the owner of such material has expressly granted Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sub-license such material (in whole or in part, through multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for their personal use. Please note that Company does not want to receive confidential information from any user and any information received will be deemed NOT confidential or proprietary.
E. The foregoing provisions of this Section 5 are for the benefit of Company, Company affiliated companies and its third party content providers, assignees and licensees and each shall have the right to assert and enforce such provisions directly or on its own behalf.
10. Intellectual Property
All Company graphics, logos, designs, page headers, button icons, scripts and service names (jointly referred to as “Company Marks”) regardless of whether display on the Site are the exclusive property of Dather All rights reserved. Company Marks and trade dress may not be used, including as part of trademarks or domain names, in connections with any product of service that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without the prior written permission of Company.
11. Third Party Content
Company is a distributor (and not a publisher) of content supplied by third parties and users of this Site. Accordingly, Company has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of this Site are those of the respective author(s) or distributor(s) and not of Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Refer to Sections 3 and 4 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider or users not under contract with Company. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site. Under no circumstances will Company 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 any information, opinion, advice or other content available through this Site.
13. Copyright Complaints