2. DoublePositive’s Products and Services. Company does not charge any fees for your access to the Site. Company does charge fees for your use of Company’s products and/or services. All sales of products and/or services are subject to Company’s terms and conditions of sale, a copy of which is available upon request. In the course of using the Site, you may be required to sign up as a member of the Site and/or required to enter certain information or to email certain information to Company. You agree to provide Company with correct information, and to promptly provide Company with updates to such information as may be necessary or appropriate.
Not Endorsements. A link from the Site to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. Company expressly disclaims any liability related to such sites.
Unauthorized Links. Company prohibits unauthorized hypertext links to the Site or the framing of any content available through the Site. Company reserves the right to disable any unauthorized links or frames.
5. Site Use Restrictions. You will not (i) post on or transmit to the Site any defamatory, libelous, obscene, pornographic, profane, threatening, infringing, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law, or equitable principles, or otherwise violate any law; (ii) modify, perform, mirror, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away, or donate any information obtained from the Site or portions thereof; or (iii) use the Site in any manner that violates any applicable federal, state, local, and/or international laws, regulations, orders, or other restrictions.
7. Use Monitoring. Company is not obligated to monitor your or any other user’s use of the Site; such responsibility rests solely with you. Company reserves the right to monitor your use of the Site and to restrict or terminate your use of the Site or modify or remove any information found on the Site for any reason or no reason in Company’s sole judgment.
9. Password. In using the Site, you may be assigned a password. You are responsible for maintaining the security of your password. Company is not liable for any loss that you may suffer through the use of your password by others. You shall notify Company immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Site.
10. Feedback is the Property of Company. To the extent permitted by applicable law, by sending any comments or materials (collectively “Feedback”) to Company, including without limitation questions, submissions, suggestions, ideas, postings, comments, or the like, or posting Feedback to the Site, you grant Company a perpetual, non-revocable, transferable, unrestricted, non-exclusive, absolute, royalty-free, worldwide license to use the Feedback in any format or media now or hereafter known. Company shall have no obligation of any kind with respect to such Feedback and shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, create derivative works, distribute the Feedback to others, and otherwise exploit the Feedback without limitation, in whole or in part, alone or in conjunction with other materials, as well as the right to attempt to do so or permit others to do so or attempt to do so. Further, Company shall be free to use any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating any Feedback.
11. Notices and Procedure for Making Claims of Copyright Infringement. Company will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Written notification of claimed copyright infringement should be submitted to Company’s designated agent using the following contact information: [NAME OF AGENT, ADDRESS, PHONE NUMBER & EMAIL ADDRESS – MUST ALSO REGISTER WITH COPYRIGHT OFFICE FOR $30].
12. Representation and Warranty Disclaimer. THE SITE AND ALL INFORMATION ON THE SITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH COMPANY, WHICH YOU MAY VISIT THROUGH THE SITE, ARE PROVIDED “AS IS” AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM; OR (IX) THAT ALL SERVICES OFFERED BY COMPANY WILL BE AVAILABLE IN ALL MARKETS. EFFORTS BY COMPANY TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW OR LIMITS THE EXCLUSION OF WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Dispute Resolution (Arbitration Clause).
16. Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “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” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
19. Viewing Outside the United States. Company makes no claims that the Site may be lawfully viewed, accessed, or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Last Updated on September 7, 2006