User represents and warrants that User owns or otherwise controls all of the rights to the User Data; that the User Data is accurate; that use of the User Data does not violate this policy and will not cause injury to any person or entity; and that User will indemnify DTC Worldwide for all claims related to the User Data.
By including an email address to DTC Worldwide, User consents to receive electronic communications from DTC Worldwide. DTC Worldwide will communicate with User by email or by posting notices on this Website. User agrees that all agreements, notices, disclosures and other communications that DTC Worldwide provides to User electronically, satisfies any legal requirement that such communications be in writing. User further agrees that by supplying the User’s email to DTC Worldwide, User consents to receiving email communication from DTC Worldwide.
User’s use of the Website is subject to all applicable laws and regulations. User agrees not to upload, share, post, or otherwise distribute or facilitate distribution of Content (defined below) that is, or is used, in a manner that is “Objectionable
,” including, without limitation, displaying any Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam," includes a false email address, impersonates any person or entity or otherwise misleads as to the origin of a card or other content. DTC Worldwide reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content.
“Content” is defined as including, without limitation, information, content, design, compilation, magnetic translation, digital conversion organization, communications, software, photos, video, graphics, music, sounds and other material and services that relate to the Website or that can be viewed by Users on the Website including, without limitation, message boards, chat, other original content, text, communications, software, images, sounds, data, User Data, registration data or other information.
, DTC Worldwide., DTC Worldwide and all other names, trademarks, service marks, logos, commercial symbols and styles used by DTC Worldwide in providing its products and/or services (collectively referred to as “Intellectual Property Rights”).
User is granted a nonexclusive revocable limited license to access and make personal use of the Website and not to download (other than page caching), except with express written consent of DTC Worldwide. User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DTC Worldwide so long as the link does not portray DTC Worldwide, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
User may not use any DTC Worldwide logo or other proprietary graphic or trademark as part of the link without DTC Worldwide’s express written permission.
This license does not include any resale or commercial use of this Website or its contents; any derivative use of this Website or its Content; or any use of data mining, robots, or similar data gathering and extraction tools. Notwithstanding the foregoing, User may not copy, commercialize, reproduce, modify, republish, upload, post, transmit, or distribute any of the Content from the Website in any form or by any means without prior written permission from DTC Worldwide or the specific content provider. User may not frame or utilize framing techniques to enclose any Intellectual Property Rights of DTC Worldwide without express written consent of DTC Worldwide.
User may not use any meta tags or any other "hidden text" using Intellectual Property Rights without the express written consent of DTC Worldwide. User does not acquire ownership rights to any Content. Any unauthorized use of the Content is strictly prohibited and is a violation of DTC Worldwide’s Intellectual Property Rights that may result in criminal or civil penalties and immediately terminates the permission or license granted by DTC Worldwide.
Neither DTC Worldwide nor the Affiliates warrant or represent that User’s use of the Content or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties.
USE OF MATERIALS
User acknowledges the value of both DTC Worldwide’s Intellectual Property Rights and the intellectual property rights of others. If at any time the User believes its copyright, trademark or other property rights have been infringed by a posting on the Website, the User shall immediately send notification to DTC Worldwide’s “Designated Agent
” that is identified below.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)
, DTC Worldwide’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
General Counsel of DTC Worldwide
7630 Commerce Way
Eden Prairie, MN 55344
User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, DTC Worldwide may immediately remove the identified materials from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
DTC Worldwide attempts to be as accurate as possible. However, DTC Worldwide does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by DTC Worldwide itself is not as described, User’s sole remedy is to return the product in unused condition.
Third Party Sites and Information
The Website may link User to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under DTC Worldwide’s control, and User acknowledges that DTC Worldwide is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites nor is DTC Worldwide responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference does not imply endorsement of, or association with, the site or party by DTC Worldwide.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE ARE PROVIDED BY DTC WORLDWIDE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DTC WORLDWIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. USER EXPRESSLY AGREES THAT THE USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DTC WORLDWIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DTC WORLDWIDE DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE; THE SERVERS; OR EMAIL SENT FROM DTC WORLDWIDE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DTC WORLDWIDE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS 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 MIGHT HAVE ADDITIONAL RIGHTS.
Through User’s use of the Website, User may have the opportunities to engage in commercial transactions with other users and vendors. User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and User.
RELATED DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE WHETHER OR NOT DTC WORLDWIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY SITE REFERENCED OR LINKED TO FROM THE WEBSITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Although the Website may be accessible worldwide, DTC Worldwide makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services and/or information made in connection with this Website is void where prohibited.
Termination of Use
© 2010 DTC Worldwide Incorporated. All Rights Reserved.