Terms and Conditions
The following policies are detailed below:
- Copyright & Intellectual Property Infringement Policy
Updated May 23, 2018
These Terms and Conditions set forth the terms and conditions that apply to your use of dacmedium.com (hereinafter referred to as “the Website”). From time to time, the Website may supplement these Terms and Conditions with Additional Terms (“Additional Terms”) pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events. Such Additional Terms may be placed on the website to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be so identified.
YOU UNDERSTAND AND AGREE THAT ANY SUCH ADDITIONAL TERMS SHALL BE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS AND CONDITIONS, AND THAT BY VISITING THE WEBSITE YOU AGREE TO THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE YOUR USE OF THE WEBSITES.
The Website reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms and Conditions; and/or (ii) your registration(s) with or ability to access the Website and/or any other service, tool, specific content, digital products, products, courses or events provided to you by The Website, including any personal web site, upon any breach by you of these Terms and Conditions or otherwise.
The Website may modify these Terms and Conditions from time to time in its sole discretion. Please be aware that each time you visit the Website, you will be deemed to have accepted any and all such changes, and we shall have no obligation to notify you of any such changes other then posting such modifications on the website, but we reserve the right (at the Website’s sole discretion) to provide you notice of such changes to any email address you have provided to the Website.
Modifications of The Website
The Websites may modify or discontinue its website, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
Use of The Website
The Website, its products, services, digital products, events, courses, blog and social website tools (as more fully described below) and any other element of the Website is only for the personal use of visitors and/or members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by the Website in writing. Illegal and/or unauthorized use of the Website, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized linking to the Website’s website is expressly prohibited. Any such use shall be deemed to be a violation of these Terms and Conditions.
Children and Minors. The Website does not encourage the use of this site by children less than 13 years of age. You must be 18 years of age or older to purchase services or merchandise from this site. If you are under 18 years of age, you may only purchase services or merchandise in conjunction with a parent or legal guardian. In such circumstances, it is the parent or legal guardian who is the actual purchaser and who is liable for any and all activities.
Claims of Copyright and Intellectual Property Policy.
You acknowledge that (i) content on the Website is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and Conditions and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes upon the copyright and intellectual property rights. You agree that unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of The Websites, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited. The Websites’ Copyright and Intellectual Property Infringement Policy is incorporated herein by reference.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH ITS WEBSITE, IS AT YOUR SOLE RISK. THE WEBSITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE MAKES NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE AND IT DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS YOU MAY OR MAY NOT OBTAIN FROM THE USE OF ITS WEBSITE. THE WEBSITE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF ITS WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU FURTHER UNDERSTAND AND AGREE THAT THE WEBSITE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH ITS WEBSITE, AND IT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT THE WEBSITE IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE WEBSITE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ITS WEBSITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE WEBSITES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITES OR THROUGH ITS PRINCIPALS, EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE WEBSITE MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH ITS WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, AND IT IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE OF ITS WEBSITE. THE WEBSITE MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH THE WEBSITES MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST THE WEBSITES WITH RESPECT TO SUCH SITES. BY PERMITTING ADVERTISING, THE WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OR VERACITY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. THE WEBSITE SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE WEBSITES WEBSITE, YOU WAIVE ANY CLAIMS AGAINST THE WEBSITES FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT. THE WEBSITES’S DISCLAIMER POLICY IS INCORPORATED HEREIN BY REFERENCE.
Limitation of Liability
THE WEBSITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ITS WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ITS WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF THE WEBSITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold the Website, its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.
Remedies for Breach of these Terms by You
In the event that the Website determines, in its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for its website, The Websites reserves the right to (i) delete any or all content provided by you to the Website; (ii) discontinue your registration(s) with the Website; (iii) discontinue your subscription to any newsletter, digital product, product, course, event, content, tool or service purchased through the Website; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which the Website deems to be appropriate. You agree that if the Website determines you have breached any of these Terms and Conditions, it may take any of the foregoing actions without any notice or warning to you.
In the event that any provision of the Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms and Conditions, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
The Website may assign its rights and obligations under these Terms and Conditions and upon such assignment the Website may be relieved of any further obligation hereunder.
You represent to the Website that you have the authority to register with or visit The Websites according to these Terms and Conditions. The Website does not encourage or solicit visitors who are known to be under the age of 13 to visit the Websites and it does not permit anyone under the age of 18 to engage in any ecommerce transaction.
These Terms and Conditions constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms and Conditions will, at the election of The Websites, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms and Conditions will remain valid and enforceable.
If you have any questions about this Terms and Condition Policy or anything else about the Websites, you can contact us at the following email address: firstname.lastname@example.org
Copyright & Intellectual Property Infringement Policy
Updated May 23, 2018
It is the policy of the Website to respect intellectual property rights of others.
Accordingly, the Websites will process and investigate notices of alleged infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512©(2) (hereinafter “DCMA”) and other applicable intellectual property laws.
A. Notification of Alleged Copyright or Intellectual Property Infringement
Pursuant to DCMA, all notifications of alleged copyright infringement should be sent to the service provider’s designated agent.
The name of the Agent designated to receive notice of the claimed infringement is: Debra A. Clement.
The full address of the Designated Agent to which notification should be sent is:
Attn: Debra Anne Clement
P.O. Box 302
Rockville Centre, NY 11570
Telephone Number of Designated Agent: 516-319-5639
E-mail address of Designated Agent: email@example.com.
B. Requirements for Reporting Alleged Copyright Infringement
To be considered an effective notice, the notification must be a written communication to the Designated Agent that includes the following:
A physical or electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Identification of the copyrighted work claimed to have been infringed upon, or if multiple copyrighted works at a single online site are covered by a single notification, then it must include a representative list of such works at that site; and
Identification of the material that is claimed to be infringing, or is claimed to be the subject of infringing activity, that is to be removed or to which access to it is to be disabled, together with any information reasonably sufficient to permit the service provider to locate the material; and
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
C. Actions to be Taken by Designated Agent Pursuant to Notification of Alleged Copyright and Intellectual Property Infringement Claims
Upon receipt of a Notice that complies with the Copyright Act, The Websites will promptly remove the identified material and shall take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and its subsequent removal by us.
D. Counter-Notice to Designated Action
1. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
A physical or electronic signature of the alleged infringer; and
Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error; and
The alleged infringer’s name, address, and telephone number;
A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
2. Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.