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DCmom Terms and Conditions
Terms & Conditions
Welcome
to DCmom, Inc. Web Site ("Site"). Please review the following basic rules that govern
your use. DCmom.com's Web site (the "Web site" or "DCmom.com") is provided by DCmom
and/or its affiliates and subsidiaries for your and others' personal, non-commercial
use, subject to these Terms and Conditions and all changes to these terms and any
policies that may be published from time to time by DCmom. By using DCmom.com, you
signify that you agree to these terms and conditions of use. From time to time,
DCmom may change these Terms and Conditions and we may do so without actual notice
to you. All such changes to these Terms and Conditions will appear on DCmom.com.
It is your responsibility as a DCmom.com user to occasionally review these policies
and your continued use of DCmom.com after changes are posted means that you agree
and accept any and all changes. If at any time you choose not to accept these Terms
and Conditions of use, please discontinue your use of DCmom.com.
Limitations of use
The content on this Web site is intended for entertainment purposes only. Except
as expressly permitted, you agree not to use the Web site for sale, trade or other
commercial purposes, and, you may not modify, copy, publish, display, transmit,
adapt or in any way exploit the content of the Web site. Only if you obtain prior
written consent from us -- and from all other entities with an interest in the relevant
intellectual property -- may you publish, display or commercially exploit any material
from the Web site. To seek our permission, you may write to us at our address provided
below. If permission is granted by us and by all other entities with an interest
in the relevant intellectual property, you may not change or delete any author attribution,
trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained
on the Web site.
Unsolicited content
In operating this site, DCmom does not solicit nor does it wish to receive any confidential,
secret or proprietary information or other material from you through the Web site
or DCmom mail and e-mail addresses, or in any other way. Any information or material
submitted or sent to DCmom, will be deemed not to be confidential or secret. By
submitting or sending information or other material to DCmom you represent and warrant
that the information is original to you and that no other party has any rights to
the material.
Limited license usage
By communicating with DCmom, including submitting or sending content, a Contribution
or other information or material to DCmom.com, you grant DCmom, the royalty-free,
unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable
right and license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such content (in whole or part), including
any information, suggestions, ideas, drawings or concepts contained in such content,
worldwide and/or to incorporate it in other works in any form, media, or technology
now known or later developed. Such license includes incorporating a contribution,
in whole or in part, into a DCmom feature. You will remain responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of such submitted material,
including any contribution or part thereof, or other communication to DCmom.
You also warrant that any "moral rights" in posted materials have been waived
Linked sites, partners, advertisers
You may be able to link to other web sites from DCmom.com. These sites are not,
however, controlled or reviewed by DCmom. DCmom is not responsible for the content,
availability, advertising, products or other materials of any such sites, or any
additional links contained therein. Posting of links and/or banners/ads does not
imply DCmom’s endorsement of or association with the linked sites. It is the user's
responsibility to visit (or not) the linked sites and in doing so, to comply with
these sites' appropriate terms of service. DCmom will not be liable, directly or
indirectly, to anyone for any loss or damage resulting from or caused by the creation
or use of these sites or the information or material accessed-through them. Concerns
about other sites accessed via links from DCmom should be sent to those sites' administrators.
DCmom may, at its discretion, decide to add, change, decline or remove links to
any site and/or create new features or links to different sites/users at any time.
Requests for linking should be submitted to DCmom.com. To seek our permission, you
may write to DCmom. We reserve the right, however, to rescind any permission granted
by us to link through any type of link, and to require termination of any such link
to the web site, at our discretion at any time.
SPECIAL NOTICE: If you access a site via a link from DCmom that contains any content
that is inappropriate for minors or is otherwise offensive, you assert that you
are of legal age to view such materials and that by viewing this content you are
not in violation of any laws.
Intellectual property rights
All materials contained on DCmom.com are the copyrighted property of DCmom and its
affiliates or licensors. DCmom is the sole owner of all content on the web site,
including without limitation, all applicable U.S. and non-U.S. copyrights, patents,
trademarks, and trade secrets, and other intellectual property rights. Except as
otherwise specifically provided in these terms and conditions, you may not download
or save a copy of the web site for any purpose. Copies of individual screens may
be printed for your personal, non-commercial use. All title and intellectual property
rights in and to the content of partners, advertisers and other linked sites is
the property of the respective content owner and may be protected by applicable
copyright or other intellectual property laws.
Warranties disclaimer
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING,
DCMOM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED
TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY,
TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES;
AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT
OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) 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 RECORD, WHETHER FOR BREACH OF
CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. DCMOM
DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE
OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING
OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED
OR ERROR-FREE.
DCMOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT DCMOM OR ANY OF ITS AGENTS)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
Limitation of liability
IN NO EVENT WILL DCMOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS,
PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING
IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB
SITE, EVEN IF DCMOM OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, DCMOM LIABILITY SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by DCmom, you agree to defend, indemnify and hold DCmom, its affiliates,
officers, directors and employees harmless from any and all claims, liabilities,
costs and expenses, including reasonable attorneys' fees, arising in any way from
your use or misuse of our web site, or the uploading, posting, publishing, e-mailing,
reproduction, distribution or transmission of any content or other materials by
you or users authorized by you or any violation of these terms and conditions by
you. DCmom reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with DCmom in asserting any available defense.
Applicable Laws / Jurisdiction
You agree that the laws of the State of
Maryland
, govern these terms and conditions. Please note that your use of the DCmom.com
may be subject to other local, state, national, and international laws. You expressly
agree that exclusive jurisdiction for any claim or dispute with DCmom or relating
in any way to your use of the web site resides in the courts of the Maryland, and
you further agree and expressly consent to the exercise of personal jurisdiction
in the courts of Maryland, in connection with any such dispute and including any
claim involving DCmom or its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers and content providers.
Assignment
You shall not transfer, assign, sublicense nor pledge
in any manner whatsoever, any of your rights or obligations under this Agreement.
DCmom may transfer, assign sublicense or pledge in any manner whatsoever, any of
its rights and obligations under this agreement to a subsidiary, affiliate, or successor
thereof or to any third party whatsoever, without notifying you or receiving your
consent.
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