Welcome to the DMG Promotions Web
site (the "Site"). The Site is provided by DMG Promotions
incorporated ("DMG Promotions"), subject to your compliance
with the terms and conditions set forth below (the "Agreement").
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND
AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF
YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, WE ASK THAT YOU
NOT ACCESS OR OTHERWISE USE THE SITE. DMG Promotions MAY MODIFY
THIS AGREEMENT AT ANY TIME BY POSTING A MODIFIED VERSION TO
THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THE MODIFIED AGREEMENT,
YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SITE. CONTINUED
USE OF THE SITE FOLLOWING POSTING OF THE MODIFIED AGREEMENT
SHALL BE DEEMED YOUR ACCEPTANCE THEREOF.
1. Your Responsibilities.
DMG Promotions encourages you to exercise discretion in using
the Site. The Site is for your informational, noncommercial
purposes only. You, and not DMG Promotions, shall have sole
responsibility for the following: 1) ensuring that your use
of the Site complies with all legal obligations, including but
not limited to, obligations imposed by copyright, trademark,
trade secret, defamation, publicity, privacy, and export laws;
and (2) using the Site for lawful purposes only. In addition,
you shall not use the Site t (1) post or transmit any materials
that infringe in any way upon the rights of others (including
but not limited to intellectual property rights) or that is
unlawful, threatening, abusive, defamatory or that violate any
rights of privacy or publicity; or (2) advertise, solicit, or
perform any commercial services.
2. Intellectual Property Ownership.
The contents of this Site, such as text, graphics, images, logos,
button icons, software and other "Material", are protected
under United States and foreign copyright, trademark and other
laws. All Material is the property of DMG Promotions or its
content suppliers or clients. The compilation (meaning the collection,
arrangement and assembly) of all content on this Site is the
exclusive property of DMG Promotions and protected by U.S. and
international copyright laws. Unauthorized use of the Material
may violate copyright, trademark, and other laws. You must retain
all copyright, trademark, service mark and other proprietary
notices contained in the original Material on any copy you make
of the Material. You may not sell or modify the Material or
reproduce, display, publicly perform, distribute, or otherwise
use the Material in any way for any public or commercial purpose.
The use of the Material on any other Web site or in a networked
computer environment for any purpose is prohibited. Third party
content (including but not limited to, third party content which
you access or obtain through the Site) will remain the property
of the respective owner and may be protected by copyright, trademark,
and other U.S. and international intellectual property laws.
By using the Site you do not acquire any right, title or interest
in any content. (a) You Are Responsible for Ensuring That You
Do Not Infringe Upon Third Party Rights. You, and not DMG Promotions,
have sole responsibility for determining whether you have adequate
legal rights to use the Site in connection with any content
("Content"), and/or to access, store, reproduce or
otherwise make use of any Content on or through the Site. This
responsibility includes the obligation to ensure that you comply
with all agreements and instructions governing the use of any
Content (e.g., prohibitions on reproduction or distribution),
as well as any applicable laws, regulations and ordinances (e.g.,
copyright and other intellectual property laws). You agree not
to transmit, disseminate, sell, publish, broadcast or commercially
exploit, in any manner, any Content which you access or obtain
on or through the Site, without the express written consent
of DMG Promotions or the applicable Content owner. (b) Do Not
Change or Delete Proprietary Rights Notices. You agree not to
change or delete any proprietary rights notices from any Content
which you access or obtain on or through the Site. You further
agree to comply with reasonable requests by DMG Promotions to
protect the Content owners and DMG Promotions respective rights
in the Content and the Site. (c) Do Not "Frame" DMG
Promotions Web pages or Content. You may not mirror any DMG
Promotions Web page or Content on your Web site. Under no circumstances
may you present Content found anywhere on the DMG Promotions
site as your own or "frame" a DMG Promotions Web page
or Content with another Web page. (d) Violations and Legal Liability.
You understand that violating any of these provisions could
subject you to legal liability. DMG Promotions reserves the
right to remove any Content from the Site in the event that
DMG Promotions receives notice or otherwise becomes aware that
the use of the Content constitutes infringing activity. DMG
Promotions shall incur no liability whatsoever regarding the
removal by DMG Promotions of any Content, and DMG Promotions
shall have no obligation to evaluate the merit, adequacy, or
sufficiency of any such notice.
3. This Site Is Not Warranted
or Guaranteed in Any Way. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR THE USE OF THE SITE. THE SITE AND ALL CONTENT, INFORMATION,
PRODUCTS, OR SERVICES CONTAINED ON, OR MADE AVAILABLE THROUGH,
THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE,"
WITH NO ARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. DMG Promotions
EXPLICITLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY |
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RIGHTS. DMG Promotions DOES NOT
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS WILL BE CORRECTED. DMG Promotions DOES NOT WARRANT
THAT YOUR USE OF THE SITE WILL NOT INFRINGE UPON THE INTELLECTUAL
PROPERTY OR PROPRIETARY RIGHTS OF ANY PARTY. BY USING THIS SITE
YOU ASSUME ALL RESPONSIBILITY AND RISK RELATING THERETO. DMG
Promotionsdoes not warrant or guaranty the accuracy, completeness,
timeliness, or correct sequencing of any content, services,
functions, materials, or information. In addition, there may
be delays and inaccuracies in content, and content may become
unavailable. DMG Promotions, and the respective content providers,
shall have no liability whatsoever for the accuracy, completeness,
timeliness, or correct sequencing of the foregoing, or for any
decision or action taken by you in reliance thereof, or for
interruption of any services and/or data. DMG Promotions makes
no representation that any content accessed or obtained on or
through the Site are appropriate or available for use in any
particular location. Accessing them from locales where their
use is illegal is expressly prohibited. You hereby waive all
claims against DMG Promotions arising from or relating to this
Agreement, the Site, and/or your use thereof.
4. Limitation
of Liability. AS THE USER, YOU ASSUME ALL RISKS AND LIABILITIES
ASSOCIATED WITH THE USE OF THE SITE. UNDER NO CIRCUMSTANCES
SHALL DMG Promotions BE LIABLE TO ANY PARTY FOR INDIRECT, SPECIAL,
INCIDENTAL, ONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, ARISING FROM
OR RELATING TO ANY USE OF, OR INABILITY TO USE, THE SITE, EVEN
IF DMG Promotions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Your sole and exclusive remedy under this Agreement
is to discontinue use of the Site.
5. Indemnification. As the
user, you agree to indemnify, defend, and hold harmless DMG
Promotions, its officers, directors, employees, agents, licensors,
suppliers, and any third parties whose content is accessed or
used on or through the Site from and against all losses, expenses,
damages, and costs (including reasonable attorneys fees) resulting
from any violation of this Agreement, or any activity arising
from or related to the Site by you (including negligent and
wrongful conduct, and conduct which infringes upon the intellectual
property or proprietary rights of any party).
6. No Responsibility
for Third Party Content. DMG Promotions is not a publisher of
third party content. Rather, its services are in the nature
of a distributor of content. Accordingly, DMG Promotions has
no more editorial control over such content than does a library
or a newsstand. Any content, opinions, advice, statements, or
services displayed on or through the Site are those of the respective
author and/or applicable distributor, and not of DMG Promotions.
7. DMG Promotions Assumes No Responsibility for Third Party
Links. The Site may contain links to third party Web sites.
The linked sites are not under the control of DMG Promotions,
and DMG Promotions is not responsible for the contents of any
linked site or any link contained in a linked site. The contents
of linked sites may or may not constitute materials in the public
domain. DMG Promotions makes no representations concerning the
copyright protection due the contents found on linked sites.
Permission to reproduce materials and contents found on linked
sites may be required and you are solely responsible for making
such determination. DMG Promotions provides such links only
as a convenience, and the inclusion of a link does not constitute
or imply any endorsement of the linked site by DMG Promotions.
8. Registration Information Provided to DMG Promotions and Your
Privacy Rights. Any identifying information you provide to us
or which we collect about you will be used only in accordance
with our privacy policy, the terms of which are incorporated
into this Agreement by this reference. If you have not done
so already, please take a few moments to review the privacy
policy which may be accessed at the bottom of the Home Page.
You may also access the privacy policy from within the Site
via one of the links provided on the individual pages of the
Site.
9. Applicable Laws. This Site is controlled by DMG Promotions
from its offices in Rancho Santa Margarita, CA., USA, although it is accessible
worldwide over the Internet. By accessing the Site and/or the
Service, you agree that the laws of the State of California (without
regard to the conflicts of laws principles thereof) will apply
to all matters relating to your use of this Site. In addition,
you also agree and hereby submit to the exclusive personal jurisdiction
and venue of the courts in the State of California.
10. Severability.
If any provision of this Agreement is held to be unenforceable
for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable, and such decision shall
not affect the enforceability of such provision under other
circumstances, or of the remaining provisions hereof under all
circumstances.
11. Entire Agreement. This Agreement contains
the full understanding of the parties and supersedes all prior
agreements and nderstandings, written or oral, between the parties
with respect to the subject matter hereof; and there are no
representations, warranties, agreements or understandings other
than those expressly contained herein. Notwithstanding the foregoing,
DMG Promotions reserves the right to change the terms and conditions
of this Agreement at any time and without prior notice. Such
changes will be posted on this page. |
