REGISTRATION AND ACCESS TO THE SITE
As a user of our Site, you agree to represent yourself accurately and truthfully at all times. You grant Dux the right to independently verify any information that you post on the Site or provide to Dux about yourself, including any information that you provide in order to make any purchases of services through the Site.
Upon cancellation or termination of your access to password protected areas of the Site, Dux reserves the right to deactivate your account and delete your user profile.
YOUR USE OF THE SITE AND CONDUCT IN CONNECTION WITH THE SITE
The Site may include discussion forums or other interactive areas. You agree to use such interactive areas only for non-commercial purposes. You are solely responsible and liable for any materials that you post or transmit to our Site. You are solely liable for any material that you upload or transmit to the discussion forums or interactive areas of the Site. You agree to act responsibly and treat others with respect. You agree not to use the Site to do any of the following:Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful or racially, ethnically or otherwise objectionable;Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;Upload, e-mail, transmit or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;Distribute, publish or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters;Harm minors in any way; orUpload, post, e-mail, transmit or otherwise make available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
YOUR SUBMISSIONS TO THE SITE
By submitting any reviews, suggestions, feedback or other items or information, whether or not solicited by Dux, or creating a public presentation, (“Public Submissions”), you hereby grant to Dux and other users of the Site an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license with the right to sublicense (“License”) to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise exploit your Public Submissions and all intellectual property rights therein, in any manner or medium now existing or hereafter developed. Public Submissions may be used for any purpose by Dux and/or other users of the Site, and Dux is under no obligation to publish or use any Public Submission. If your Public Submission is published, used and/or posted on the Site or otherwise used by Dux, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting or use. By submitting, disclosing or offering a Public Submission, you hereby grant Dux the right to use your name in connection with the publication, use or posting of your Public Submission. You must include your full name and e-mail address with your Public Submission so that we can contact you if we have any questions about your Public Submission; however, only your name will be published with your Public Submission.
You hereby represent and warrant that you have the authority and right to grant the License and that your Public Submissions do not violate any third party intellectual property rights. You agree to take any necessary steps (such as executing affidavits) requested by Dux as may be needed to confirm or formalize the License.
By creating a private presentation (“Private Submission”), you hereby grant to Dux an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to publish your Private Submission to the Site in such a way that it is viewable only by you. Private Submissions will not be made available to other users of the Site or generally over the internet; however, if a Public Submission is later changed to a Private Submission, archival copies of the Private Submission may have been created by search engines while it was a Public Submission, a fact over which Dux has no control. You hereby represent and warrant that your Private Submissions do not violate any third party intellectual property rights.
Dux reserves the right at all times to disclose any information that Dux deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Submissions or other materials, in whole or in part, in Dux’s sole discretion.
Dux, its affiliates and its licensors own or control all rights, title and interest in, under and to the Site, including the design, user interface, text, copy, graphics, artwork, videos, photographs, trademarks (including Flickr images) and other trademarks on our Site), logos, sound, music, computer code and other files (“Content”), and the selection, arrangement and “look and feel” of such Content. Our Content is protected by trade dress, trademark, copyright and various other intellectual property laws.
Unless otherwise expressly permitted by Dux, you may not copy, reproduce, post, publish, display, republish, distribute, transmit, modify, create derivative works from, upload or otherwise exploit any Content, data or materials on or available through our Site, including “mirroring” to any other computer, without our express prior written consent.
You are prohibited from (1) using any automated device, such as a robot, spider, deep linker or page scraper, or the manual equivalent, to access, copy, monitor or scrape any content from our Site or (2) using framing or similar techniques to enclose our Content.
You may display and print a single copy of Content from our Site provided that you (1) do so solely for personal, non-commercial use and (2) keep all copyright or other proprietary notice language intact. If you are a public search engine, notwithstanding the above, you may use automated devices to copy Content and other materials available without charge on our Site solely as necessary to make our Site publicly searchable.
All of Dux’s, its affiliates’ or its licensors’ rights to the Site, the Content or intellectual property not expressly granted to you are reserved.
NOTICE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Dux respects the intellectual property rights of third parties. Dux will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for the Website: Dux Platform Technologies, Inc. E-Mail: email@example.com
To be effective, the notification must include the following: a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;identification of the copyrighted work claimed to have been infringed;identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dux to locate the material;information reasonably sufficient to permit Dux 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;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; anda statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
LINKS TO OUR SITE AND TO OTHER SITES
You are hereby granted a limited, revocable and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Dux, its subsidiaries, affiliates, licensors or partners, or its or their respective services, in a false, misleading, derogatory or otherwise offensive or damaging manner.
We may provide a link to other sites that allow you to leave the Site to access third-party materials (“Linked Materials”). These Linked Materials are made available solely for your convenience. Dux is not responsible for, does not monitor, has no control over and does not endorse the Linked Materials. You access the Linked Materials at your own risk.
Dux may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Dux found on or through the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Dux is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Dux advertisers on the Site.
THIRD PARTY COMPONENTS
You acknowledge and agree that use of the Services and the Site requires third party equipment and software (collectively, the “Third Party Components”) that must be provided by you. The Third Party Components include, without limitation, the following: a computer, a connection to the internet, operating system software and a web browser (the necessary version of any of the foregoing may be designated by Dux from time to time). DUX SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE THIRD PARTY COMPONENTS.
YOUR USE OF THE SITE AND SERVICES PROVIDED THEREIN IS AT YOUR SOLE RISK UNLESS EXPLICITLY STATED OTHERWISE. UNLESS EXPLICITLY STATED OTHERWISE, THE SITE, INCLUDING THE SERVICES PROVIDED THEREIN, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. UNLESS EXPLICITLY STATED OTHERWISE OR REQUIRED UNDER APPLICABLE LAW, Dux DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DUX MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR THE SERVICES PROVIDED THEREIN. Dux MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF ANY VIRUSES, TROJAN HORSES OR WORMS. UNLESS EXPLICITLY STATED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE SITE. THE SITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS. Dux ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.
DUX DOES NOT ENDORSE OR CLAIM OWNERSHIP OF, AND IS NOT LIABLE FOR, ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, DATA, TEXT, INFORMATION, USERNAMES, GRAPHICS, IMAGES, PHOTOGRAPHS, PROFILES, AUDIO, VIDEO, ITEMS AND LINKS POSTED BY YOU, OTHER USERS OR OUTSIDE PARTIES ON THE SITE), INCLUDING WITH RESPECT TO (a) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY; OR (b) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE, OTHER THAN AS REQUIRED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCE WILL Dux BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR A LINKED WEBSITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, PRODUCTS OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR THE SERVICES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Dux, ITS AFFILIATES AND ANY OTHER OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES, EVEN IF Dux HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION THAT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Dux’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES FOR ANY CLAIMS ARISING OUT OF THE USE OF THIS SITE OR ITS SERVICES IS LIMITED TO THE AMOUNT OF ANY PAYMENTS YOU MADE TO Dux. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
WAIVER AND SEVERABILITY
DISPUTES; GOVERNING LAW
You are responsible for resolving disputes with other users. Dux has no obligation with respect to disputes among users but may, in its sole discretion, intervene. You agree to promptly report any user misconduct to Dux. You hereby release Dux, its officers, employees, agents, predecessors, successors, parents, subsidiaries, assigns and affiliates from claims, demands and damages, actual and consequential, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, our Services or property or space made available through the Site. If you are a California resident, 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.”