By accessing and using this Web Site at www.domedia.com (the "Site"), you explicitly agree to comply with and be bound by the following terms and conditions (the "Terms of Use"), which DOmedia may change at any time. Please review these terms and conditions periodically and check the version date for changes.
DOmedia, LLC and its subsidiaries and affiliates (collectively, "DOmedia") provide you with access to this Site and the services available on it, or other Web sites as indicated below (collectively, the "Services"). Access to and use of the Services is governed by these Terms of Use.
The Services include the DOmedia Site. The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. DOmedia does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, DOmedia is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you release DOmedia from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You are solely responsible for any Content and other material that you submit, publish, display or link to on the Site or send to other DOmedia users. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party. You will at all times adhere to the DOmedia Community Guidelines and that all submitted content you believe to be true. In addition, you agree to not purposely provide false or misleading information on the Service.
You agree that by posting content on the Site, you are granting DOmedia a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Services. You understand that DOmedia does not endorse or warrant any particular content or information available via the Site. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves.
DOmedia may delete any Content that in the sole judgment of DOmedia violates these Terms of Use or Community Guidelines or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. DOmedia assumes no responsibility for monitoring the Services for appropriate Content or conduct. If at any time DOmedia chooses, in its sole discretion, to monitor the Services, DOmedia nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
DOmedia reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. DOmedia shall not be liable to you or any third party should DOmedia exercise its right to modify or discontinue the Service or part of it.
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2007 DOmedia, LLC and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:
1. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media; 2. market, sell or make commercial use of the Site or any Materials; 3. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; 4. make derivative uses of the Site or the Materials; or 5. use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of DOmedia or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
"DOmedia" and our logos are either trademarks, service marks or registered trademarks of DOmedia, LLC or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing "DOmedia" or any other name, trademark, or product name of DOmedia without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of DOmedia, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and DOmedia's names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
The Services contain links to third-party Web sites. These third-party sites are not under the control of DOmedia. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. DOmedia is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
DOmedia complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide DOmedia's copyright agent the following written information:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; * A description of the copyrighted work that you claim has been infringed upon; * A description of where the material that you claim is infringing is located on the Site; * Your address, telephone number, and e-mail address; * A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; * A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Before sending a notice to DOmedia, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for DOmedia's Copyright Agent for notice of claims of copyright infringement is provided below.
Attn: DMCA Agent DOmedia, LLC 613 North Park Street Suite 301 Columbus OH 43215 USA
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
IN NO EVENT SHALL DOmedia, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DOmedia is not a publisher of content supplied by third parties and users of the Site. Accordingly, DOmedia has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not DOmedia. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. DOmedia does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.
These Terms of Use shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. DOmedia's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Columbus, Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either DOmedia or you may seek any interim or preliminary relief from a court of competent jurisdiction in Ohio, as necessary to protect the rights or property of you or DOmedia.
DOmedia may change, add to or delete these Terms of Use or any portion thereof from time to time at its sole discretion.