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Terms and Conditions 1. Website Visit and/or Usage.
Welcome to DTS Connect,
owned and operated by Daley
Technology Systems
, LLC. By using the services
available from Daley Technology
Systems, LLC., including
those from the domain of DTS Connect (the "Website"), you are
agreeing to
the following terms, including those available by hyperlink (the
"Agreement" or "User Agreement")
with Daley Technology Systems, LLC.
and the general principles for the
websites of our subsidiaries and
international affiliates. If you
have any questions, please refer to
the Contact Us section on the
Website.
Before you navigate and view the
content of Daley Technology Systems,
LLC, you should read and accept all
of the terms and conditions in, and
linked to, this User Agreement and
the Privacy Policy. We strongly
recommend that as you read this User
Agreement, you also access and read
the linked information. By using
Daley Technology Systems, LLC.’s
website, you also agree that your
use of other Daley Technology
Systems, LLC. branded websites or
services will be governed by the
User Agreement and Privacy Policy
posted on those websites.
This Agreement is effective on July
1st, 2008 for current users and upon
acceptance for new users.
2. You agree as follows:
While using the Website, you will:
• only use the Website for legal and
proper means;
• deliver payment and/or services
for items purchased or sold or
purchased by you;
• deliver items purchased from you
While using the Website, you will
not:
• violate any laws, third party
rights, or our policies as provided
and updated by Daley Technology
Systems, LLC.;
• distribute or post spam, chain
letters, or pyramid schemes;
• distribute viruses or any other
technologies that may harm Daley
Technology Systems, LLC., or the
interests or property of other
users;
• copy, modify, or distribute
content from the Website and Daley
Technology Systems, LLC.’s
copyrights and trademarks; or
• manipulate the price of any item
or interfere with any other person's
listings;
• post any content that is false,
deceptive, inaccurate, misleading,
defamatory, or libelous (including
personal information);
• engage in any illegal or
fraudulent behavior;
• post any content which harasses,
degrades, intimidates or is hateful
toward an individual or group of
individuals on the basis of
religion, gender, sexual
orientation, race, ethnicity, age,
or disability;
• post any content that includes
personal or identifying information
about another person without that
person's explicit consent;
• post any content in an
inappropriate category or areas on
the Website;
• post any content that is at all
pornographic or depicts a human
being engaged in sexual activity,
conduct or posing;
• post any content that infringes
any intellectual property right,
including patent, trademark, trade
secret, copyright or other
proprietary rights of any party;
• engage in any activity that is
designed to interrupt, destroy or
limit the functionality of any
computer software or hardware or
telecommunications equipment.
3. Content
You agree, acknowledge and
understand as follows:
(a) Daley Technology Systems, LLC.
has teamed up (is affiliated) with Hollywood Sports
Park, Giant Paintball Parks, D&G
Sports Ventures and Joe Barter, LLC
to provide attendees/ members
additional products and services. By
reading, checking the box and
signing the theme park waiver form
you agree to all terms and
conditions including the newspaper
combo deal provided by D&G Sports
Ventures and Daley Technology
Systems, LLC.
(b) ALL theme park attendees who
have agreed to participate by
checking the box and signing the
waiver forms will receive a local
newspaper based on their ZIP code.
Participants (new subscribers) will
also receive special discounts and
access to a VIP card program,
including a free Joe Barter
membership.
(c) You are entirely responsible for
all Content that you post, email or
otherwise make available via Daley
Technology Systems, LLC.;
(d) All images, photos, video,
sounds, postings, messages, text,
files, or other materials
("Content") posted on, or linked
from the services offered by Daley
Technology Systems, LLC. are the
sole responsibility of the person
from whom such Content originated;
(e) Daley Technology Systems, LLC.
does not control, and is not
responsible for Content made
available through its website, and
that by using the Website, you may
be exposed to information and
material that is offensive,
indecent, inaccurate, misleading, or
otherwise objectionable;
(g) Daley Technology Systems, LLC.
does not control links to other
websites, which are completely
independent of Daley Technology
Systems, LLC. and as such Daley
Technology Systems, LLC. makes no
representation or warranty as to the
accuracy, completeness or
authenticity of the information
contained in any such site.
(h) You acknowledge that Daley
Technology Systems, LLC. does not
pre-screen or approve content, but
that Daley Technology Systems, LLC.
shall have the right (but not the
obligation) in its sole discretion
to refuse, delete or move any
content that is available via its
services for any reason including
violating the letter or spirit of
the Terms as periodically amended.
4. Privacy and Information
Disclosure
You acknowledge and agree that Daley
Technology Systems, LLC. may, in its
sole discretion, preserve or
disclose your content, as well as
your information, such as email
addresses, IP addresses, timestamps,
and other user information, if
required to do so by law or in the
good faith belief that such
preservation or disclosure is
reasonably necessary to: comply with
legal process; enforce these Terms;
respond to claims that any content
violates the rights of
third-parties; respond to claims
that contact information (e.g. phone
number, street address) of a
third-party has been posted or
transmitted without their consent or
as a form of harassment, protect the
rights, property, or personal safety
of Daley Technology Systems, LLC.,
its users or the general public. You
further acknowledge, agree and give
your express consent to permit Daley
Technology Systems, LLC. and/or its
affiliates and advertisers to send
you unsolicited emails, including
emails containing advertisements for
Daley Technology Systems, LLC. and
other companies as well as
periodically sending you Joe
Barter's newsletter containing
hyperlinks to joebarter.com and its
advertiser's websites.
5. No Spam Policy
You understand and agree that
sending unsolicited email
advertisements to Daley Technology
Systems, LLC. email addresses or
through Daley Technology Systems,
LLC. computer systems, is expressly
prohibited by these Terms. You
further agree that sending
unsolicited email(s) will use or
cause to be used Daley Technology
Systems, LLC.’s servers located in
California. Any unauthorized use of
Daley Technology Systems, LLC.’s
computer systems is a violation of
these Terms and certain federal and
state laws, including without
limitation the Computer Fraud and
Abuse Act (18 U.S.C. 1030 et seq.),
Section 502 of the California Penal
Code and Section 17538.45 of the
California Business and Professions
Code. Such violations may subject
the sender and his or her agents to
civil and criminal penalties.
6. Limitations on service
You acknowledge that Daley
Technology Systems, LLC. may
establish limits concerning use of
the service, including the maximum
number of days that Content will be
retained by the service, the maximum
number and size of postings, email
messages, or other Content that may
be transmitted or stored by the
Service, and the frequency with
which you may access the Service.
You agree that Daley Technology
Systems, LLC. has no responsibility
or liability for the deletion or
failure to store any Content
maintained or transmitted by the
Service. You acknowledge that Daley
Technology Systems, LLC. expressly
reserves the right at any time to
modify or discontinue the Service,
or any part thereof, with or without
notice, and that Daley Technology
Systems, LLC. shall not be liable to
you or to any third party for any
modification, suspension or
discontinuance of the Service.
7. Access to the Service
Daley Technology Systems, LLC.
grants you a limited, revocable,
nonexclusive license to access the
Service for your own personal use of
the Service, and not to download
(other than page caching) or modify
it, or any portion of it, or any
Content made available via the
Service (except for your own
Content), without the express
written consent of Daley Technology
Systems, LLC.. This license does not
include any collection, aggregation,
copying, duplication, display or
derivative use of the Service for
any purpose unless expressly
permitted by Daley Technology
Systems, LLC.. An exception is
provided for the limited purpose of
internet search engines that use
tools to gather information for the
purpose of displaying hyperlinks to
the Service, provided they each do
so from a stable IP address or range
of IP addresses using an easily
identifiable agent. "General purpose
internet search engine" does not
include a website or search engine
or other service that specializes in
classified listings or in any subset
of classifieds listings such as
jobs, housing, for sale, services,
or personals, or which is in the
business of providing classified ad
listing services.
Daley Technology Systems, LLC.
permits you to display on your
website link or hyperlink to your
website to individual postings on
the Service so long as such use is
for noncommercial and/or news
reporting purposes only. You may
also create a hyperlink to the home
page of Daley Technology Systems,
LLC. sites so long as the link does
not portray Daley Technology
Systems, LLC., its employees, or its
affiliates in a false, misleading,
derogatory, or otherwise offensive
matter.
If you use the Service beyond the
scope of authorized access granted
to you by Daley Technology Systems,
LLC. your permission or license
immediately terminates. In order to
collect, aggregate, copy, duplicate,
display or make derivative use of
the Service or any Content made
available via the Service for other
purposes (including commercial
purposes) not stated herein, you
must first obtain a license from
Daley Technology Systems, LLC..
8. Termination of service
You agree that Daley Technology
Systems, LLC., in its sole
discretion, has the right (but not
the obligation) to delete or
deactivate your account, block your
email or IP address, or otherwise
terminate your access to or use of
the Service (or any part thereof),
immediately and without notice, and
remove and discard any Content
within the Service, for any reason,
including, without limitation, if
Daley Technology Systems, LLC.
believes that you have acted
inconsistently with the letter or
spirit of the Terms. Further, you
agree that Daley Technology Systems,
LLC. shall not be liable to you or
any third-party for any termination
of your access to the Service.
Further, you agree not to attempt to
use the Service after said
termination.
9. Dealings with organizations
and individuals
You agree that Daley Technology
Systems, LLC. shall not be
responsible or liable for any loss
or damage of any sort incurred as
the result of any such dealings. If
there is a dispute between
participants on this site, or
between users and any third party,
you understand and agree that Daley
Technology Systems, LLC. is under no
obligation to become involved. In
the event that you have a dispute
with one or more other users, you
hereby release Daley Technology
Systems, LLC., its officers,
employees, agents and successors in
rights from claims, demands and
damages (actual and consequential)
of every kind or nature, known or
unknown, suspected and unsuspected,
disclosed and undisclosed, arising
out of or in any way related to such
disputes and/or our service.
10. Proprietary rights
Daley Technology Systems, LLC. and
all of the information contained in
its website is protected by
copyright laws. Any and all content
displayed on the Service is
protected by copyright as a
collective work and/or compilation,
pursuant to copyrights laws, and
international conventions.
Reproduction, modification, creation
of derivative works from or
redistribution of the site or the
collective work, and/or copying or
reproducing the sites or any portion
thereof is prohibited without the
express written consent of Daley
Technology Systems, LLC.. You agree
not to reproduce, duplicate or copy
any content from the Service without
the express written consent of Daley
Technology Systems, LLC.. Daley
Technology Systems, LLC. is a
registered mark in the U.S. Patent
and Trademark Office.
11. Disclaimer of Warranties
YOU AGREE THAT USE OF THE DALEY
TECHNOLOGY SYSTEMS, LLC. SITE AND
THE SERVICE IS ENTIRELY AT YOUR OWN
RISK. THE DALEY TECHNOLOGY SYSTEMS,
LLC. SITE AND THE SERVICE ARE
PROVIDED ON AN "AS IS" OR "AS
AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY
RIGHTS ARE EXPRESSLY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY
LAW, DALEY TECHNOLOGY SYSTEMS, LLC.
DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE
DALEY TECHNOLOGY SYSTEMS, LLC. SITE
AND THE SERVICE. TO THE FULLEST
EXTENT PERMITTED BY LAW, DALEY
TECHNOLOGY SYSTEMS, LLC. DISCLAIMS
ANY WARRANTIES FOR OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED
ON THE DALEY TECHNOLOGY SYSTEMS,
LLC. SITE OR THE SITES OR SERVICE,
OR ACCESSED THROUGH ANY LINKS ON THE
DALEY TECHNOLOGY SYSTEMS, LLC. SITE.
TO THE FULLEST EXTENT PERMITTED BY
LAW, DALEY TECHNOLOGY SYSTEMS, LLC.
DISCLAIMS ANY WARRANTIES FOR VIRUSES
OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE DALEY TECHNOLOGY
SYSTEMS, LLC. SITE OR THE SERVICE.
Some jurisdictions do not allow the
disclaimer of implied warranties. In
such jurisdictions, some of the
foregoing disclaimers may not apply
to you insofar as they relate to
implied warranties.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL DALEY
TECHNOLOGY SYSTEMS, LLC. BE LIABLE
FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF DALEY TECHNOLOGY
SYSTEMS, LLC. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY ASPECT OF YOUR
USE OF THE DALEY TECHNOLOGY SYSTEMS,
LLC. SITE OR THE SERVICE, WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE
OF THE DALEY TECHNOLOGY SYSTEMS,
LLC. SITE OR THE SERVICE, FROM
INABILITY TO USE THE DALEY
TECHNOLOGY SYSTEMS, LLC. SITE OR THE
SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE
DALEY TECHNOLOGY SYSTEMS, LLC. SITE
OR THE SERVICE. SUCH LIMITATION
SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION
WITH THE DALEY TECHNOLOGY SYSTEMS,
LLC. SITE OR THE SERVICE OR ANY
LINKS ON THE DALEY TECHNOLOGY
SYSTEMS, LLC. SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE DALEY TECHNOLOGY
SYSTEMS, LLC. SITE OR THE SERVICE OR
ANY LINKS ON THE DALEY TECHNOLOGY
SYSTEMS, LLC. SITE. THESE
LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW. In
some jurisdiction, limitations of
liability are not permitted. In such
jurisdictions, some of the foregoing
limitation may not apply to you.
13. Indemnity
You agree to defend, indemnify and
hold harmless Daley Technology
Systems, LLC., its officers,
subsidiaries, affiliates,
successors, assigns, directors,
officers, agents, service providers,
suppliers and employees, from any
claim or demand, including
reasonable attorney fees and court
costs, made by any third party due
to or arising out of Content you
submit, post or make available
through the Service, your use of the
Service, your violation of the
Terms, your breach of any of the
representations and warranties
herein, or your violation of any
rights of another.
14. General information
The Terms constitute the entire
agreement between you and Daley
Technology Systems, LLC. and govern
your use of the Service, superseding
any prior agreements between you and
Daley Technology Systems, LLC.. The
Terms and the relationship between
you and Daley Technology Systems,
LLC. shall be governed by the laws
of the State of California without
regard to its conflict of law
provisions. You and Daley Technology
Systems, LLC. agree to submit to the
personal and exclusive jurisdiction
of the courts located within the
county of Los Angeles, California. |
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