DanShope.com Terms for Use of Services
This Web site (referred to as "DS") is offered to you, the user, by DanShope.com ("DS") conditioned on your acceptance, without modification, of the terms, conditions, policies and notices contained herein. Your use of DS constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement"). The Agreement is applicable only to DS and not other sites on the World Wide Web owned or operated by DanShope.com, its subsidiaries, affiliates and related entities. DanShope.com may change, add or remove any part of this Agreement, or any other terms associated with the use of DS, at any time, by posting a notice of such changes. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use DS after the notice is posted, you are indicating your acceptance of those changes.
DS is only for your personal use. You may not sell or exchange anything you copy from DS or use it for any business or commercial purpose. As long as you comply with the terms of this Agreement, DS grants you a non-exclusive, non-transferable, limited right to enter, use, perform and display DS and everything on it. You agree not to interrupt or attempt to interrupt the operation of DS in any way.
GENERAL TERMS AND CONDITIONS
- Your Personal Information
- Do you have to provide personal information to interact with DS or any other part of DS?
- You can visit DS as a guest while remaining anonymous by not providing any personal information (although you may not be able to access all of the features and functionality of DS if you do not register with DS). In some cases, DS may automatically collect information about you that is not personally identifiable. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system you are using, the domain name of your Internet service provider and/or the Web site from which you linked to DS site or advertisement.
- What kind of personal information will DS ask you to provide and why?
- In order to register for DS, we require you to provide us with the following personal information: your name, full e-mail address, country of residence, zip/postal code, birthdate and gender. You can opt whether or not to provide the following additional personal information when registering for DS: your education level, marital status, income level and the number of children in your household.
- REMEMBER : DS will not collect any personal information about you unless you provide it to us voluntarily.
- ALSO, REMEMBER: Personal information voluntarily disclosed by you within DSís chat areas, message boards or during game play can be collected by other users of such services and may result in unsolicited messages.
- How does DS use your personal information?
- DSís internal use: We use the information we collect to learn what you like and improve this Web site and our other products. We send e-mail to our members who want to receive e-mail from us. However, if you donít want to receive e-mail from us, you can "opt out" of receiving it at the time you register as a member on DS or each time we request information from you.
- Sharing of Information with Third Parties: We will not give any of your personal information to any third party without your express approval. The only personal information we will ask you if you want us to share with third parties is your name and e-mail address. If you donít want us to share your name and e-mail address, you can tell us that by clicking on "No" in the box at the time you register as a member on DS or each time we request information from you or at other points.
- What are "Cookies" and how are they used?
- Cookies are small files that may be downloaded to your computer to help the operator of a Web site understand your usage patterns on that site. They may also improve the performance of a site for an individual by storing on your computer such items as user names, computer configuration, browser type, etc.
- Most browsers are set to accept cookies without any action required by the user. You can alter that default setting by clicking the help button and following the instructions for your browser. However, if you set your browser not to accept cookies, some parts of DS may not work correctly for you.
- What happens to my personal information when I link from DS to another site such as an advertiserís site?
- Other Web sites are linked to DS, including those of advertisers whose ads appear on DS. Those sites may have different privacy policies.
- If you click on a hyperlink or an advertisement, you will be leaving DS and you may go to a site where different information is collected about you. DS does not know, and is not responsible for, what other Web sites do with your personal information.
- FOR KIDS:
- Also, get your parentís or guardianís permission before using the message board or chat features of DS.
- Donít post your real name on a Web site, and never tell anyone online anything private about yourself or your family, including your phone number and address. Use screen names at all times.
- You will be told to ask a parent before you pay for anything on DS if you are under 18. (If you buy anything online, you or your parents may send it back within thirty days if you donít open it.)
- Some areas of this Web site may have special rules for children under the age of 18. When you are in those areas you must follow those rules.
- FOR PARENTS:
- Parents or guardians are encouraged to spend time online with their children to become familiar with the types of content available on DS and the Internet in general. Parents should regularly oversee their childrenís use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. You can find out about software that protects your children at the Direct Marketing Associationís home page at: http://www.the-dma.org. If your child has used your credit card on DS without your permission, contact us immediately at MembershipHelp@DanShope.com.
- If a child has provided us with personally identifiable information, a parent or guardian of that child should contact us by sending an email to MembershipHelp@DanShope.com if he/she would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our existing files.
- DS COMMUNICATION FEATURES
DSís communication features (e.g., DS, Message Boards, etc) are free services provided to members of DS. By using any of DSís communication features, you agree to be bound by the following terms and conditions. If you do not wish to be bound by these terms, then please do not use them. You understand that all messages appearing in DSís communication features are the sole responsibility of those persons posting the message. This means that you, and not DS, are entirely responsible for all information and material that you post there. DS has no obligation to monitor or supervise DSís communication features, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right to monitor or supervise them in its sole discretion. DS does not control the content of any postings in DSís communication features and does not guarantee the accuracy, integrity or quality of anything within them. You understand that by using DSís communication features, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will DS be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within DSís communication features. You acknowledge that they are forums for public and not private communications. DS retains the right to terminate DS membership of any DS member who violates the following Rules of Conduct. Also, please carefully review DSís policies concerning submission of creative ideas, suggestions and materials, located in Section 4 of DSís General Terms and Conditions.
- Rules of Conduct
You agree not to do any of the following while on DS:
By submitting (e.g., uploading) Content to a DS communication feature, you automatically grant DS the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived.
- transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including but not limited to, a DS official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- post or transmit any Content that contains a virus or corrupted data;
- delete any author attributions, legal notices or proprietary designations or labels that you upload to a DS communication feature;
- use DSís communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps] or flooding [continuous posting of repetitive text]);
- post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
- intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and
- upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
DS and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in DSís communication features. Without limiting the foregoing, DS and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold DS harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.
The Message Boards may provide and users may include in messages, links to other Web sites or resources. DS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. DS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
- Fee-Based Materials
Some contents and/or services on DS may be offered to you on a fee basis. If you elect to purchase fee-based content and/or services and transmit
to DS a purchase request, you warrant that your use of the particular credit card is authorized and that all information that you submit is true
and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees you incur. Any account
name and password supplied to you in connection with fee-based content and/or service you purchase is personal to you and the members of your
household, and you may not transfer or make available your account name and password to others, including, without limitation, your co-workers.
Any distribution by you of such account name and password may result in cancellation of the fee-based content and/or service without refund and
in additional charges based on unauthorized use.
- Copyright and Trademark Notices
- All contents of this Web Site are: Copyright© 2005-08 DanShope.com. and/or its parent and affiliated companies and/or its suppliers. DS is for
the personal, non-commercial use of users.
- DanShope.com, SIGMO Robotics, and Calton Software and its logo are trademarks or servicemarks of DanShope.com. All other product and company
names appearing on DanShope.com or any other website controlled by DanShope.com are the tradenames, trademarks or registered trademarks of their
- Intellectual Property
DS, including, without limitation, all communication features of DS, contains copyrighted material, trademarks and other proprietary information
including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of DS and each area contained
therein are copyrighted as a collective work under the United States copyright laws. DS owns a copyright in the selection, coordination, arrangement
and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content contained on DS (including, without limitation, content that DS enables you to download) without the express written
permission of DS and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material
from DS is allowed by you only for your own use. You acknowledge that DS and/or third-party content providers remain the owners of all
materials posted on DS, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
- DS is pleased to hear from its customers and welcomes your comments regarding DS's online services.
- If at our request you send certain specific submissions (e.g., postings to a DS communication feature or contests) or, despite
our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts
or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of DS.
None of the Submissions shall be subject to any obligation of confidence on the part of DS, and DS shall not be liable for any
use or disclosure of any Submissions. Without limitation of the foregoing, DS shall exclusively own all now known or hereafter
existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider
of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
- Software Available on this Web Site
- WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, DS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- DISCLAIMER OF LIABILITY
- NEITHER DS, THE DanShope.com FAMILY, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON DS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATDSVER, INCLUDING, WITHOUT LIMITATION, THAT DS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF DS OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH DS, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF DS.
- DS AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF DS, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF DS, IS AT YOUR SOLE RISK.
- LIMITATION OF LIABILITY
- THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 7 APPLY TO ANY DAMAGES OR INJURY CAUSED BY 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 DS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
- IN NO EVENT WILL DS, THE DanShope.com FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON DS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE DS, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF DS OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH DS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO DS, EVEN IF DS WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY DS PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING DS IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF DS.
- NEITHER DS NOR THE DanShope.com FAMILY ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON DS, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF DS, BY ANYONE OTHER THAN AUTHORIZED DS EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL DS, THE DanShope.com FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON DS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH DS, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF DS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH DS, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF DS. PLEASE SEEK THE ADVICE OF PROF ESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
- NEITHER DS NOR THE DanShope.com FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH DS AND NEITHER DS NOR THE DanShope.com FAMILY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
DS may give notice to you by means of a general notice on DS, electronic mail to your e-mail address on record in DS's account information (if you are a DS Member), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in DS's account information (if you are a DS Member). You may give notice to DS by electronic mail to MembershipHelp@danshope.com
Either DS or you may terminate this Agreement at any time. Fees paid for any subscription term or pay-per-use are paid in advance and are not refundable in whole or in part. You may terminate this Agreement at any time by not using DS. We can terminate the Agreement by asking you to stop using DS, and, if necessary, by preventing your access to DS. Upon termination of this Agreement, you shall have no further rights to use DS or its services. Your only right and remedy with respect to any dissatisfaction with DS is to terminate this Agreement, including, without limitation, any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of DS in operating DS, (ii) content available through DS, or any change therein, or (iii) the amount or type of fees or billing methods, or any change thereof. Without limiting the foregoing, DS shall have the right to terminate this Agreement with you, effective immediately, and/or terminate or temporarily suspend your access to all or any part of DS, without notice, in the event of any conduct by you which DS, in its sole discretion, considers to be unacceptable, or for conduct that DS believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by DS on DS, or for other conduct which DS believes, in its sole discretion, is harmful to DS, other DS Members or other users of DS. DS reserves the right to deny registration of any individual as a DS Member and to deny access to DS to any individual. All of the Sections of the General Terms and Conditions of this Agreement survive termination of this Agreement.
You agree to indemnify and hold harmless DS, the DanShope.com Family and all of their respective officers, directors, owners, agents,
employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all
liability and costs including, without limitation, attorneysí fees and costs, incurred by the Indemnified Parties in connection with any
claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of
DS, including, without limitation, all communication features of DS.
You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to
provide a valid Social Security number or other tax identification number and any other information reasonably required by DS. DS
and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.
- Jurisdictional Issues
This site is controlled and operated by DS from its offices within the State of Pennsylvania, United States of America. DS makes no
representation that materials in this site are appropriate or available for use in other locations. Those who choose to access DS
from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local
laws are applicable. Software from DS is further subject to United States export controls. No software from DS may be downloaded or
otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of,
or a national or resident of any such country or on any such list.
This Agreement constitutes the entire agreement between DS and you with respect to the subject matter hereof, and supersedes all
previous agreements between the parties with respect to such subject matter, whether written or oral. This Agreement shall be
construed in accordance with the laws of the State of Pennsylvania, without regard to Pennsylvania's principles of conflict of laws. You hereby
consent to personal jurisdiction by the state and federal courts sitting in the State of Pennsylvania. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms
shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall
not affect the validity and enforceability of any remaining provisions.
"Young men know the rules, but old men know the exceptions."
~ Oliver Wendell Holmes