Terms and Conditions
by using, accessing, viewing, crawling, scraping, or browsing this site, you indicate your acceptance of this agreement. please take time to read through it, and terminate use, access, viewing, crawling, scraping, or browsing the site if you are unwilling or unable to comply with this agreement.
“Use” means engaging in any of the following activities: accessing, viewing, crawling, scraping, or browsing the Site or its Content.
“User” means any person or entity who engages in any Use.
“Content” means any materials, content or form of input or communication on the Site, such as text, audio, and visuals such as images, videos, and photos.
You affirm that you are either over 18 years of age or possess the consent of your legal parent or guardian to enter into this Agreement, and that you are fully able and competent to enter into this Agreement and to comply with its Terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site. Users who are accessing the Site or posting content for a company, entity, or organization must be authorized representatives of such company, entity, or organization who meet the foregoing eligibility requirements. Authorized representatives agree to bind the company, entity, or organization to this Agreement and represent and warrant that they have the authority to do so.
- Changes to the Agreement.
This Agreement may be modified from time to time. Notification of these modifications will be made through the posting of an updated version on this webpage. Be sure to revisit this Agreement often in order to stay knowledgeable of any modifications, as they will automatically be binding on you as a User. Any modifications to this Agreement will take effect immediately upon posting. Your continued Use of the Site after modifications have been posted serves as an indication of your acceptance of the modifications and your agreement to comply with them.
- Site Availability and Restrictions on Access.
We reserve the right to make updates, revisions, and modifications to the Site at any time, for any reason, at our discretion. The Site may be discontinued at any time without notice, accountability, or liability. We reserve the right to use any means necessary to prevent unauthorized access to the Site. We are not responsible to monitor any Users or Your Content. However, if we have reason to suspect that the Agreement has been violated, we reserve the right to investigate the incident and the Users involved, block Users from the Site, and refer matters to law enforcement authorities (which may include disclosure of Your Content in connection therewith).
The Site, its Content and the information which it contains is our property and/or the property of our affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. We reserve all rights not expressly granted in and to the Site and the Content.
- Use of the Site and Restrictions on Use.
You are granted permission to temporarily access and view the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of the restrictions contained in this Agreement. This license may also be terminated by us at any time. Upon the termination of this license or the Agreement, you must destroy any downloaded Content in your possession whether in electronic or printed format. You agree to comply with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations. You agree that you will NOT participate or engage in, nor encourage or aid others to participate or engage in, directly of indirectly, any of the following activities:
- Modify, reproduce or copy the Site or Content; attempt to decompile, disassemble, distribute, translate, adapt or reverse engineer any software, Content or elements contained on the Site or create any derivative works therefrom; remove any copyright or other proprietary notations from the Site; or transfer the Content to another person or “mirror” the Content on any other server.
- Use the Site for as a means to harass, or advocate the harassment of, another person or entity, or threaten, stalk, defraud, or interfere with another User’s use of the Site.Use the Site for as a means to harass, or advocate the harassment of, another person or entity, or threaten, stalk, defraud, or interfere with another User’s use of the Site.
- Impersonate any person or organization.
- Use the Site for commercial or promotional purposes, unless expressly allowed in advance and in writing by us.
- Use the Site for keyword spamming or attempting to influence organic search results.
- Use the Site to express viewpoints that have the potential to be interpreted as prejudiced or discriminatory.
- Use the Site in a manner that violates the rights of other Users or third parties, such as breaching a third party’s right of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, or any other rights, whether intellectual or proprietary.
- Use the Site for submitting or communicating any Content that contains false, misleading, unlawful, obscene, indecent, illegal, libelous, defamatory, infringing or pornographic material or information.
- Use the Site for solicitation of material from minors, or in any manner that could bring about potential harm to minors.
- Use the Site to crack passwords or security encryption codes, disrupt, work around or interfere with security measures, or otherwise use the Site for any purpose that interferes with security or causes harm to the Site or Content.
- Use the Site or Content as a means of transmitting destructive items such as viruses, worms, Trojan horses, or any devices, software or routine designed to interfere with the proper working order of the Site, or perform data mining of the Site.
- Attempt to access, index, or retrieve Content or the purpose of populating another database through the use of any automated device, robot, spider, or site search/retrieval application. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such materials.
- Attempt to gain unlicensed admission to the Site, any of its computer systems or networks connected thereto by means of hacking, password mining, or any other illegal or unethical means.
- Reformat or frame any part of The Site.
- Impose a load that is unreasonable or too large on the Site’s infrastructure, or make unnecessary traffic demands.
- Responsibility for Your Content; Permission to Use Your Content.
a. You may submit Content (e.g., photographs, graphics, videos) and/or user comments (“User Comments”) to us (collectively referred to as “Your Content”). Whether or not any of Your Content is published, you agree that we do not guarantee any confidentiality with respect to any Your Content.
b. You are solely responsible for Your Content and the consequences of submitting it. You represent, and/or warrant that you own or have all the necessary licenses, rights and permissions to use and authorize us to use Your Content, including all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights therein in the manner contemplated by this Agreement. By submitting Your Content to us, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, adapt, modify, sell, reproduce, distribute, prepare derivative works of, display, and perform Your Content (in whole or in part), for any purpose whatsoever, and to incorporate Your Content in other works in any form, media, or technology now known or later developed. Such license includes, without limitation, the right to: (i) promote and redistribute part or all of Your Content(and derivative works thereof) in any media formats and through any media channels, and (ii) use Your Content for promotional purposes, whether to promote the Site, other products or services, or third party products or services. You agree and acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by us to exploit any of Your Content, and that we may freely sublicense the rights that you grant it in this Section to third parties. You also grant each User a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform Your Content as permitted through the Site under these Terms of Service.
c. You will not submit Content, materials or submissions that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein. You agree and acknowledge that we do not endorse any of Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content. If you provide feedback to us regarding the Site, Content, or any other matters (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose. You represent and warrant that your Feedback does not contain any materials, Content or information that are confidential or proprietary to any third parties.
- Content Feeds.From time to time, Content from the Site may be made accessible to Users through Real Simple Syndication (RSS), Atom feeds and/or other feed functionality (the “Feeds”). Feeds may not be used for commercial purposes. Any display of feeds on your web site must also offer conspicuous links to applicable pages of the Site, with acknowledgment to the Site as the original source. You shall not suggest, through use or display of Feeds, that we or the Site endorse or support any third-party causes, websites, products or services. You shall not redistribute Feeds. Your use of the Feeds must comply with this Agreement including but not limited to the restrictions in Section 6.
a. We reserve the right to suspend or revoke (temporarily or permanently) your Use of the Site at any time and for any reason, without notice or liability. We may terminate this Agreement at any time. If we suspect that you have violated any provision of this Agreement, we may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to your Use, even after you have stopped using the Site. You may discontinue your Use of the Site at any time.
b. We reserve the right to decide whether Your Content is appropriate and complies with this Agreement. We may remove any or all of Your Content and/or terminate a User’s access at any time, without prior notice and at our sole discretion.
- Copyright Notices.We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that its Content is being displayed on or through the Site in a manner that constitutes copyright infringement (such person or entity, a “Complainant”) and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determine, in our discretion, that the material is infringing, we will remove the Content (and may terminate the access of the User who posted such Content to the Site, where applicable, in the case of Users who are repeat infringers). All notices claiming an infringement of copyright rights must contain the following:
(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
(ii) A statement specifically identifying the location of the infringing material, with enough detail that we may find it on the Site. Please note: it is not sufficient to merely provide a top level URL.
(iii) The complete name, address, telephone number and e-mail address of Complainant.
(iv) A statement stating that Complainant has a good faith belief that the use of the material is not authorized by the owner of the rights, their agents, or by law.
(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.Our contact information for notice of alleged copyright infringement is:firstname.lastname@example.org
Local DG, LLCAttn.: Copyright Notices
226 W 37th Street 3rd Floor
New York, NY 10018
- Warranties, Disclaimers, and Limitations of Liability.
a. no warranties of any kind, express, statutory or implied, are made by us as to (1) the site or its operation or functionality, (2) the safety, usefulness, legality, quality, completeness, integrity and accuracy and non-infringement of any content or material on the site, or (3) any advertisements, products or services promoted, distributed or sold by advertisers or third parties on the site. all content contained on the site is made available on an “as is” basis.
b. we disclaim all represenations and warranties with respect to the site, whether express, statutory or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
c. we do not accept, and expressly disclaim, all liability for losses or damage arising from your dealings or communications with the businesses, advertisers or users who post, make avaialble or distribute any content or advertising on the site. we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party advertisers or 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.
d. in no event shall we or our affiliates, parents, subsidiaries, managers, members, employees, directors, officers, licensors, suppliers, or agents, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your access to or use of the site, content, your content or the products and services available or advertised on the site. some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, if you reside in such a jurisdiction, the above limitations apply to the full extent permitted by applicable law.
e. our maximum total liability (and that of our affiliates, parents, subsidiaries, managers, members, employees, directors, officers, licensors, suppliers, and agents) to you for any claim under this agreement, whether in contract, tort, or otherwise, is limited to the greater of: (i) the amounts paid by you to us for use of the site during the six (6) months prior to the date on which the claim arose, or (ii) $50.00.
f. the above allocation of risk is an essential element of the basis of the bargain between the parties. each of these provisions is severable and independent of all other provisions of this agreement. the limitations in this section 11 will apply even if any limited remedy fails of its essential purpose. the site is controlled and offered by us from our facilities in the united states of america. we make no representations that the site is appropriate or available for use in other locations. those who access or use the site from other jurisdictions do so at their own volition and are responsible for compliance with their local law.
- Indemnity.You will indemnify, defend and hold harmless us and our parents, subsidiaries, licensors, affiliates, suppliers and partners, and the officers, employees, agents and representatives of each of them from and against any and all costs, liabilities, obligations, damages, losses, debts and expenses (including reasonable legal fees and costs) arising from or related to: (i) your Use of the Site, (ii) Your Content; (iii) your violation of any of the terms and conditions in this Agreement, and/or (iv) any infringement or violation by you or a third party that may be using your account of any intellectual property right, proprietary right or other right of any person or entity. You may not settle any claim without our prior written consent. This defense and indemnification obligation will survive this Agreement and your termination of use of the Site.
Notices to us shall be sent via email to email@example.com or to the following mailing address:
Local DG, LLCAttn.: Legal
226 W 37th Street 3rd Floor
New York, NY 10018