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TERMS OF USE

Last Modified: December 15, 2013

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOU AGREE TO THESE TERMS OF USE BY ACCESSING THIS SITE, REGISTERING FOR THIS SITE, OR BY ACCEPTING OR DOWNLOADING ANY INFORMATION AND CONTENT FROM THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS SITE.

This is the official Terms of Use Agreement (“Terms of Use“) for the Dottmedia.com website (“Site,” “we,” “us,” or “our“), an Internet website provided by Dottmedia Inc. (“Dottmedia”). These Terms of Use apply whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device“).

1.            Eligibility; Acceptance of Terms.

This Site is offered and made available only to users 13 years of age and certain features on this Site (including, but not limited to, user registration) may be subject to heightened age and/or other eligibility requirements. If you are not yet 13 years old or the required greater age for certain features, and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility requirements of the Site.

By accessing and using the Site or downloading materials from the Site, you accept and agree to, without limitation or qualification, these Terms of Use. Dottmedia reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Site after any changes to these Terms of Use are posted, you are indicating your renewed agreement to be bound by any such changes. Please also review our Privacy Policy.

2.            General.

By accessing or linking to this Site, you assume the risk that this Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Content“) on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. Dottmedia assumes no obligation to update the Content.

The words “use” or “using” in these Terms of Use, means any time an individual (a “User“), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. These Terms of Use do not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described herein.

As a User of the Site, you agree not to use the Content for any unlawful purposes and not to violate Dottmedia’s rights or the rights of others. Dottmedia reserves the right to object or otherwise take action against any such use. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.

3.            Trademarks and Copyrights.

The Content of this Site is the property of Dottmedia and/or third parties, and any of their respective successors and assigns, and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.  Nothing contained in these Terms of Use or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of Dottmedia or such third party that may own the Content displayed on the Site. ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF DOTTMEDIA. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Dottmedia or its owner if Dottmedia is not the owner.

4.            Emails.

The contents of an Email (including any attachments) you receive from Dottmedia are confidential to the sender and the intended recipient. The information contained in such Email may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you may not copy, forward, disclose or otherwise use any part of such email in any form whatsoever. Please delete and destroy all copies of the Email in your possession. Please also reply to the sender and notify him or her that you have received such Email in error. Any views or opinions expressed in an Email that you receive from Dottmedia are solely those of the author of such Email and do not necessarily represent those of Dottmedia unless specifically stated. The content of an Email that you receive from Dottmedia does not create, amend, modify or form any part of a contract, an entitlement or a binding obligation unless specifically stated. Email messages may contain computer viruses or other defects. It is your responsibility to carry out appropriate virus and other checks to ensure that Email messages and attachments do not damage your systems or data. Email messages may not be accurately replicated on other systems, or may be modified, deleted or intercepted without the knowledge of the sender or the intended recipient. You should also be aware that Email submissions over the Internet may not be secure, and you should consider this before Emailing the Site or Dottmedia any information. Dottmedia is not responsible for any improper, untimely, or incomplete transmission. Please note that Dottmedia reserves the right to intercept, monitor, review and retain Email messages from external and internal sources as permitted by applicable law.

5.            Rules of Conduct.

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

•          be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else,

•          affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site,

•          send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”,

•          violate Dottmedia’s rights or the rights of others,

•          be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages,

•          transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful, disruptive or destructive programs or other material or information,

•          forge any TCP/IP packet header or part of the header information in any email or Posting (as hereinafter defined) for any reason,

•          violate any laws, regulations, judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to and/or use the Site, other users’ names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement,

•          modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise, or

•          collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

6.            Postings

Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in community and other message and communication facilities (“Communities“) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages or other information (“Post” or “Postings“).  You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site or Dottmedia. We reserve the right to monitor, moderate, edit or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of these Terms of Use, we reserve the right, at any time and without limiting any and all other rights we may have under these Terms of Use, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

You understand, acknowledge and agree that we have the right to moderate, delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made).

The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.

7.          Rights and Obligations Regarding Content You Submit to the Site.

Please be aware that all Postings and Submissions (collectively, “User Submissions”) (except as otherwise described in our Privacy Policy) will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure.

By sending User Submissions to or through the Site,  you represent and warrant that (a) the User Submission is accurate and original with you and/or is fully cleared for use as contemplated herein, (b) the User Submission does not violate or infringe the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy, (c) the User Submission does not and will not, in any way, violate or breach any of the terms of these Terms of Use, (d) the User Submission does not contain libelous, tortuous, or otherwise unlawful information, or contain any matter the publication or sale of which will violate any regulation or any international treaties and/or laws, (e) the User Submission is not obscene or in any other manner unlawful, (f) the User Submission is not injurious to the health of any third party, (g) the User Submission was produced in compliance with all applicable laws and regulations and (h) the use or exploitation of the User Submission shall not give rise to an obligation for us to pay or incur any sums to any person or entity.   If the User Submission incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to grant the Site the right to use such User Submissions in accordance with the terms hereof.

When you send User Submissions to the Site or Dottmedia, you irrevocably grant to Dottmedia a perpetual, non-exclusive, worldwide, royalty-free right and license to use the User Submission, in whole or in part, alone or together with or as part of any other information, content and/or material of any kind or nature, including, without limitation, the right to use all right, title and interest in all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your User Submissions.

You further agree that Dottmedia will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of your User Submissions or portions of your User Submissions, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such User Submissions.

You hereby waive any moral rights you may have in and to any of your User Submissions, even if such material is altered or changed in a manner not agreeable to you.

If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of these Terms of Use (except for any notices covered by the Copyright Compliance Policy), please click here to send us an email (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy.) We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

8.          Registration.

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information on all registration pages. If you register with the Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. Dottmedia reserves the right to terminate membership and/or deny access to the Site to any person in its sole discretion.

9.          Privacy.

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

10.          Linking Policy and Links to Third Party Websites.

If you link to this Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill associated with Dottmedia’s name and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated and/or associated with Dottmedia. You agree that you will not link to the Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. Under no circumstances may you “frame” this Site or alter its Content in any way. Dottmedia reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Site and/or these Terms of Use. This Site also contains links or references to other websites maintained by third parties over which Dottmedia has no control. Dottmedia is not responsible for the content or performance of other websites to which this Site may be linked or from which this Site may be accessed. Dottmedia makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any content or information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply any endorsement or recommendation by Dottmedia.

11.          Disclaimers.

THE SITE, THE CONTENT, AND ALL EMAILS SENT BY DOTTMEDIA OR AFFILIATES (“EMAILS“) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS SITE, THE CONTENT, AND THE EMAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. DOTTMEDIA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE, THE CONTENT, AND/OR THE EMAILS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR SOLE RISK AND THAT DOTTMEDIA DOES NOT GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY DOTTMEDIA. DOTTMEDIA MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS SITE, THE CONTENT, OR THE EMAILS. THIS SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. DOTTMEDIA DOES NOT WARRANT THAT THE CONTENT, THE SITE, OR THE EMAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE, THE CONTENT, OR THE EMAILS WILL BE CORRECTED, OR THAT THE SITE, THE SERVERS THAT MAKE THE SITE AND/OR THE CONTENT AVAILABLE, AND THE EMAILS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitations of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DOTTMEDIA BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM OR IN CONNECTION WITH THIS SITE, THE CONTENT, THE EMAILS, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, THE CONTENT, OR THE EMAILS, EVEN IF DOTTMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE, THE CONTENT, OR THE EMAILS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DOTTMEDIA BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER EQUIPMENT OR PROPERTY IN CONNECTION WITH ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. IN NO EVENT WILL DOTTMEDIA BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13.          Indemnification.

By accessing, using and/or providing User Submissions to or through this Site, you agree to indemnify, defend and hold harmless Dottmedia from and against any actual or alleged claims, demands, causes of action, judgments, liabilities, losses, damages, and all costs and expenses of defense (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your breach of your representations; (b) your violation of these Terms of Use or any law; (c) a claim by a third party that is based on your use of this Site and/or the Content; (d) Dottmedia’s use of any information you provide, including, without limitation, User Submissions or (e) any misrepresentation made by you. You will cooperate as fully and as reasonably required in Dottmedia’s defense of any claim. You shall not in any event settle any matter without the written consent of Dottmedia. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

14.          Miscellaneous.

Dottmedia will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized team member of Dottmedia. Dottmedia reserves the right to modify or discontinue this Site, or any portion thereof, without liability or notice to you or any third party. Upon termination of your access to the Site, or upon demand by Dottmedia, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.

These Terms of Use were last modified on the date indicated above and are effective immediately.

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