General
Di5FX Web Design Studio and, its subsidiaries and affiliates (collectively "MTF Enterprises ") provide you with access to this Web site and the services
available on this Web site, or other Web sites as indicated below, (collectively,
the "Services," which will be defined more under the Section, "Services.").
Access to and use of the Services is governed by these Terms of Use (the
"Agreement"). By accessing or using the Services, you indicate your assent
to be bound by the Agreement, and your acknowledgment of and agreement to
its terms.
Services
The Services include Di5FX Web and Flash Design (the "WebDev Services").
The Services may also be located on third party web sites and/or applications.
Our WebDev Services enable you to develop a presence on the World Wide Web
for anything that interests you, whether it is fly fishing, medical research
or digital cameras. We provide you with proprietary resources, services,
software, et al., as well as proprietary resources, services, software,
et al., provided to Di5FX Web Design Studio by a third party to supplement and
enhance DI5 WebDev services.
More details pertaining to Search
and Advertising on Di5FX:
From time to time, you may encounter 3rd Party
advertisements and Internet search opportunities on Di5FX Web Design Studio. These services act
as a system or venue to introduce you to buyers and sellers of goods and services
and providers of information. Di5FX Web Design Studio uses reasonable efforts to ensure
the availability of the information and content, including links, that it
makes available through the Services. However, the Services are composed of
content not offered by Di5FX Web Design Studio. Di5FX Web Design Studio does not control
(i) the quality, safety or legality of items available through or on its advertisers'
Web sites or sites of third parties not in privity of contract with Di5FX Web Design Studio,
(ii) the truth or accuracy or legality of the content from those advertisers
or those third parties (even if such content appears on the Services), or
(iii) the availability or technical capabilities of their Web sites or links
to those Web sites. Di5FX Web Design Studio is not liable or responsible for content
supplied by third parties, or for actions you might take in reliance on that
content.
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.
Di5FX Web Design Studio does not guarantee the price, terms, product, availability
and/or services offered by any advertiser.
For all of the Services, Di5FX Web Design Studio 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 agree to release and hereby release Di5FX Web Design Studio (and MTF ENTERPRISES' officers, directors, agents, subsidiaries, affiliates, employees, successors,
assigns, content providers and service providers) from 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.
Only
Personal Use is Authorized
Under this Agreement, Di5FX Web Design Studio gives
you permission to access and use the Services for your personal use, and
to copy, distribute and transmit the content of the Services only to the
extent that such copying, distribution, and transmission is automatically
done through your browser software incidentally to using the Services for
your personal use. You may also print a copy of the information displayed
on the Services for your personal use. That means, that except as set forth
above, you may not modify, reformat, copy, display, distribute, transmit,
publish, license, create derivative works from, transfer or sell any information,
products, or service obtained by your use of the Services. This restriction
means, among other things, that you may not mirror on your own Web site
any portion of the Services or display through your own Web site any results
pages or other information from the Services without Di5FX Web Design Studio's express permission.
The technology underlying, and content within,
the Services is owned by Di5FX Web Design Studio and/or its licensors (including Di5FX Web Design Studio's advertisers and other
content providers) and is protected by copyright and other intellectual
property or proprietary rights. If you use the Services other than as provided
above, you may violate copyright and other laws of the United States, other
countries, as well as applicable state laws and may be subject to penalties.
That would not be a good thing. As between you and Di5FX Web Design Studio, Di5FX Web Design Studio owns and retains all ownership of the technology underlying and content
within the Services, and reserves all rights not explicitly granted to you
in this Agreement.
Disclaimer
of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. DI5FX WEB DESIGN STUDIO DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE STATED WITHIN INDIVIDUALLY SIGNED CONTRACTUAL AGREEMENT.
Di5FX Web Design Studio Potential Liability for the
Services is Limited
NEITHER DI5FX WEB DESIGN STUDIO NOR ANY OF MTF ENTERPRISES, LLC's OFFICERS, DIRECTORS, AGENTS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS
OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY
TO GAIN ACCESS TO OR USE THE SERVICES. Di5FX Web Design Studio WILL NOT BE LIABLE
FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION
CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Di5FX Web Design Studio, ITS
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE
PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
In notifying Di5FX Web Design Studio of alleged
copyright infringement, you must include the following information: A description
of the copyrighted work that is the subject of claimed infringement A description
of the infringing material and information sufficient to permit Di5FX Web Design Studio
to locate the alleged material Contact information for you, including your
address, telephone number and/or email address A statement by you that you
have a good faith belief that the material in the manner complained of is
not authorized by the copyright owner, or its agent, or by the operation
of any law A statement by you, signed under penalty of perjury, that the
information in the notification is accurate and that you have the authority
to enforce the copyrights that are claimed to be infringed A physical or
electronic signature of the copyright owner or a person authorized to act
on the owner's behalf
Failure to include all of the above-listed information may result
in the delay of the processing of your complaint. For more information on
the Digital Millennium Copyright Act please visit the United States Copyright
Office at http://lcweb.loc.gov/copyright/onlinesp/.
Di5FX Web Design Studio does not arbitrate or resolve
trademark disputes among Di5FX Web Design Studio advertisers or between those advertisers
and third parties. However, Di5FX Web Design Studio will promptly comply with an
order of a court of competent jurisdiction concerning a trademark issue.
Di5FX Web Design Studio occasionally receives requests to remove listings from
within the Services. Di5FX Web Design Studio reserves the right to address such
requests on a case-by-case basis.
Objectionable Material
Di5FX Web Design Studio encourages you to use discretion when browsing the
Internet or using the Services. The Services may contain information that
you find objectionable, harmful, deceptive or otherwise inappropriate, especially
for children. To ensure you do not receive offensive material, nevertheless,
you must install your own filtering software if you wish to limit the content
available through the Services.
If you come across any site that
you believe contains child pornography or other illegal material, please contact DI5 ABUSE and we will contact the authorities as appropriate.
Privacy
and Data Collection
Di5FX Web Design Studio does not collect personally identifying information
from users of the Services unless users have explicitly given such information
to Di5FX Web Design Studio (for example, when becoming an advertiser or when sending
us an email with a question or as part of a contest). Di5FX Web Design Studio information
practices are further described in its privacy
policy. ProjectatDi5FX.com's privacy policy is part of this Agreement, and
you agree that use of data as described in the privacy policy is not an
actionable breach of your privacy or publicity rights. If you have entered
into another agreement with Di5FX Web Design Studio (such
as an Affiliate Agreement or an Advertiser Agreement), then you may be subject
to additional or different provisions regarding privacy and data collection.
If you would like more information, please read our privacy policy.
You should consider any communication that
you transmit to Di5FX Web Design Studio (such as data, questions or answers, comments,
or suggestions) as non-confidential, and agree that Di5FX Web Design Studio will
not be liable or responsible if information that belongs to you is intercepted
and used by an unintended recipient.
Control over Features, Functions, and
Access to the Services
Di5FX Web Design Studio reserves the right to change any information, features
and functions of the Services without prior notice. Di5FX Web Design Studio may
deny you access to all or part of the Services without prior notice if you
engage in any conduct or activities that Di5FX Web Design Studio determines, in
its sole discretion, violate this Agreement, the rights of Di5FX Web Design Studio or any third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of North Carolina
without regard to its conflict of law provisions. Di5FX Web Design Studio failure
to exercise or enforce any right or provision of the Agreement will not
be deemed to be a waiver of such right or provision. If any provision of
this Agreement 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 this Agreement 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.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or
the Services will be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. 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 Raleigh,
NC , and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. Either you or Di5FX Web Design Studio may
seek any interim or preliminary relief from a court of competent jurisdiction
in Raleigh, NC, as necessary to protect the rights or property
of you or Di5FX Web Design Studio
Amendment(s)
Di5FX Web Design Studio may amend this Agreement at any time by posting the amended
terms on its Web site. Except as stated below, all amended terms are automatically
effective 15 days after they are initially posted. This Agreement may not
be otherwise amended except in a written document signed by you and Di5FX Web Design Studio.
Contacting Us
If you have any questions about our site, this agreement, or our general
procedures, please contact Customer Relations
[Last Revised On: 08/15/07] |
