Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify DAS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site. DAS will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Site: DAS reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that DAS will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
User Conduct: In addition to any applicable guidelines or policies that may govern specific components of the Site, you agree to comply with the following conditions in using the Site. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise transmit via the Site. The following are examples of the kind of content and/or use that is illegal or prohibited by DAS. You agree to not use the Site to:
Site Content, Software and Trademarks: You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by DAS, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by DAS from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by DAS.
User Content Transmitted Through the Site: With respect to the content or other materials you upload through the Site or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant DAS and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any DAS related purpose in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) provided by you to DAS are non-confidential and DAS will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment or compensation to you.
The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third party applications. DAS has no control over such sites, resources or applications and DAS is not responsible for and does not endorse such sites, resources or applications. You further acknowledge and agree that DAS will 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 content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that DAS is not liable for any loss or claim that you may have against any such third party.
Your use of the site is at your sole risk. the site is provided on an “as is” and “as available” basis. DAS expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. DAS makes no warranty that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the site will be accurate or reliable.
You expressly understand and agree that DAS will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if DAS has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the site or any related information; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party (including users) on the site; or (iv) any other matter relating to the site.
You agree that you are solely responsible for your interactions with any other user in connection with the Site and DAS will have no liability or responsibility with respect thereto. DAS reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.