Most websites have fine print,
so here's mine. The following Terms of Use
govern the use of the Dimpledorb.net website and the content, services and
products available at or through the website (taken together, the
“Website”). The Website is operated by Daniel Moore, a/k/a,
Chuck Dumbáss, a/k/a Dimpled Orb Productions (“DOP”). The Website is
offered free of charge for personal, non-commercial use, intended primarily for the amusement of our
visitors. Use of the Website is subject to acceptance without modification of all of
the Terms of Use contained herein and all other operating rules,
policies (including, without limitation, DOP’s Privacy Policy) and
procedures that may be published from time to time on the Website (collectively, the “Terms
of Use”).
By accessing or using any part of the Website, you agree to the Terms
of Use. If you do not agree to all of the Terms of Use, then please do
not access the Website. If the Terms of Use are considered an offer by
DOP, acceptance is expressly limited to these terms. The Website is
available only to individuals who are at least 13 years of age.
DOP has not reviewed, and cannot review,
all of the material, including computer software, posted to the Website,
and cannot therefore be responsible for that material’s content, use or
effects. By operating the Website, DOP does not represent or imply that
it endorses the material there posted, or that it believes such material
to be accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems
from viruses, worms, Trojan horses, and other harmful or destructive
content. The Website may contain content that is offensive to some, as well as
content containing technical inaccuracies, typographical mistakes, and
other errors. The Website may also contain material that violates the
privacy or publicity rights, or infringes the intellectual property and
other proprietary rights of third parties, or the downloading, copying or
use of which is subject to additional terms and conditions, stated or
unstated. DOP disclaims any responsibility for any harm resulting from
the use by visitors of the Website, or from any downloading by those
visitors of content there posted.
DOP has not reviewed, and cannot review,
all of the material, including computer software, made available through
the websites and webpages to which Dimpledorb.net links, and that link to
Dimpledorb.net. DOP does not have any control over those
non-Dimpledorb.net websites and webpages, and is not responsible for their
contents or their use. By linking to a non-Dimpledorb.net website or
webpage, DOP does not represent or imply that it endorses such website or
webpage. You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. DOP disclaims any
responsibility for any harm resulting from your use of non- Dimpledorb.net
websites and webpages.
If you believe that
material located on or linked to by Dimpledorb.net violates your
copyright, you are encouraged to notify DOP. DOP will respond to all
such notices as required or appropriate, including by removing the
infringing material or disabling all links to the infringing material.
DOP will terminate a visitor’s access to and use of the Website if, under
appropriate circumstances, the visitor is determined to be a repeat
infringer of the copyrights or other intellectual property rights of DOP
or others.
The Terms of Use do not transfer from
DOP to you any DOP or third party intellectual property, and all right,
title and interest in and to such property will remain (as between the
parties) solely with DOP. DOP, Dimpledorb.net, The Turtle, the Turtle
Logo, the Dimpledorb.net logo, and all other trademarks, service marks,
graphics and logos used in connection with Dimpledorb.net, or the Website
are trademarks or trademarks of DOP or DOP’s licensors. Other trademarks,
service marks, graphics and logos used in connection with the Website may
be the trademarks of other third parties. Your use of the Website grants
you no right or license to reproduce or otherwise use any third-party
content or trademarks. You are welcome to use content belonging solely to
DOP and repurpose it for your own use if you attribute it to DOP and
provide a link to DOP somewhere on your site.
DOP reserves the right, in its sole
discretion, to modify or replace any part of the Terms of Use. Continued use of or access to the Website following the posting of any
changes to the Terms of Use constitutes acceptance of those changes. DOP
may also, in the future, offer new services and/or features through the
Website (including, the release of new tools and resources). Such new
features and/or services shall be subject to the terms and conditions of
the Terms of Use.
DOP may terminate access to all or
any part of the Website at any time, with or without cause, with or
without notice, effective immediately. If you wish to terminate the
Terms of Use you may simply discontinue using the Website. All provisions
of the Terms of Use which by their nature should survive termination shall
survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is.” DOP
and its suppliers and licensors hereby disclaim all warranties of any
kind, expressed or implied, including, without limitation, the warranties
of merchantability, fitness for a particular purpose and non-infringement.
Neither DOP nor its suppliers and licensors, makes any warranty that the
Website will be error free or that access thereto will be continuous or
uninterrupted. If you’re actually reading this, here’s a treat. You
understand that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
In no event will DOP, or its suppliers
or licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or other legal
or equitable theory for: (i) any special, incidental or consequential
damages; (ii) the cost of procurement or substitute products or services;
(iii) for interruption of use or loss or corruption of data; or (iv) for
any amounts that exceed the fees paid by you to DOP under this agreement
or otherwise during the twelve (12) month period prior to the cause of action. DOP
shall have no liability for any failure or delay due to matters beyond
their reasonable control. The foregoing shall not apply to the extent
prohibited by applicable law.
You represent and warrant that (i) your
use of the Website will be in strict accordance with the DOP Privacy
Policy, with the Terms of Use, and with all applicable laws and regulations
(including without limitation any local laws or regulations in your
country, state, city, or other governmental area, regarding online conduct
and acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside) and (ii) your use of the Website will not
infringe or misappropriate the intellectual property rights of any third
party.
You agree to indemnify and hold harmless
DOP, its contractors, and its licensors, and their respective directors,
officers, employees and agents from and against any and all claims and
expenses, including attorneys’ fees, arising out of your use of the
Website, including but not limited to your violation of the Terms of Use.
The Terms of Use constitute the entire
agreement between DOP and you concerning the subject matter hereof, and
may only be modified by a written amendment signed by an authorized
signatory for DOP, or by the posting by DOP of a revised version. Except
to the extent applicable law, if any, provides otherwise, the Terms of Use,
any access to or use of the Website will be governed by the laws of the
state of Tennessee, U.S.A., excluding its conflict of law provisions, and
the United States of America, and
the proper venue for any disputes arising out of or relating to any of the
same will be the state and federal courts located in Knox County,
Tennessee. The prevailing party in any action or proceeding to enforce
the Terms of Use shall be entitled to costs and attorneys’ fees. If any
part of the Terms of Use is held invalid or unenforceable, that part will be
construed to reflect the parties’ original intent, and the remaining
portions will remain in full force and effect. A waiver by either party
of any term or condition of the Terms of Use or any breach thereof, in any
one instance, will not waive such term or condition or any subsequent
breach thereof. You may assign your rights under the Terms of Use to any
party that consents to, and agrees to be bound by, its terms and
conditions. DOP may assign its rights under the Terms of Use without
condition. the Terms of Use will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.
(Note, the foregoing Terms of Use are
available under a
Creative Commons Sharealike license, which means you’re more than
welcome to use it and repurpose it for your own use, just make sure to
replace references to DOP with ones to you, and include a link to
WordPress.com somewhere on your
site.)
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