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Dexyy Terms Of Use
AGREEMENT BETWEEN USER AND DEXYY
The Dexyy Web Site is comprised of various Web pages operated by Dexyy. The
Dexyy Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the Dexyy Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Dexyy reserves the right to change the terms, conditions, and notices under
which the Dexyy Web Site is offered, including but not limited to the charges
associated with the use of the Dexyy Web Site.
LINKS TO THIRD PARTY SITES
The Dexyy Web Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Dexyy and Dexyy is not responsible for
the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Dexyy is not
responsible for webcasting or any other form of transmission received from any
Linked Site. Dexyy is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Dexyy of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Dexyy Web Site, you warrant to Dexyy that you
will not use the Dexyy Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the Dexyy Web Site in
any manner which could damage, disable, overburden, or impair the Dexyy Web Site
or interfere with any other party's use and enjoyment of the Dexyy Web Site. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Dexyy Web
Site.
USE OF COMMUNICATION SERVICES
The Dexyy Web Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"), you agree to
use the Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication Service. By
way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
Dexyy has no obligation to monitor the Communication Services. However, Dexyy
reserves the right to review materials posted to a Communication Service and to
remove any materials at its sole discretion. Dexyy reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
Dexyy reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, at Dexyy's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Dexyy does not control
or endorse the content, messages or information found in any Communication
Service and, therefore, Dexyy specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized Dexyy
spokespersons, and their views do not necessarily reflect those of Dexyy.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DEXYY OR POSTED AT ANY DEXYY WEB SITE
Dexyy does not claim ownership of the materials you provide to Dexyy (including
feedback and suggestions) or post, upload, input or submit to any Dexyy Web Site
or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting
Dexyy, its affiliated companies and necessary sublicenses permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Dexyy is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time at Dexyy's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE DEXYY WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DEXYY AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DEXYY WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE DEXYY WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DEXYY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DEXYY WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DEXYY AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEXYY
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DEXYY WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE DEXYY WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DEXYY WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE DEXYY WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEXYY OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DEXYY WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
DEXYY WEB SITE.
SERVICE CONTACT : dexyyhook@aol.com
TERMINATION/ACCESS RESTRICTION
Dexyy reserves the right, at its sole discretion, to terminate your access to
the Dexyy Web Site and the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use of the
Dexyy Web Site. Use of the Dexyy Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and Dexyy as
a result of this agreement or use of the Dexyy Web Site. Dexyy's performance of
this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Dexyy's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Dexyy Web Site or information provided to or gathered by Dexyy
with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and Dexyy with respect to the Dexyy Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Dexyy with respect to the Dexyy Web Site.
A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Dexyy Web Site are: and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
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