Terms & Conditions

This website (“Website”) is owned and operated by DMC Digital Marketing, with offices at (addresses) (“Company”). These Terms of Use (this “Agreement”) is a binding agreement between the Company and you (“End User”, “You” or “Your”). This Agreement governs Your use of and access to the Company’s Website and the software platform and all related documentation and services (“Platform”).

 

THE COMPANY PROVIDES THE ACCESS TO THE WEBSITE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT INCLUDING OUR PRIVACY POLICY FOUND HERE AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY ACCESSING THE WEBSITE, USING THE PLATFORM AND CONDUCTING TRANSACTIONS WITH THE COMPANY IN CONNECTION WITH THE WEBSITE YOU HEREBY: (1) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; (2) AGREE THAT YOU WILL ONLY ACCESS THE WEBSITE IF YOU ARE 18 YEARS OLD, (3) AGREE THAT YOU WILL COMPLY WITH AND BE BOUND BY THIS AGREEMENT AS IT APPEARS ON THE WEBSITE EACH TIME YOU ACCESS AND USE THE WEBSITE, (4) AGREE THAT EACH USE OF THE WEBSITE BY YOU INDICATES AND CONFIRMS YOUR ASSENT TO AND AGREEMENT TO BE BOUND BY THIS AGREEMENT; AND (5) REPRESENT, WARRANT AND COVENANT THAT: (A) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (B) IF YOU ARE A CORPORATION, GOVERNMENTAL ORGANIZATION OR OTHER LEGAL ENTITY, THAT YOU HAVE THE RIGHT, POWER, AND AUTHORIZATION TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR CORPORATION, GOVERNMENTAL ORGANIZATION OR OTHER LEGAL ENTITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE COMPANY DOES NOT AND WILL NOT LICENSE THE PLATFORM TO YOU OR PROVIDE YOU WITH ACCESS TO THE WEBSITE AND YOU MUST NOT USE THE PLATFORM OR WEBSITE.

 

  1. License Grant. You agree and acknowledge that You have the sole responsibility and liability for Your use of the Website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for You to access and use the Website.

 

  1. Restrictions. You shall not: (a) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Website, (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Website or any part thereof; (c) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website or any features or functionality of the Website, to any third party for any reason; (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Website; or (f) use the Website or any part thereof for any purpose that: (i) interferes with or induces a breach of the contractual relationships between Company and its employees; (ii) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property; (iii) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications; (iv) transmits any harmful or disabling computer codes or viruses; (v) harvests Email addresses from the Website; (vi) transmits unsolicited Email to this site or to anyone whose Email address included the domain name under on the Website; (vii) interferes with the Company’s network services; (viii) attempts to gain unauthorized access to the Company’s network services; (ix) suggests an express or implied affiliation with the Company or broker relationship with the Company (without the express written permission of the Company); (x) impairs or limits the Company’s ability to operate the Website or any other person’s ability to access and use or Website; (xi) unlawfully impersonates or otherwise misrepresents Your affiliation with any person or entity; (xiii) harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (xii) transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; (xiv) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities; (xv) dilutes or depreciates the name and reputation of the Company or any of its affiliates; (xvi) transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or (xvii) unlawfully transmits or uploads any confidential, proprietary or trade secret information.

 

  1. Intellectual Property and Reservation of Rights. You acknowledge and agree that: (a) the website is provided under license, and cannot be sold, to You; and (b) You do not acquire any ownership interest in the Website under this Agreement, or any other rights thereto other than the right to access the Website, which is in each case subject to all terms, conditions, and restrictions, under this Agreement. The company, its licensors, and service providers reserve and shall retain their entire right, title, and interest in and to the Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as otherwise expressly granted to You in this Agreement.

 

  1. Feedback. You hereby acknowledge and agree that the Company shall own all right, title, and interest in and to any suggestions, enhancement requests, recommendations, or other feedback from You relating to the Website, including in response to any surveys (“Feedback”).  Should any right or interest inure to You, You hereby agree to irrevocably assign and hereby do irrevocably assign an all right title and interest in any such Feedback to Company.

 

  1. Revisions and Modifications. You agree and acknowledge that the Company may revise or change the terms of this Agreement at any time, without notice to You, and You agree that You will be bound by the provisions of this Agreement as they appear on the Website at the time You access the Website. Because the terms of this Agreement may change, You are encouraged to refer back often to this Agreement. In addition, You agree and acknowledge that all other contents, services, products, and materials on or available through the Website are subject to updating and revision without notice to You. You further acknowledge and agree that individual modifications to the terms of this Agreement may not be altered by contract unless expressly permitted in writing by the Company.

 

  1. Term. The term of Agreement commences when You use the Website and will continue in effect until terminated by You or Company as set forth in this Agreement.

 

  1. Reliance on Information. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the timeliness, accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

 

The Website includes content provided by third parties or linked to from third-party websites, including Google Analytics and materials provided by end-users. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

 

In no event will We be liable for any decision made or action taken in reliance upon the information provided, including information provided by other users, through this Website.

 

  1. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provisions will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.

 

  1. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the _______ without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Website shall be instituted exclusively in the federal courts of _________.  You consent and submit to personal jurisdiction by such courts and to venue in such courts.

 

  1. Linking. For Your convenience, this Website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise the Website, the Company does not endorse, approve, sponsor or control, and the Company is not in any way responsible for, any of the content, services, calculations, information, products, or materials available at or through any websites to which the Website may provide a link. By using the Website You acknowledge and agree that the Company will not be responsible or liable to You or any other person for any damages or claims that might result from Your use of such content, services, calculation, information, products or materials.

 

  1. Privacy Policy. Your use of the Website and any personal information provided or used by you to access the Website shall be collected, used, and/or stored in accordance with Our Privacy Policy and you hereby consent to all actions we take with respect to your information consistent with the Privacy Policy found here.

 

  1. Third-Party Services. The Website may contain services and functionality provided by third parties. The use of such services or functionalities may be subject to additional terms and conditions provided by such third parties, and we have no control over such terms and conditions. By using this Website, you acknowledge that your use of such third-party services is subject to the terms and conditions of use for such third parties, over which we have no control.

 

  1. Additional Terms and Entire Agreement. You acknowledge that certain features of the Website, as well other products and services of the Company, including those that may be available through the Website, may be subject to terms, conditions, and disclaimers in addition to this Agreement, and You agree that Your use of the Website and any such products and services may be subject to such additional terms, conditions and disclaimers (“Additional Terms”).  This Agreement and the Additional Terms constitute the entire agreement between You and Company with respect to the use of the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website. The Additional Terms are hereby incorporated by reference as if fully restated herein mutatis mutandis.

 

  1. Waiver. No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable users or other terms, the terms of this Agreement shall govern.

 

  1. Contact Us. If you have any questions about this Agreement, please contact us:

 

By email: