TERMS & CONDITIONS OF USE
1.GENERAL TERMS It is your responsibility to read these Terms and Condition before
using the dd-cards.com website (the Website). By using the Website you signify your
consent and agreement to the Terms and Conditions listed below, which will become a
binding agreement between you and the company (the "Agreement"). DDCARDS (the
"Company", "We", or "Us") is only willing to allow you access to the Website if you accept all
of the terms of this agreement. Please read these terms carefully.
2.REGISTRATION In order for you to gain access to the services (the "Services") offered
by the Website, you will first need to register as a user. You certify that all information you
provide during the registration process and at any time afterwards ("Registration
Information") will be true, accurate, complete, and up-to-date and that you will update your
Registration Information as necessary so that it is, complete, true, accurate, and current at
all times. Either you or the Company may terminate your user registration at any time. Upon
termination of your registration as a "user", you will no longer be allowed access to the
Website or the Services offered through the Website. DDCARDS may use all Registration
Information, subject to the Company's compliance with the Company Privacy Policy that can
be found at the Privacy Policy (the "Privacy Policy"). This Agreement includes terms and conditions outlined in the Privacy Policy. By entering into this Agreement, you are
consenting to have your personal data used by the Company as described in the Privacy
Policy.
3.CONTENT PUBLISHING In order to use this website, you must own the content, or have
a license from the copyright owner for the content you're uploading. You herby certify and
agree that no content submitted by you or through your account will violate or infringe upon
the rights of any third party, including copyright, trademark, privacy, publicity or other
personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
Also, you hereby acknowledge and agree that you are solely responsible for all materials
that you post or publish on the Website, including without limitation, information,
photographs, video, code, links, data, sound, text, software, music, pictures, graphics, chat,
messages, files and any other materials ("Content"). You certify that you have all the
necessary legal rights to publish any Content on the Website or that you own the Content.
You also acknowledge and agree that the Company shall, at all times, possess the right to
refuse, include and/or to remove any or all of your Content for any reason and at its sole
discretion. You hereby acknowledge and agree that DDCARDS may disclose your Content
in order to: (a) comply with law enforcement, court orders, or the legal process; and/or (b)
settle disputes over intellectual property ownership; and/or (c) protect the rights and safety
of individuals.
4.TERMINATION The Company reserves the right in its sole discretion to immediately
terminate or suspend your use of the website without notice if you fail to comply with any
term or provision of these Terms and Conditions. On termination you must destroy all
materials and associated documentation obtained from the Website and all copies of such
materials.
5.WEBSITE USE You agree and understand that the Services and the Website are
available for your personal use only. You agree that you will not use the Website in any
illegal manner or in any other way that could disable, damage, overburden or impair the
Website. You agree not to collect email addresses or other contact information of other
Website users by electronic or other means for the purposes of sending unsolicited emails
or other unsolicited communications. Additionally, you agree not to use automated scripts to
collect information from the Website. Your use of any Services that facilitate commercial
transactions may be subject to additional terms and conditions. For the sake of clarity, you
will not gain any ownership interest in the Company, the Services or any other materials
contained on the Website, whether through these Terms and Conditions or otherwise. You
agree that your use of the Service is for your own personal use and must not be used for
any commercial purpose. You agree not to use the Website to: (a) impersonate any person
or entity, or falsely claim or otherwise misrepresent yourself or your affiliation with any
person or entity; (b) use or attempt to use another user's account, without authorization
from the Company, or create a fake identity using the Services or the Website; (c) post,
email, upload, transmit or otherwise make available any Content that we see to be harmful,
abusive, vulgar, threatening, harassing, hateful, obscene, or racially, ethnically or otherwise
objectionable; (d) post, email, upload, transmit or otherwise make available any unsolicited
or unauthorized promotional materials, advertising, "spam", "junk mail", "pyramid schemes",
"chain letters", or any other form of solicitation; (e) post, email, upload, transmit or otherwise
make available any data that contains software viruses or any other malicious computer
code designed to interrupt, destroy or limit the operation of any computer hardware,
software or telecommunications equipment.
6.AGE RESTRICTIONS Individuals younger than 13 are prohibited from accessing the
Website without verified parental consent in accordance with the Children's Online Privacy
Protection Act of 1998 and the LOPD and RD17 Acts of 2007. You hereby warrant and
certify that you are 14 years of age or older. Some areas of the Website may contain
material that is unsuitable for minors.
7.CONTENT LICENSE By Uploading/Publishing Content to any part of the Website, you
automatically grant to the Company a transferable, non-exclusive, fully-paid, worldwide
license (with the rights to sublicense) to copy, use, reformat, translate, display, perform,
excerpt (in whole or in part) and distribute such Content and to prepare derivative works of,
or incorporate into other works, such Content, and to grant and authorize sublicenses of the
foregoing. You also certify that you have the right to grant this license to the Company. This
license includes without limitation any and all professional names, trademarks, photos,
logos and biographical information of artists, bands or performers. You may remove the
Content from the Website at any time and the license granted above will automatically
terminate.
8.OWNERSHIP AND CONTENT USE The Website and all Content on the Website is the
proprietary property of the Company or its licensors (including Website users). Subject to
the terms of this Agreement (see Section 5), no Content may be copied, distributed,
modified, framed, downloaded, posted, transmitted, republished, reproduced, displayed, or
sold in any form or by any means, in whole or in part, without the prior written permission of
the Company or the owner of the Content. Any use of the Content is strictly prohibited
except as otherwise outlined in this Agreement. All logos, trademarks, service marks and
trade dress on the Website are trademarks or registered trademarks of the Company or its
licensors and may not be copied, imitated, or used, in part or entirety, without the prior
written consent of the Company. Additional third party copyright materials are included on
the Website including works or materials belonging to licensors of the Company. You agree
and warrant that any Content is protected by international intellectual property law.
9.INDEMNITY You agree to indemnify, defend and hold the Company (including its
directors, agents, officers, successors, partners, contractors, and employees) harmless and
exempt from and against any liability, loss, claim or demand, including attorneys' fees, due
to or arising out of any claim, investigation, action or proceeding made by any third party
due to: (a) your use of the Services or the Website in violation of this Agreement; (b) your
breach of any claims and warranties made by you regarding this Agreement or your breach
of any term of this Agreement; or (c) your violation of any law or the legal rights of a third
party. You hereby agree not to sue, assist in or be a voluntary party to assist in or be a
voluntary party to, except as required by law, any action, suit, or proceeding against the
Company for any claims, actions, suits, damages, liability, losses or expenses of whatever
kind or however arising out of or relating to your use of the Website or the Services.
10.LIMITATION OF LIABILITY You hereby agree and warrant that in no event and under
no circumstances will the Company be liable to you or any third party for any indirect,
exemplary, incidental, consequential, special or punitive damages, including damages for
any lost profits or lost data arising from your use of the Website or the Service, even if the
Company is aware or has been advised of the possibility of such damages.
11.DISCLAIMER OF WARRANTIES The Company is not responsible for the conduct or
behavior, whether online or offline, of any user of the Website. The Company is not
responsible for any inaccurate or incorrect Content published on the Website or in
connection with the Services, including Content published by users of the Website or the
Services. The Company assumes no responsibility for any error, interruption, deletion,
omission, defect, delay in operation or transmission, theft, destruction, communications line
failure or unauthorized access to, or alteration of, the Website or the Services. The Website
and the Services may be temporarily unavailable from time to time for maintenance or other
reasons. The Company is not responsible for any problems or technical malfunction of any
telephone network or lines, servers or providers, computer online systems, computer
equipment or software, or the failure of email due to technical problems or traffic congestion
on the Internet or at any Website, including injury or damage to any person's computer
related to or resulting from participating or downloading materials in connection with the
Website or the Services. Under no circumstances will the Company be responsible for any
loss or damage, including personal injury or death, resulting from anyone's use of the
Services, the Website or any Content published on the Website. The company does not
promise and cannot guarantee any specific results from the use of the Website and/or the
Services. The Website, Services and the Content are provided "as-is" and DDCARDS
disclaims any and all warranties, whether express or implied, including without limitation
implied warranties of merchantability, title, non-infringement or fitness for a particular
purpose.
12.EXTERNAL LINKS The Website contains links to external web sites. If you decide to
leave this Website and access these third-party sites, you do so at your own risk. Any web
site accessed on or through the Website or the Services does not imply approval or
endorsement of the linked web site by us. We do not check, monitor, or investigate these
linked web sites for accuracy or completeness and are not responsible for the accuracy,
content, or opinions expressed in these linked web sites.
13.GOVERNING LAW These Terms and Conditions and any contracts made under them
shall be governed and construed in accordance with the laws of Spain whose courts shall
be the non-exclusive courts of competent jurisdiction. Any dispute or claim arising out of, or
in connection with, this Agreement shall be finally settled by binding arbitration in Valencia,
Spain, in accordance with applicable provincial and federal laws. You agree that the
arbitrator shall have the authority to award the prevailing party its costs and reasonable
attorneys' fees. The arbitrator shall apply the federal law of Spain to the merits of any
dispute or claim without reference to rules of conflict of law or statutory rules of arbitration.
14.MISCELLANEOUS This Agreement outlines the entire agreement between you and the
Company in relation to your use of the Website and the Services. The Company's failure to
exercise any right or provision of this Agreement shall not constitute a waiver of such right
or provision. We reserve the right, at our sole discretion, to change, modify, add, or delete
portions this Agreement at any time without further notice. Your continued use of the
Services or the Website after any such changes constitutes your acceptance of the revised
Agreement. It is your responsibility to regularly review this Agreement. These Terms and
Conditions and all representations, undertakings, obligations and warranties contained in it
shall ensure for the benefit of any successor and assignees of the Company. If any
provision of this Agreement is held invalid or unenforceable, that provision shall be revised
to the extent necessary to correct the invalidity or unenforceability, and the remainder of this
Agreement shall continue in full force and effect. If you do not agree to abide by this
Agreement or any future revised Agreement, do not use or access the Services or the
Website.
Copyright © 2009 DDCARDS
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