This Agreement governs your use of the Dudspuds.com website, including, without limitation, the uploading and downloading of digital content onto or from the Dudspuds.com website, access to web logs and forums, and any and all services offered by Dudspuds, LLC. on or through the Dudspuds.com website.
This site is provided by Dudspuds, LLC. (“Dudspuds”). Please review the following rules that govern your use of the Dudspuds.com site (the "Agreement"). Please note that your use of the Dudspuds.com site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. Dudspuds.com reserves the right to update or modify the Terms of Use presented here at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site or any services offered by Dudspuds. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of any transaction, you agree to accept and pay for the item(s) requested.
All materials that you purchase through this Site, including any images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and/or other materials available as part of this Site (collectively, the "Contents") are intended for your personal use. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. UNAUTHORIZED USE OF ANY CONTENT PROVIDED ON THE SITE MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. You agree to use the Site and any service at your sole risk.
You agree that you shall not use the Website in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction, including, without limitation, (a) accessing data not intended for your use; (b) logging onto a server or an account which you are not authorized to access; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (e) sending unsolicited email, including promotions and/or advertising of products or services; or (f) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Dudspuds will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than whatever search engine or search agents may be made available from Dudspuds on this Site and other than generally available third party web browsers (e.g., Firefox, Netscape Navigator, Microsoft Explorer, Safari, Opera).
We reserve the right, at our sole discretion, to change prices at any time and to refuse any order for any reason.If we change prices for goods and services offered on the Site, including access to Content for Purchase, the change will not apply to any subscription, access, or service that you have already purchased.
Transactions on the Site, including purchasing and viewing Content and the remuneration to an Author in the event his or her Content is purchased, shall be conducted using Site credits (“Credits”) in accordance with the Dudspuds Royalty Program and subject to any amounts that may be owed to Dudspuds with respect to such transactions. In the event you are purchasing Content, the appropriate number of Credits shall be deducted from your Membership Account. In the event a Member purchases Content that you have for sale, the appropriate number of Credits will be deposited into your Membership Account after Dudspuds has received from the purchasing Member non-opposable proof of payment. Credits exist in two forms: “Standard Credits” and “Offered Credits”.
You may acquire Standard Credits only by purchase, by using credit or charge cards, online payment accounts, wire transfers or such means as then permitted by Dudspuds, or by earning them if your Content is purchased by other Members. If you Purchase any Standard Credits by using a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize Dudspuds (or it's payment processor, i.e. Paypal) to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes. Standard credit purchases are non-refundable, only credits earned by selling content may be redeemed. Dudspuds, in its sole discretion, may grant you Offered Credits from time to time. Notwithstanding anything to the contrary contained in this Agreement, you may never redeem Offered Credits for cash, and can only use Offered Credits for transactions on the Site.
Unless otherwise noted, all Contents and Content for Purchase comprise copyrights, trademarks, trade dress, patents, and/or other intellectual property owned, controlled or licensed by Dudspuds, one of its affiliates, or by third parties who have licensed their materials to Dudspuds, and are protected by U.S. and international patent, copyright, and other laws.
The compilation (meaning the collection and arrangement) of all Contents and Content for Purchase on this site is the exclusive property of Dudspuds and is protected by U.S. and international copyright laws and other laws.
Dudspuds and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Dudspuds' or any third party's intellectual property rights except as expressly provided in the Content License and Usage section.
The Dudspuds name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of Dudspuds, LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Dudspuds' endorsement, sponsorship or recommendation of the third party, information, product or service. Dudspuds is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
You acknowledge and agree that Dudspuds has no obligation to review any Content or other material uploaded or posted onto the Site, and shall have no responsibility for any such Content or other material. Dudspuds shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Content or other material posted onto the Website. If you upload or post any Content or other material onto the Website, or any Content or other material is uploaded or posted onto the Website using your Membership Name or otherwise through your Membership Account, you remain solely responsible for such Works or other material or content.
You acknowledge and agree that Dudspuds shall have no responsibility for any material or content on other websites to which you may hyper link or otherwise access from the Site, including any web log, comments to any web log, or any forum on the Site. You acknowledge and agree that Dudspuds shall have no responsibility for any material or content on websites from which you may be hyper linked or otherwise be directed to the Site.
Dudspuds reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Site at any time. You acknowledge and agree that Dudspuds has no obligation to make, or continue to make, the Site or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of Dudspuds). Dudspuds reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your Membership Name and Membership Password.
You acknowledge and agree that Dudspuds may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Website. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Site. You acknowledge and agree that Dudspuds may also store personal information about you on its computers within or outside the U.S. Dudspuds shall not use your personal information in any way other than in connection with the operation of the Website, and shall keep this information confidential unless required to do otherwise by operation of applicable law.
As the person submitting Content, you accept the role of Author of that Content and represent and warrant that your submission to Dudspuds does not infringe the rights of any third parties, and that you are the true and lawful creator of the Content or you own or otherwise control the legal rights necessary to sell the Content, and have not copied your submission or any part thereof from the work of any other person or source, except for credited excerpts, quotations or similar portions that you view as justified under the fair use provisions of the United States Copyright Act (17 U.S.C. § 107) and for which you take full responsibility as set forth below. You, as Author, represent and warrant that you are free to enter into this Agreement and grant sublicense access to your work to others. You acknowledge that Dudspuds intends to comply with the provisions of the Digital Millennium Copyright Act and may remove access to Content you have authored upon receiving notice of an allegation of copyright infringement from a third party (as set forth in the Terms of Use).
Any violations of this rule may result in immediate termination of your account. By submitting Content to Dudspuds you are authorizing Dudspuds, its employees and affiliates, to store, resize, copy, distribute, transmit, display, reproduce, transfer, access these files on the Site and any computer systems owned or rented by Dudspuds for any purposes we, in our sole discretion, find necessary, which include but not limited to, normal Website operation, automatic or manual content manipulations such as text editing, resizing for Internet viewing, cropping, annotations, and watermark stamping. By submitting any digital content files you also authorize using them to promote and market Dudspuds in both print or electronic media. Additionally, by submitting any digital content files to the Website, you are granting Dudspuds the right to sell your content files on your behalf based on the royalty terms defined in the Dudspuds Royalty Program. Submission of pornographic or offensive content is strictly forbidden. Submission of copyrighted content or content displaying copyrighted logos or trademarks is not allowed. We reserve the right to remove any content that we at our sole discretion, find offensive, violating the terms of this agreement, or inappropriate in any other way.
When you purchase Content, you are purchasing a personal, non-commercial license to view the Content. You agree not to store, post online, distribute, reprint, publish, re-publish, export, or otherwise use the Content except as permitted under this license for your personal, non-commercial use. You acknowledge that any use except as permitted here may also be a violation of applicable federal laws.
Any comments or information that you provide to the Site, for example content ratings, testimonials, feedback about Content, suggestions, ideas, concepts, questions, requests, or other information (collectively "Feedback"), is not deemed confidential and Dudspuds is free to reproduce, use, disclose, and distribute Feedback to others, without any limitation. You agree that Dudspuds is free to use Feedback for any purpose whatsoever, including without limitation, developing and marketing services incorporating Feedback without any obligation or payment to you.
You acknowledge and agree that you are to keep confidential the Membership Name and Membership Account provided by Dudspuds to you, and the Membership Password selected by you and approved by Dudspuds for use with such Membership Name and Membership Account. Your Membership Name, Membership Account and Membership Password are personal to you and may not be shared with, or transferred to, any other person or entity.
You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Membership Name and Corresponding Password, and that Dudspuds may rely on the use of your Membership Account, Membership Name or Membership Password as conclusive evidence that you have used the Website.
In addition to the representations and warranties you have made above, each of Dudspuds and you hereby represent and warrant that it, or he or she, has the right to enter into this Agreement.
You agree to indemnify, defend and hold harmless Dudspuds and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (collectively, “Indemnitees”) from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Site (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any Content or other material whether or not intentional. Dudspuds shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with Dudspuds in the defense of any such claim, action or matter.
You agree that neither Dudspuds nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, DUDSPUDS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WWW.DUDSPUDS.COM WEBSITE OR THE SERVICES ON THE WWW.DUDSPUDS.COM WEBSITE, OR ANY WORKS OR OTHER MATERIALS OR CONTENT AVAILABLE ON THE WWW.DUDSPUSD.COM WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY CONTENT OR OTHER MATERIALS , FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.
Dudspuds shall have no responsibility for any Content or other material uploaded or posted onto the Website, including, without limitation any material or content uploaded or posted by any Member onto the Website in any forum or as any comment to a web log.
This Agreement shall continue in perpetuity unless terminated in accordance with this Section. Dudspuds at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Site. You may at any time terminate this Agreement by logging into your Membership Account on the Website and then sending a termination request to Dudspuds. In the event termination is by Dudspuds, Dudspuds shall notify you of such termination. Dudspuds reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password.
Upon any termination of this Agreement:
(a) your Membership Account shall be canceled and closed and your Membership Name and Membership Password shall be deactivated;
(b) all Content uploaded by you shall be removed from the Website; provided, however, that Dudspuds may continue to use the Content for internal archival and reference purposes;
(c) any and all Standard Credits shall be redeemable by you for cash, minus any transactional expense in accordance with the Dudspuds Royalty Program and
(d) you shall forfeit all right, title and interest in and to any and all Offered Credits.
Termination of this Agreement shall not relieve you from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated, such as defined in Content License and Usage section. The provisions of Sections 8, 10, 11, 13 and 15 shall survive the termination of this Agreement.
Dudspuds reserves the right, in its sole discretion, to suspend your Membership Account at any time and for any length of time. In the event, and for so long as, Dudspuds suspends your Membership Account, you shall have no ability to upload any Content on the Website, but you may continue to access your Membership Account using your Membership Name and Membership Password and purchase Content and view and comment on the Dudspuds Blog. For clarification purposes, Dudspuds shall not remove any Content you have uploaded prior to suspension of your Membership Account and such Content shall continue to be available for purchase.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the federal or state courts of the State of New York, and you and Dudspuds each submit to the personal jurisdiction of such court and waive any right each might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.
The relationship between Dudspuds and you under this Agreement is that of independent contractors. For clarification purposes, the parties are not joint venturers, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Site.
No waiver on the part of Dudspuds to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of Dudspuds to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Dudspuds shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement.
This Agreement shall be inure to the benefit of, and be binding upon, Dudspuds and you, and its and your respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than Dudspuds and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other. If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect. The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.
Dudspuds, LLC. - Terms of Use; Version 1.0