PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY BEFORE USING DH9STORE.COM AND ITS RELATED SERVICES (THE “SITE”). BY USING THE SITE, YOU ARE ACCEPTING THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THE SITE.
THE SITE OWNER RESERVES THE RIGHT TO REVISE, ADD TO, REMOVE FROM OR OTHERWISE MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE. PLEASE CHECK THESE TERMS FROM TIME TO TIME FOR ANY REVISIONS. YOUR CONTINUED USE OF THE SITE FOLLOWING ANY REVISIONS TO THESE TERMS WILL MEAN THAT YOU ARE ACCEPTING SUCH REVISIONS.
1. DESCRIPTION OF SERVICE
Welcome to DH9Store.com. The Site provides a rich array of on-line resources, programming, forums, email, promotions, shopping opportunities and other features and services that Owner may add from time to time. Any new features or services that are added to the Site shall be subject to these Terms.
2. OWNERSHIP OF MATERIALS
The Site is owned by DH9. The information and material presented in the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights of Owner and its partners, affiliates and contributors. No material or software from the Site may be reproduced, republished, sold, distributed or exploited in any commercial manner, except that you may download one copy of such materials on any single computer for your personal viewing use only, provided that you keep intact all copyright or other proprietary notices and do not otherwise modify any of the materials. In the event that you download any material or software from the Site, Owner grants you a personal, non-transferable and non-exclusive license to use the material or software, including any associated files, data or images, on a single computer, provided that you do not sell, distribute, copy, modify, attempt to reverse engineer, disassemble or discover any source code of the material or software.
DH9Store.com, the logos and all icons and custom graphics on the Site are service marks, trademarks and/or trade dress of Owner or affiliated companies. You agree not to display or use any such intellectual property in any manner. All Rights Are Reserved.
3. PRIVACY POLICY
Registration information and certain other data about you is subject to the Owner’s Privacy Policy. There is a link at the bottom of the website. See below.
4. MEMBER OBLIGATIONS AND CONDUCT
In consideration of your using the Site, you agree to:
(i) provide accurate and complete information about yourself in any registration and to update such information to keep it accurate in the future;
(ii) use the Site in a manner consistent with all applicable laws and regulations in the United States or in any other country in which you reside as well as any applicable laws and regulations concerning the export or transmission of technical data between the United States and other countries;
(iii) not to access the Site other than in the manner provided to users normally; and
(iv) not to exploit for any commercial purpose any portion of the Site.
You further agree that you will not post, email or transmit any content to chatrooms, bulletin boards or other accessible forums of the Site that:
(i) is unlawful, fraudulent, harmful, libelous, defamatory, invasive of another’s privacy, or otherwise objectionable;
(ii) advocates illegal activities or discusses illegal activities with an intent to commit harm;
(iii) harmful to minors
(iv) infringes any copyright, trademark or other intellectual property of another person;
(v) constitutes advertising, commercial solicitation, “spam”, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
(vi) impersonates another person or entity or misrepresents your affiliation with another person or entity;
(vi) forges or manipulates headers, footers or identifiers to disguise the origin of any content transmitted;
(vii) sending repeated similar messages to the same email address or forum, or posting off-topic material to a bulletin board or other forum;
(viii) knowingly contains viruses or any computer code or programs intended to disrupt or limit the functioning of computer hardware or software; or
(ix) violates these Terms or otherwise interferes with or disrupts the Site or any related services.
5. CONTENT POSTED TO THE SITE
You understand that Owner is not responsible in any manner for the quality, accuracy or integrity of any content posted, emailed or transmitted to Site forums. Owner is not liable in any manner for any losses or damages incurred as a result of such content.
Although Owner does not pre-screen any content posted by users, emailed or transmitted to Site forums, and has no obligation to do so, it reserves the right in its sole discretion to delete, remove or move any such content. You agree that Owner may preserve or disclose any such content if it believes in good faith that such preservation or disclosure is necessary to comply with legal process, enforce these Terms or otherwise to protect the rights, property and safety of the users, employees, partners, affiliates or contributors of Owner or the public generally.
You agree that Owner may establish general policies concerning the use of services at the Site, including, without limitation, the maximum number of days that email messages or postings of messages or other content will be retained by the server, the maximum number of messages that may be sent or received by an email account, the maximum disk space allocated to users or the time periods when Site services may or may not be available. Owner is not responsible for the deletion or failure to store any messages or other content transmitted to Site forum. Owner reserves the right to modify these policies at any time in its sole discretion and without notice.
6. INDEMNITY
You agree to indemnify and hold Owner, and its subsidiaries, affiliates, officers, agents, employees, affiliates, partners and contributors, harmless from any claim or demand, including reasonable attorney fees, brought by any third party relating to any content you submit or post to the Site, your use of the Site, or your violation of these Terms or the rights of any other person in connection with the Site.
7. MODIFICATIONS TO SERVICE
Owner reserves the right at any time to modify, add to, delete from, or discontinue the Site or any related services. You agree that Owner shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or the related services.
8. TERMINATION
You may terminate your use of the Site at any time. Owner, in its sole discretion, may terminate your account and access to the Site or any related services at any time, without prior notice, including, without limitation, for conduct that Owner believes violates these Terms or other policies or guidelines promulgated by Owner, or for conduct that Owner believes is harmful to other users, Owner’s business or its affiliates, partners and contributors.
9. SUBMISSIONS
While we are pleased to receive comments and feedback from community members, Owner cannot accept or consider creative ideas, suggestions or materials (collectively, “Materials”) other than those we specifically solicit. It is the intent of this policy to avoid any confusion regarding the ownership and development of such Materials. Consequently, we ask that you not submit any Materials. If, despite our request, you choose to submit Materials, they shall be deemed to be the property of Owner, which shall exclusively own all now known or hereafter existing rights to such Materials of every kind and nature throughout the universe, including all intellectual property rights, and shall be entitled to unrestricted use of the Materials for all purposes whatsoever, commercial or otherwise, without compensation to the provider of the Materials.
10. DISCLAIMER OF WARRANTIES
The materials in the site are presented “as is” and without warranties of any kind either expressed or implied. To the fullest extent permitted by law, Owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Owner does not warrant that the site will be uninterrupted, timely, secure or error-free, or that the site or server is free of software viruses, or that software errors or problems will be corrected. Owner does not warrant that the information or other materials in the site are reliable or accurate or complete or that your use of the information or materials in the site or any products or services purchased through the site will meet your expectations.
Any material downloaded or otherwise obtained through your use of the site is done at your own risk. You are solely responsible for any damage to computer systems and software and for any loss of data resulting from such download or other use of the site.
No information or advice you obtain from this site or from Owner, whether oral or written, shall create any warranty by Owner.
11. SPECIAL ADMONITIONS REGARDING HEALTH AND FITNESS
Certain information presented in the Site is for the purpose of entertaining consumers and providing education about movies and movie content. All such information, including, without limitation,os presented for informational purposes only and does not constitute an endorsement, recommendation, or suggestion of treatment by Owner.
Information presented at the Site is never intended to be a substitute for professional advice and may be incomplete or include errors and omissions.
Owner and its affiliates, partners and contributors shall not be liable for any complications, accidents, injuries or damages arising from or related to the site or any information presented in the site.
12. LINKED SITES AND ADVERTISERS
Owner has not taken any steps to confirm the accuracy or reliability or other attributes of any information presented by sites that link to DH9Store.com, including, without limitation, sites owned or hosted by other companies, sites linked by advertisements on the Site or co-branded sites that are presented jointly by Owner and an affiliate or partner of Owner but are not controlled by Owner. Consequently, Owner disclaims any responsibility for the accuracy, reliability, content, legality, decency, copyright compliance, security or availability of such other sites or the information on such sites. Owner does not endorse, and cannot ensure that you will be satisfied with, any products or services that you purchase or learn about from Site and other sites that link to and from Site. Owner cannot give you any assurances regarding the delivery, quality or condition of the products or services purchased from such other sites or your dealings generally with such other sites. You hereby irrevocably waive any claim against Owner with respect to such other sites.
13. LIMITATION OF LIABILITY
Owner shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, even if Owner has been advised of the possibility of such damages, resulting from the use of or inability to use the site or material in the site; the cost of procuring substitute products or services as a result of problems with products of services obtained through the site; statements or conduct of any third parties related to the site; or any other matter related to the site.
14. CERTAIN EXCLUSIONS AND OTHER LIMITATIONS
Because some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, certain of the foregoing disclaimers and limitations set forth under the sections entitled “disclaimer of warranties: and “limitation of liability” may not apply to you. In no event, however, shall Owner’s liability ever exceed the amount paid by you, if any, for the services that gave rise to the cause of action or claim.
15. COPYRIGHT INFRINGEMENT CLAIMS
If you believe that your work has been copied in such a manner that it constitutes copyright infringement, please provide Owner’s Copyright Agent with a notice containing the following information: (i) a signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the work that you believe has been infringed; (iii) a description of the location on the Site where the work can be found; (iv) your physical address, email address and telephone and fax numbers; (v) a statement by you that you have a good faith belief that the disputed use is unauthorized; and (vi) a statement by you, under penalty of perjury, that the foregoing information you are providing is accurate and that you are the copyright owner or authorized to act on his or her behalf.
16. MISCELLANEOUS
These Terms supersede any prior agreements between you and Owner. You certify that you are of legal age and are competent to enter into legal agreements. These Terms and the relationship between you and Owner shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws provisions. You and Owner agree that any action arising out of or relating to these Terms shall be filed in the state or federal courts located in Los Angeles County and you agree to submit to the personal and exclusive jurisdiction of such courts for purposes of litigating any such action. If any provision of these Terms shall be found to be unlawful, void or unenforceable for any reason, the parties agree that the court should nonetheless endeavor to give effect to the parties’ intention as reflected in that provision and the other provisions of these Terms shall remain in full force and effect. Owner’s failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the Site or these Terms must be filed within one (1) year after the event or occurrence giving rise to such claim or action or be forever barred.