Terms of Use

By | 6th April 2013

Introduction

Please read these terms and conditions carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Disc-over.me, acceptance is expressly limited to these terms.

These terms and conditions govern all use of the Disc-over.me website and all content, services and products available at or through the website. Use of the website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and policies including, without limitation, our privacy policy, copyright policy and disclaimer.

Ownership

You do not claim intellectual property right or exclusive ownership to any of our products or services, modified or unmodified.

All products and services are property of Disc-over.me.

Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall we be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.

Your Membership

When you register with Disc-over.me, you are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions taken in connection with it.

You must not describe or assign keywords to your profile or in anything you publish in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. We may change or remove any description or keyword that we consider inappropriate or unlawful, or otherwise likely to cause Disc-over.me liability.

You must immediately notify us of any unauthorized use of your account or any other breaches of security.

We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Your Responsibility For Content

‘Content’ includes but is not limited to profile information, comments and messages sent using Disc-over.me facilities. You are entirely responsible for the content of, and any harm resulting from, anything uploaded or input using your account. That is the case regardless of whether the content in question constitutes text, graphics, or any other kind of media. By publishing content, you represent and warrant that:

  • it does not infringe the proprietary rights, including but not limited to the copyright, patent or trademark rights, of any third party

  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, or (ii) secured from your employer a waiver as to all rights in or to the content

  • you have fully complied with any third-party licenses relating to the content

  • the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content

  • the content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party

Our Rights Regarding Your Content

By submitting content for inclusion on our website, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content for the purpose of displaying and distributing it and for promoting our website.

If you delete content, we will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be made immediately unavailable.

Without limiting representations or warranties, we have the right (though not the obligation) to, at our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any Disc-over.me policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason.

Responsibility of Viewers

We do not moderate or review all content posted to the website by our members, and cannot therefore be responsible for that content. By operating the website, we do not represent or imply that we endorse the content posted, or that we believe such content to be accurate, useful or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use of the website, or from any content there posted.

Content On Other Websites

We have not reviewed, and cannot review, all of the material made available through the websites to which Disc-over.me links, and that link to Disc-over.me. We do not have any control over those websites and are not responsible for their content or their use.

By linking to a non-Disc-over.me website or page, we do not represent or imply that we endorse such website or page.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non-Disc-over.me websites and pages.

Intellectual Property

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. You can read our full copyright policy here.

These terms of use do not transfer from us to you any Disc-over.me or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with us.

The Disc-over.me logo, www.disc-over.me, and all other trademarks, service marks, graphics and logos used in connection with Disc-over.me or this website are trademarks or registered trademarks of Disc-over.me or our licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Disc-over.me or third-party trademarks.

Changes to Terms of Use

We reserves the right, at our sole discretion, to modify or replace any part of these terms of use.

We will advise members of any change by sitewide notification, but it is your responsibility to check these terms of use periodically for changes. Your continued use of or access to the website following the posting of any notification of changes to these terms of use constitutes acceptance of those changes.

We may also, in the future, offer new services and/or features through the website. Such new features and/or services shall be subject to these terms and conditions.

Termination

We may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Disc-over.me account (if you have one), you may simply discontinue using the website.

All provisions of this Agreement which by their nature should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The materials on our website are provided ‘as is’. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the contents of our website or otherwise relating to such contents or on any sites linked to this site.

Limitation of Liability

In no event will we, or our suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  1. any special, incidental or consequential damages;

  2. the cost of procurement or substitute products or services;

  3. interuption of use or loss or corruption of data;

  4. any amounts that exceed any fees paid by you to Disc-over.me under this agreement during the twelve (12) month period prior to the cause of action.

We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that

  1. your use of the website will be in strict accordance with the Disc-over.me privacy and copyright policies, with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and

  2. your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Disc-over.me, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the website, including but not limited to out of your violation of this agreement.