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DistressedPatriots.US Terms of Service
GENERAL These Terms of Service govern your use of the DistressedPatriots.US website (the "Site") only and do not govern your use of other DISTRESSED PATRIOTSTM services, such as services offered by the DISTRESSED PATRIOTSTM web site or store. The Site is owned and operated by DistressedPatriots.US ("we" or "us"). By using this Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. INTELLECTUAL PROPERTY RIGHTS DistressedPatriots.US's Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Requesting permission to reproduce or distribute materials from the Site must be made in writing or by email to Distressed Patriots. YOUR LICENSE TO DISTRESSEDPATRIOTS.US By posting or submitting any material (including, without limitation, correspondence, emails, web site links, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. LIMITATIONS ON LINKING AND FRAMING You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by DISTRESSED PATRIOTSTM or DistressedPatriots.US. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property. NOTICE OF COPYRIGHT INFRINGEMENT If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Distressed Patriots for America, LLC, Attn: Legal dept., or by email to info@DestressedPatriots.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site. DISCLAIMERS Throughout the Site, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software. The Site is provided for informational purposes only. ONLINE COMMERCE Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by Distressed Patriots for America, LLC, or by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services from third parties. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information. INTERACTIVE FEATURES This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not: Restrict or inhibit any other user from using and enjoying the Service. Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site. Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder. Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component. Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising. Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site. You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. REGISTRATION To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. PASSWORDS To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. CLASSIFIED ADVERTISING When you submit a classified ad for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion. Rates and specifications are subject to change. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TERMINATION We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive. OTHER This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. DistressedPatriots.US Privacy Policy Effective Date: April 1, 2009 The following Privacy Policy governs the online information collection practices of DistressedPatriots.US ("we" or "us"). Specifically, it outlines the types of information that we gather about you while you are using the DistressedPatriots.US website (the "Site"), and the ways in which we use and don't use this information. This Privacy Policy, including our children's privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail). Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy and our Terms of Service (David: embed Link to our Terms of Service page) Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we'll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified. YOUR CALIFORNIA PRIVACY RIGHTS California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to: Online Privacy Coordinator DistressedPatriots.US PO Box 532 Salisbury, CT 06068 WHAT INFORMATION IS COLLECTED ABOUT VISITORS? The information that we collect about you while you are using the Site falls into two general categories: 1. Information You Provide to Us. We may collect and store information, personal or otherwise, that you voluntarily supply either while on the Site or in responding via email in connection with a feature provided on the Site. Some examples of this type of information include demographic information that you electronically submit when you sign up for access to certain features on the Site, information (such as your name or email address) that you electronically submit when you register for surveys, sweepstakes or contests on the Site, information that you post on message boards on the Site, and information contained in search requests or questions that you submit to the Site. If you decline to supply or provide us with certain information while using the Site, you may not be able to use or participate in some or all of the features offered through the Site. 2. Information that is Automatically Collected. We also collect and store information that is generated automatically as you navigate through the Site. For example, to enhance your experience on the Site, we use a standard feature found in browser software called a "cookie." Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you have entered preference information before. DistressedPatriots.US also uses web beacons (single-pixel graphic files also known as "transparent GIFs") to access cookies and to count users who visit the Site or open our HTML-formatted email messages. Another example of information that we automatically collect as you navigate the Site is information about your computer's connection to the Internet. This information allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. In addition, third party advertisers or third party ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons, clear .gifs or similar technologies. These third party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements' effectiveness, or for other uses. The use and collection of your information by these third party advertisers and ad servers is governed by the relevant third party's privacy policy and is not covered by our privacy policy. Indeed, the privacy policy of these third party advertisers and ad servers may be different from our privacy policy. HOW IS THIS INFORMATION USED? We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features and advertising that appear on the Site. We also may provide your information to third parties, such as service providers, contractors, and advertisers, for a variety of purposes. For example, we may provide our advertisers with information about you and other visitors that will enable our advertisers to better target ads to specific types of visitors. We reserve the right to use and to disclose to third parties all of the information that we collect online about you and other visitors in any way and for any purpose, with one important exception. We will not use the information that we collect online from you while you are using the Site, nor will we authorize third parties to use such information, to mail or email promotional offers directly to you unless you have specifically informed us that you would like to receive promotional offers from us and/or from third parties. If you choose to receive these promotional offers, then your information may be used for direct mail or email marketing. Please also keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online - for example on message boards, through email or web logs, or in chat areas - that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third party use of such information. The Site includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services. We also make some content, products and services available through our Site through cooperative relationships with third party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly; in which cases the privacy policy of the provider partner may apply to the provider partner's use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information. In addition, certain DISTRESSED PATRIOTSTM affiliates and third parties are separate from our Site and may be subject to privacy policies that are different from ours. If you have any question about the privacy policy that applies to the online service you are using, you should click on the relevant link on the page of the service that you are using. Be aware that we may occasionally release information about visitors when release is appropriate to comply with law, to enforce our Terms of Service (David - embed link to TofS) agreement, or to protect the rights, property or safety of users of the Site, the public, or DistressedPatriots.US. Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or our site is acquired by another company, information about our visitors may be among the transferred assets. CHILDREN'S PRIVACY STATEMENT This children's privacy statement explains DistressedPatriots.US's practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information. This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site. Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties. We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site. Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site's online activities on providing personally identifiable information. Questions Regarding Privacy If you have questions or concerns about this Privacy Policy, our privacy practices, or your dealings with us, please contact us by writing to: Attention: Online Privacy Coordinator Distressed Patriots for America, LLC P.O. Box 532 Salisbury, CT 06068 |
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