Revised May 5, 2010
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE
All inquiries may be directed to:
Pinion Media, llc.
4848 East Cactus Road, Suite 505-411
Scottsdale, Arizona 85254
Direct: (602) 690-8036
These Terms and Conditions May Change
We reserve the right, at our sole discretion, to limit the availability of the Web Site to any person, geographic area or jurisdiction at any time.
If you provide information to this Web Site, please ensure that it is accurate, current and complete. You agree to maintain and update such information as appropriate. We will not disclose information about you that we collect through the Web Site or otherwise.
You may not link to this Web Site, or “frame,” or “mirror” this Web Site without obtaining written permission from DirtCloud.
In an attempt to provide increased value to our visitors, DirtCloud may choose various third party web sites to link to from DirtCloud’s Web Site. However, even if the third party is affiliated with DirtCloud, DirtCloud has no control over these linked sites, each of which may (or may not) have their own policies and practices in place. DirtCloud has no responsibility or liability whatsoever for the content, actions or policies of third-party web sites. The inclusion of third-party web sites on our Web Site in no way constitutes an endorsement of such web site’s content, actions or policies. These linked sites are for your convenience and you access them at your own risk.
Copyright, Trademark & Other Intellectual Property Rights
All of the content you see on this Web Site, including, for example, all of the pages, page headers, images, illustrations, graphics, audio clips, video clips, software, content and text (collectively defined as “Content”), is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by DirtCloud, one of its affiliates or by third parties who have licensed their materials to DirtCloud. The entire Content of the Web Site is registered as a collective work under U.S. copyright laws, and DirtCloud owns a copyright in the selection, coordination, arrangement and enhancement of the Content. DirtCloud also owns a copyright or a license to all individual items of Content.
You may download, print and store selected portions of the Content, provided you: (1) only use these copies of the Content for business dependent commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. DirtCloud reserves complete title and full intellectual property rights in any Content you download from this Web site.
This Web Site, including all Content, may not be used, displayed, viewed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise for commercial purposes or for personal financial gain. You may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of this Web Site or any Content or components that are available on this Web Site. Except as noted above, you may not copy, upload, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from DirtCloud.
We welcome your comments. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) submitted to DirtCloud through DirtCloud.net or otherwise, shall be and remain the exclusive property of DirtCloud. Your submission of any such Comments shall constitute an assignment to DirtCloud of all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Comments. DirtCloud will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
You agree that you will not violate or infringe the rights of any parties, including privacy, publicity and intellectual property and proprietary rights, such as copyright and trademark. Before submitting any materials to DirtCloud, please ensure that you have obtained copyright and other permission to post such materials and to permit DirtCloud to use such material without restriction.
By using this Web Site you expressly agree that:
- The Web Site is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation warranties of title, security, accuracy, non-infringement, and implied warranties of merchantability or fitness for a particular purpose, except as expressly noted in the section of this Agreement entitled Customer Satisfaction Guarantee.
- We do not make any warranty that (i) the Web Site will meet your requirements; (ii) the Web Site will be uninterrupted, timely, secure or error-free; or (iii) the results that may be obtained from the use of the Web Site will be accurate or reliable.
- Your use of this Web Site is at your sole risk. DirtCloud shall not be liable for any damages of any kind related to your use of this Web Site, including loss of data. Although we have taken reasonable steps to prevent the introduction of viruses and other destructive materials to this Web Site, we do not guarantee or warrant that this Web Site or materials that may be downloaded from this Web Site do not contain such destructive features. We are not liable for any damages or harm attributable to the foregoing.
YOU AGREE THAT DirtCloud, ITS EMPLOYEES, AFFILIATES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS OR DIRECTORS, SHALL NOT BE HELD LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THIS WEB SITE, YOUR USE OR INABILITY TO USE THIS WEB SITE, YOUR PURCHASE OR USE OF ANY PRODUCTS, SERVICES OR INFORMATION FROM THIS WEB SITE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR THE ACTS OF ANY THIRD PARTY RELATED TO THE WEB SITE. YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
You agree to defend, indemnify and hold DirtCloud, ITS EMPLOYEES, AFFILIATES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS OR DIRECTORS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY RELATED TO:
- Your acts or omissions in connection with this Web Site;
- Your use of this Web Site, your purchase of any products or services using this Web Site, or any claims in connection with your account;
- Your breach of any provision of this Agreement;
- Any allegation that any materials submitted by you infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
Your violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of privacy or publicity, misappropriation or trespass.