Terms Of Service
1. ACCEPTANCE OF TERMS
D1FFDUEL.com welcomes you. D1FFDUEL.com provides the D1FFDUEL.com website (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the D1FFDUEL.com website, you accept and agree to be bound by the terms and provision of the TOS. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF D1FFDUEL.COM SERVICES
D1FFDUEL.com provides users with access to a fun environment dedicated creating the ability to participate in Division 1 Fantasy Football Leagues. You also understand and agree that the D1FFDUEL.com website may include advertisements and that these advertisements are necessary for D1FFDUEL.com to provide the free D1FFDUEL.com experience. You also understand and agree that the D1FFDUEL.com service may include certain communications from D1FFDUEL.com, such as service announcements and administrative messages, and that these communications are considered part of D1FFDUEL.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current D1FFDUEL.com website, including the release of new D1FFDUEL.com properties, shall be subject to the TOS. You understand and agree that the D1FFDUEL.com website is provided "AS-IS" and that D1FFDUEL.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the D1FFDUEL.com website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the D1FFDUEL.com website.
You understand that the technical processing and transmission of the D1FFDUEL.com website, including your Content, may involve
- transmissions over various networks;
- changes to conform and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the D1FFDUEL.com website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the D1FFDUEL.com website under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the D1FFDUEL.com website's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or D1FFDUEL.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, D1FFDUEL.com has the right to suspend or terminate your account and refuse any and all current or future use of the D1FFDUEL.com website. D1FFDUEL.com is concerned about the safety and privacy of all internet users, particularly children. For this reason, when you create a D1FFDUEL.com profile, you certify that you are at least 13 years old.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are creating a password and account designation as part of completing the D1FFDUEL.com website's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
You agree to :
- immediately notify D1FFDUEL.com of any unauthorized use of your password or account or any other breach of security,
- and ensure that you exit from your account at the end of each session. D1FFDUEL.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not D1FFDUEL.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the D1FFDUEL.com website. D1FFDUEL.com does not control the Content posted by others via the D1FFDUEL.com website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the D1FFDUEL.com website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will D1FFDUEL.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the D1FFDUEL.com website.
You agree to not use the D1FFDUEL.com website to:
- upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way
- impersonate any person or entity, including, but not limited to, a D1FFDUEL.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the D1FFDUEL.com website
- upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- pload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy)
- upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the D1FFDUEL.com website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
- interfere with or disrupt the D1FFDUEL.com website or servers or networks connected to the D1FFDUEL.com website, or disobey any requirements, procedures, policies or regulations of networks connected to the D1FFDUEL.com website, including using any device, software or routine to bypass our robot exclusion headers
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above
D1FFDUEL.com website. Without limiting the foregoing, D1FFDUEL.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by D1FFDUEL.com or submitted to D1FFDUEL.com, including without limitation information in D1FFDUEL.com Message Boards and in all other parts of the D1FFDUEL.com website.
You acknowledge, consent and agree that D1FFDUEL.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to
- comply with legal process
- enforce the TOS
- respond to claims that any Content violates the rights of third parties
- respond to your requests for customer service
- protect the rights, property or personal safety of D1FFDUEL.com, its users and the public
You understand that the D1FFDUEL.com website and software embodied within the D1FFDUEL.com Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by D1FFDUEL.com and/or content providers who provide content to the D1FFDUEL.com website. You may not attempt to override or circumvent any of the usage rules embedded into the D1FFDUEL.com website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the D1FFDUEL.com website, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON D1FFDUEL.com
When you register with D1FFDUEL.com, you acknowledge that in using the D1FFDUEL.com website to send electronic communications (including but not limited to email and sending messages to message boards), you will be causing communications to be sent through D1FFDUEL.com 's computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of D1FFDUEL.com s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the D1FFDUEL.com website and transfer, posting and uploading of software, technology, and other technical data via the D1FFDUEL.com website may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
In particular, you represent and warrant that you:
- are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations
- will not transfer software, technology, and other technical data via the D1FFDUEL.com website to export-prohibited parties or countries
- will not use the D1FFDUEL.com website for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws
- will not transfer, upload, or post via the D1FFDUEL.com website any software, technology or other technical data in violation of U.S. or other applicable export or import laws
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE D1FFDUEL.com WEBSITE
D1FFDUEL.com does not claim ownership of Content you submit or make available for inclusion on the D1FFDUEL.com website. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the D1FFDUEL.com website, you grant D1FFDUEL.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of D1FFDUEL.com Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the D1FFDUEL.com website solely for the purposes of providing and promoting the specific D1FFDUEL.com Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the D1FFDUEL.com website and will terminate at the time you remove or D1FFDUEL.com removes such Content from the D1FFDUEL.com website.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the D1FFDUEL.com website other than D1FFDUEL.com Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the D1FFDUEL.com website solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the D1FFDUEL.com website and will terminate at the time you remove or D1FFDUEL.com removes such Content from the D1FFDUEL.com website.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the D1FFDUEL.com website other than D1FFDUEL.com Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed
Publicly accessible" areas of the D1FFDUEL.com website are those areas of the D1FFDUEL.com network of properties that are intended by D1FFDUEL.com to be available to the general public. By way of example, publicly accessible areas of the D1FFDUEL.com website would include D1FFDUEL.com Message Boards and portions of D1FFDUEL.com Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the D1FFDUEL.com website would not include portions of D1FFDUEL.com Groups that are limited to members, D1FFDUEL.com services intended for private communication such as D1FFDUEL.com Mail or D1FFDUEL.com Messenger, or areas off of the D1FFDUEL.com network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by D1FFDUEL.com.
10. CONTRIBUTIONS TO D1FFDUEL.COM
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to D1FFDUEL.com through its suggestion or feedback webpages, you acknowledge and agree that:
- your Contributions do not contain confidential or proprietary information
- D1FFDUEL.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions
- D1FFDUEL.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide
- D1FFDUEL.com may have something similar to the Contributions already under consideration or in development
- your Contributions automatically become the property of D1FFDUEL.com without any obligation of D1FFDUEL.com to you; and
- you are not entitled to any compensation or reimbursement of any kind from D1FFDUEL.com under any circumstances
You agree to indemnify and hold D1FFDUEL.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the D1FFDUEL.com website, your use of the D1FFDUEL.com website, your connection to the D1FFDUEL.com website, your violation of the TOS, or your violation of any rights of another.
12. NO COMMERCIAL REUSE OF D1FFDUEL.COM SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the D1FFDUEL.com website (including Content, advertisements, Software and your D1FFDUEL.com ID).
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that D1FFDUEL.com may establish general practices and limits concerning use of the D1FFDUEL.com website, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the D1FFDUEL.com website, the maximum number of email messages that may be sent from or received by an account on the D1FFDUEL.com website, the maximum size of any email message that may be sent from or received by an account on the D1FFDUEL.com website, the maximum disk space that will be allotted on D1FFDUEL.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the D1FFDUEL.com website in a given period of time. You agree that D1FFDUEL.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the D1FFDUEL.com website. You acknowledge that D1FFDUEL.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that D1FFDUEL.com reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO D1FFDUEL.COM SERVICES
D1FFDUEL.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the D1FFDUEL.com website (or any part thereof) with or without notice. You agree that D1FFDUEL.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the D1FFDUEL.com website (or any part thereof).
You may terminate your D1FFDUEL.com account, any associated email address and access to the D1FFDUEL.com website by submitting such termination request to D1FFDUEL.com.
You agree that D1FFDUEL.com may, without prior notice, immediately terminate, limit your access to or suspend your D1FFDUEL.com account, any associated email address, and access to the D1FFDUEL.com website s. Cause for such termination, limitation of access or suspension shall include, but not be limited to
- breaches or violations of the TOS or other incorporated agreements or guidelines
- requests by law enforcement or other government agencies, (c) discontinuance or material modification to the D1FFDUEL.com website (or any part thereof)
- unexpected technical or security issues or problems, (e) extended periods of inactivity
- and/or engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in D1FFDUEL.com's sole discretion and that D1FFDUEL.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the D1FFDUEL.com website.
Termination of your D1FFDUEL.com account includes any or all of the following:
- removal of access to all or part of the offerings within the D1FFDUEL.com website
- deletion of your password and all related information, files and content associated with or inside your account (or any part thereof)
- barring of further use of all or part of the D1FFDUEL.com website
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the D1FFDUEL.com website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that D1FFDUEL.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the D1FFDUEL.com website.
The D1FFDUEL.com website may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that D1FFDUEL.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that D1FFDUEL.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. D1FFDUEL.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the D1FFDUEL.com website and any necessary software used in connection with the D1FFDUEL.com website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the D1FFDUEL.com website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by D1FFDUEL.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the D1FFDUEL.com website, such Content or the Software, in whole or in part. D1FFDUEL.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the D1FFDUEL.com website. You agree not to access the D1FFDUEL.com website by any means other than through the interface that is provided by D1FFDUEL.com for use in accessing the D1FFDUEL.com website.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
- YOUR USE OF THE D1FFDUEL.COM WEBSITE AND SOFTWARE ARE AT YOUR SOLE RISK. THE D1FFDUEL.COM WEBSITE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. D1FFDUEL.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
- D1FFDUEL.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE D1FFDUEL.COM WEBSITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE D1FFDUEL.COM WEBSITE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE D1FFDUEL.COM WEBSITE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE D1FFDUEL.COM WEBSITE OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE D1FFDUEL.COM WEBSITE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM D1FFDUEL.COM OR THROUGH OR FROM THE D1FFDUEL.COM WEBSITE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE D1FFDUEL.COM SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE D1FFDUEL.COM SERVICE. IMMEDIATELY DISCONTINUE USE OF THE D1FFDUEL.COM WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE D1FFDUEL.COM SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT D1FFDUEL.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF D1FFDUEL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
- THE USE OR THE INABILITY TO USE THE D1FFDUEL.COM SERVICE
- HE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE D1FFDUEL.COM SERVICE
- ANY OTHER MATTER RELATING TO THE D1FFDUEL.COM SERVICE
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
D1FFDUEL.com may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the D1FFDUEL.com website, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the D1FFDUEL.com website in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the D1FFDUEL.com website in an authorized manner.
24. TRADEMARK INFORMATION
You agree that all of D1FFDUEL.com’s trademarks, trade names, service marks and other D1FFDUEL.com logos and brand features, and product and service names are trademarks and the property of D1FFDUEL.com Inc. (the "D1FFDUEL.com Marks"). Without D1FFDUEL.com's prior permission, you agree not to display or use in any manner the D1FFDUEL.com Marks.
25. GENERAL INFORMATION
Agreement. The TOS constitutes the entire agreement between you and D1FFDUEL.com and governs your use of the D1FFDUEL.com website, superseding any prior version of this TOS between you and D1FFDUEL.com with respect to the D1FFDUEL.com website.
Choice of Law and Forum. You and D1FFDUEL.com each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and D1FFDUEL.com, shall be brought exclusively in the courts located in the county of Lane, Oregon or the U.S. District Court for the State of Oregon. You and D1FFDUEL.com agree to submit to the personal jurisdiction of the courts located within the county of Lane, Oregon or the District of Oregon, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of D1FFDUEL.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the D1FFDUEL.com webiste or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group. Last updated March 16, 2012
D1FFDUEL.com encourages you to use our service as long as you abide by the D1FFDUEL.com Terms of Service and D1FFDUEL.com's prohibition on spamming and unethical marketing activities. The following are some examples of spamming that may violate the Terms of Service and D1FFDUEL.com's Universal Spam Policy:
Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through D1FFDUEL.com computer systems.
Relaying email from a third party's mail servers without the permission of that third party. Using or causing to be used D1FFDUEL.com computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available. Using "robots" or otherwise harvesting other's email addresses from the D1FFDUEL.com site for purposes of sending unsolicited or unauthorized material.
Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
Disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.
Violations of our Terms of Service or this Universal Spam Policy may result in legal action against you and the termination, without notice, of your D1FFDUEL.com ID and/or anything associated with it, including, but not limited to, leagues, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through D1FFDUEL.com computer systems. D1FFDUEL.com does not waive any rights by the failure to enforce this policy in every instance in which it might apply.
NOTICE: Sending unsolicited email advertisements to or through D1FFDUEL.com computer systems will use or cause to be used D1FFDUEL.com servers located in Oregon. Any unauthorized use of D1FFDUEL.com computer systems is a violation of the D1FFDUEL.com Terms of Service, Universal Spam Policy, and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) and Section 165.377 of the Oregon Penal Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Please report violations of this Universal Spam Policy.