Last updated on April 7, 2010
The content provided on this Website by D2D and its licensors or suppliers (collectively, the “Content”) is and remains at all times the property of D2D or such licensors or suppliers, with all rights other than those provided herein reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without D2D’s prior written permission.
Please note that we do not accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. Thus, you should not send us any unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information. If you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information, all such submissions shall be and are hereby deemed non-confidential, and D2D shall not be and hereby is not liable for any use or disclosure of any such submissions. Without limitation of the foregoing, D2D shall be entitled to unrestricted use of any creative suggestions, ideas, notes, drawings, concepts, or other information for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.
C. Use of the Website.
You agree that (i) you will not engage in any activity related to the Website that is contrary to applicable law, regulation, or the terms of any agreements you have with D2D or any other parties, and (ii) all information and materials contained in the Website, except where otherwise expressly indicated, are owned and controlled by D2D and your limited license to view and access the Website does not constitute any permission or license to use, reuse, reproduce, distribute or otherwise exploit these materials, in whole or in any part, in any manner whatsoever, except as expressly permitted hereunder. You may not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content.
D2D makes no claims regarding use of the Website or access to the Content outside of the United States. Access to the Website or the Content may not be legal by certain persons or in certain countries. If you access the Website or the Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You do not have to create an account in order to use or access the Website. If you wish to create an account to use or access features of the Website available only to registered users, you will be required to provide certain personal information, including your age, gender and email address, and you will be required to create a username and a password (collectively, “Registration Information”), which are used to protect your account from unauthorized access.
You are responsible for all use of your account and for any actions that take place using your account, whether by you or by another person. You are solely responsible for keeping your password and account information secure and are required to notify D2D of any breach of security or unauthorized use of your account. If you are aware of any illegal or improper activity on your account, it is your responsibility to inform D2D immediately.
If you do not register for the Website, use will be limited to “read-only” rights and you will not be able to post comments, earn points or enter any contests or sweepstakes that D2D may offer from time to time. You agree not to gain unauthorized access to the Website, or any account, computer system or network connected to this Website, by example, through hacking, password mining or any other illicit means.
E. Access to the Website By Children.
D2D urges parents to instruct their children to never give out their names, addresses or phone numbers without permission when using the Internet. A large part of D2D’s mission is helping families save and build meaningful assets. Accordingly, D2D encourages parents to spend time talking with their children about financial decision-making, and to spend time with their children on this Website. However, because D2D recognizes a special obligation to protect personal information obtained from young children, no person who reports their age to be 12 years or younger will be permitted to create an account on this Website. Therefore, no information should be submitted nor posted to the Website by children under 13 years of age. Children are permitted to access and use the Content without submitting Registration Information, but will be restricted from posting comments, earning points or entering contests or sweepstakes offered by D2D from time to time.
F. Posting Comments.
If you are a registered user of the Website, you will have the opportunity to submit suggestions, ideas, comments, or questions (any such posting, a “Comment”) in the “Leave a Comment” section of the Website. These Comments are displayed with your username and the date and time of your posting. These Comments are public information, and you should have no expectation of privacy or confidentiality when submitting a Comment.
When leaving a Comment on the Website, you are strictly prohibited from and you hereby agree NOT to:
post any Comment that is unlawful, threatening, abusive, libelous, defamatory, or indecent in any way, as determined by D2D in D2D’s sole and exclusive discretion, including any Comment that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law such as by infringing the intellectual property rights or privacy rights of any third party, or otherwise cause injury of any kind to a third party;
use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
act in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, martial status, disability, sexual orientation or age or is otherwise objectionable, as determined by D2D in D2D’s sole and exclusive discretion;
stalk or otherwise harass anyone;
post anything indecent, inflammatory, vulgar or overtly insulting, as determined by D2D in D2D’s sole and exclusive discretion; or
post links to external websites, unless integral to the conversation, as determined by D2D in D2D’s sole and exclusive discretion.
Upon posting a Comment, you grant D2D a nonexclusive, royalty free, perpetual, irrevocable and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Comment throughout the world in any media now known or hereafter developed.
G. Comments Disclaimer
Please note that the views, opinions and recommendations expressed in the Comments contained in the “Leave a Comment” area of the Website do not reflect the views of D2D, its employees, officers, directors or agents. D2D makes no representation concerning and does not guarantee the source, originality, accuracy, completeness, or reliability of any statement, information, data, findings, interpretation, recommendation, opinion, or view presented in any Comment. D2D accepts no responsibility or liability for any inaccuracy, errors or omissions with respect to any information that may be provided in any of the Comments.
D2D assumes no liability for the content of any Comment posted by you or any third party. D2D reserves the right, but disclaims any obligation or responsibility, to monitor and edit or remove any Comment at any time, in D2D’s sole and exclusive discretion. D2D also reserves the right to ban you from leaving Comments in the future, in D2D’s sole and exclusive discretion.
All or a portion of this Website may be temporarily unavailable from time to time for maintenance or other reasons. D2D assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, member communications. D2D is also not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with the Website. Under no circumstances will D2D be responsible for any loss or damage or personal injury or death, resulting from anyone’s use of the Website.
THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, D2D AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
I. Limitation of Liability
NEITHER D2D NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE AND/OR ANY LINKED SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR CONTENT OR ANY LINKED SITE IS TO STOP USING THIS SITE, THE CONTENT, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF D2D FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO D2D, IF ANY, TO ACCESS THIS SITE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO D2D TO ACCESS THIS SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM D2D, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
K. Take-Down Procedure
D2D complies with all applicable United States intellectual property law and with the Digital Millennium Copyright Act (the “DMCA”). Accordingly, D2D follows a take-down procedure for any purported intellectual property infringement. Under this Policy, you should report any potential infringement to D2D at firstname.lastname@example.org. D2D will investigate the matter and, after such investigation and in its sole and exclusive discretion, D2D will promptly remove any infringing content from the Website.
L. Governing Law; Consent to Jurisdiction