Terms and conditions
Effective Date: July 14, 2017
1. DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT
You must be at least 13 to use the Service.
2. MODIFICATIONS TO TERMS
3. MODIFICATIONS TO SERVICE.
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
4. POSTING CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES
i. You will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
ii. You are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen ) who appears and/or is heard in your Content to grant the rights to P.Schootman described in these Terms; and
iii. Your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
5. OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
A. Ownership of Your Content. You retain ownership of your rights in any Content you post to the Service, subject to the non-exclusive rights that you grant to us as described in these Terms.
B. Your License to P.Schootman
i. You hereby grant P.Schootman an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
ii. You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).
C. Your Right to Terminate the License. At any time you may modify or remove from the service any content consisting of photos, graphics, audio or video that you have submitted or made available for inclusion on or through the Service (but not, for clarity, any Content solely in the form of text that you have posted to the public areas of the site). Your removal of such Content from the Service will terminate our license to such Content. But if prior to such removal or modification, P.Schootman has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then P.Schootman and its licensees have a limited right to continue to distribute those materials. You may terminate this limited license by sending us written notice to stop distributing the materials, in which event we will stop distributing the materials within 30 days. Your notice must be sent through our ‘Contact Us’ web page located at www.dipasc.com, have a subject heading of ‘REMOVE CONTENT,’ and include your telephone number and email address. In addition, the notice must clearly identify the Content at issue and contain statements that you own or have an exclusive right to the Content and that all the information in the notice is true and correct. The 30 day period for P.Schootman to stop distributing your Content begins only once P.Schootman has received a notice.
D. User Contact Submissions. When you submit ideas, suggestions, documents, or proposals (collectively, ‘Submissions’) to P.Schootman through our ‘Contact Us’ web page located at www.dipasc.com, you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, P.Schootman may use and disclose your Submissions in any way; and (iii) P.Schootman has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
6. PROHIBITED CONTENT.
A. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
B. infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
C. a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
D. unsolicited, undisclosed or unauthorized advertising;
E. 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;
F. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
G. violation of an applicable local, state, national or international law (including export laws).
7. MONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES
A. No Duty to Monitor. We are under no obligation to restrict or monitor the Service or any Content in any way. It would be impossible for P.Schootman to monitor the accuracy or reliability of all of the content available through the service. However, we reserve the right to modify or remove any Content at any time. Some of this monitoring may be done by users of the Service who have volunteered their time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of P.Schootman. P.Schootman neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.
B. Right to Resolve Disputes. P.Schootman has the right, but not the obligation to attempt to resolve disputes between users relating to the Service and P.Schootmans’ resolution of a particular dispute does not create an obligation to resolve any other dispute. P.Schootmans’ resolution of any dispute is final with respect to the Service.
8. PROTECTION OF CONTENT.
A. License by P.Schootman to You. You must respect the intellectual property laws protecting our Service. P.Schootman grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights P.Schootman has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
B. Reservation of Rights. On its own behalf and the behalf of its licensors, P.Schootman reserves all rights in the Content, including any software, not expressly granted in this Section. P.Schootman does not in any way grant any other rights to you. Except as expressly stated in this Section, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from dipasc.com or other third-party owner of the rights in that Content (if any).
10. TERMINATION OR CANCELLATION.
A. Right to Terminate. We may, at any time, without notice to you, terminate your access to the Service, and your Account, or block your access to the Service if:
i. we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of P.Schootman, our users, or any other person;
ii. requested by law enforcement or other government agencies; or
iii. your Account has extended periods of inactivity.
B. Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
C. Effect of Termination. Upon termination of your Account or the Service, your agreement with P.Schootman pursuant to these Terms will also terminate. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Service.
11. DEALINGS WITH MERCHANTS AND LINKS
B. Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including ‘click to purchase,’ ‘co-registration,’ and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
You agree to hold P.Schootman and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, independent contractors, licensors, experts, content providers, advisors, vendors, and suppliers, and each of their respective successors and assigns (collectively, the ‘Indemnified Persons’), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the tools, software, and other aspects of the Service and the Content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Service and any dispute you have related to any merchant or advertising found on or through the Service; (iv) P.Schootmans’ resolution (if any) of any dispute you have with any user of the Service; (v) your improper authorization for P.Schootman to collect, use or disclose any Content provided by you; and (vi)any disclosures made with your permission.
13. DISCLAIMER AND WARRANTIES.
A. The service is for consumer educational use only.
B. No endorsement. Reliance on any information provided by P.Schootman, P.Schootman employees, others appearing on the site at the invitation of P.Schootman, or other visitors to the service is solely at your own risk.
C. You accept the service ‘as-is.î We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of the service are responsible for maintaining a means external to P.Schootman for the reconstruction of any lost data. P.Schootman provides the service ‘as is’ and ‘as available’. That means that the information contained on or provided through this service is intended for general consumer understanding and education. Any access to this site is voluntary. We will regard all access as voluntary and at the sole risk of the user. To the maximum extent permitted by law, P.Schootman makes no representations, warranties or conditions of any kind, express or implied, as to the operation of the service or the information, tools, software, or content included in the service. P.Schootman makes no representations or warranties that the service will be uninterrupted, error-free, virus-free, secure, or timely. to the maximum extent permitted by law, P.Schootman expressly disclaims all representations, warranties or conditions of any kind, whether express or implied, including the implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance. Some jurisdictions do not allow limitations on implied warranties, and therefore some of the above limitations may not apply to you. We urge you to keep backup copies of your personal content, if any, that you maintain on or use with the service. If your use of the service results in the need for servicing or replacing property, material, equipment or data, we are not responsible for any resulting costs or damages.
14. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY.
To the maximum extent permitted by law, none of the indemnified persons are liable to you or any other person for indirect, incidental, punitive, exemplary, special, statutory, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability. Without limiting the foregoing, in no event will the aggregate liability to you of the indemnified persons exceed, in total, the amounts paid by you to us.
15. CUSTOMER SUPPORT.
We have no obligation to provide customer support. However, we may provide you with customer support from time to time, at our sole discretion, if you have created an Account and you submit your customer support questions using your Account.