1. Acceptance of Terms: Welcome to the DIO store By using our Website you agree to be bound by these “Terms of Use.”
2. Definitions: In these Terms of Use: “Website” means the website
associated with the domain name
http://officialronniejamesdiowebstore.com or http://thediostore.com.
“The Services” means all the services offered in conjunction with the
Website.
3. Description of Services: the DIO store provides a
wide range of Services including but not limited to access to
information on apparel products, printed materials, events calendars,
blogs, comments, donations, subscriptions, partner profiles and user
account services. Any new features added to the Services will also be
subject to these Terms of Use, as they may be occasionally modified.
Please review these Terms of Use from time to time so that you will be
aware of any changes.
Although we will attempt to notify our
users of significant changes to the Services or Terms of Use, we may
modify the Services or Terms of Use for any reason, and without notice.
We may also terminate the Services with or without notice, and without
liability to you, any other user, or any third party.
4. Your
Obligations: You are responsible for obtaining access to the Website and
for paying any fees involved in obtaining that access (such as Internet
service provider or airtime charges and the cost of the equipment you
use to access the Website).
As a user of the Services, you agree to not use the Services to:
A.
post, transmit or otherwise make available any material that is
unlawful, harmful, threatening, abusive, harassing, torturous,
defamatory, vulgar, obscene, libelous, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C.
impersonate any person or entity, including, but not limited to, an
official of the DIO store, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
D. disguise the origin of any material posted on or transmitted by The DIO Store;
E.
post, transmit or otherwise make available any material that you do not
have a right to make available or that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
F.
post, 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 rooms) that are designated for
such purpose;
G. post, 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;
H. “stalk” or otherwise harass another; or
I. collect or store personal data about other users.
5.
Privacy Policy: Registration Data (as defined below) and any other
information we collect about you is subject to our Privacy Policy.
6.
Member Account, Password and Security: If you create an account on the
Website, you will receive a password and account designation upon
completing the 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: (a) provide true, accurate, current and complete
information about yourself as prompted by the registration form (your
“Registration Data”); (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete; (c) immediately
notify The DIO Store of any unauthorized use of your password or account
or any other breach of security; and (d) ensure that you exit from your
account at the end of each session. If you provide any information that
is untrue, inaccurate, not current or incomplete, or The DIO Store has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, The DIO Store has the right to
suspend or terminate your account and refuse your use of the Services.
Your Registration Data will be kept confidential as provided in our
Privacy Policy.
7. Partner Profiles and Social Networking: You
may create a partner profile page on the Website, including a user
profile and any other information you choose to post on the page. By
creating a partner profile page, you acknowledge and agree that other
users of the Website can access and view your user profile and other
information, including any Personal Data (as defined in the Privacy
Policy) and User Content (as defined below) on the page. You also
acknowledge and agree that other users may interact with you on the
page, and may subscribe to RSS feeds about your page, where users will
be updated regarding your activity on the page. You can change or delete
information on your partner profile page at any time, however, please
be aware that any information or material posted to the Website may
still be available on archived pages or stored on other users’ pages
even after you delete that information or material from your page. You
participate in the partner profile features of the Website at your own
risk. The DIO Store is not responsible for security or privacy breaches
or the actions of other users or third parties related to your use of
the partner profile features of the Website.
8. User-Generated
Content: You may post user-generated content, such as comments, photos,
profiles (including your name, image, and likeness), messages, notes,
text, information, music, and videos (“User Content”) on the Website.
You will remain the owner of the User Content. By posting User Content,
you grant The DIO Store an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to
sublicense) to use, copy, publicly perform, publicly display, reformat,
edit, translate, excerpt (in whole or in part) and distribute such User
Content for any purpose, commercial, advertising, or otherwise, on or in
connection with the Website or the promotion thereof, to prepare
derivative works of, or incorporate into other works, such User Content,
and to grant and authorize sublicenses of the foregoing. For example
and without limiting the foregoing, by posting comments to any portion
of the Website, you grant The DIO Store the right to use, copy, edit,
highlight, feature, distribute, and display those comments or any
portion thereof on the Website and in promotions thereof in any manner
and for any purpose. By posting User Content, you represent and warrant
that you have the right to post the User Content, that no third party
rights will be violated by such posting, and that you have the right to
grant The DIO Store the rights granted herein.
9. Services and
Information Provided “As Is.” You understand and agree that the Services
are provided “As Is” and that The DIO Store assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communication, information, or configuration.
You understand that
you, and not The DIO Store, are entirely responsible for all material
that you post, transmit or otherwise make available through the
Services. The DIO Store does not review or control the material that
others post, transmit or otherwise make available through the Services,
and accordingly The DIO Store does not guarantee the accuracy, integrity
or quality of such material.
You acknowledge that although The
DIO Store does not review material posted on, transmitted or otherwise
made available through the Services by others, The DIO Store and its
designees shall have the right (but not the obligation) in their sole
discretion to refuse or remove any material that is available through
the Services, at any time and for any reason.
10. Use of the
Services in Other States and Countries: You agree to comply with all
local rules regarding online conduct and content.
11. The DIO
Store Intellectual Property: The DIO Store (or its licensor) is the
owner of all Website content —graphics, text, trademarks and other
elements—including all copyrights, trademark rights and other
intellectual property rights embodied therein. The DIO Store content and
other materials may not be used, reproduced, distributed, displayed,
reprinted or retransmitted in whole or in part without the express
written consent of The DIO Store, except that the foregoing does not
apply to your own User Content (as defined above) that you legally post
on the Website, and is not intended to prevent any “fair use” of the
content under U.S. Copyright Law.
12. Third Party Intellectual
Property: The DIO Store respects the intellectual property rights of
others. We will respond promptly to remove material that infringes
another person’s copyright or other intellectual property right.
Notices
of Claimed Infringement: A notification of claimed infringement must be
a written communication provided to the Designated Agent that includes
substantially the following:
(i) A physical or electronic
signature of a person authorized to act on behalf of the owner of the
copyright that is allegedly infringed.
(ii) Identification of the
copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site.
(iii)
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit us to locate the material.
(iv) Information reasonably
sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted.
(v) A statement
that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
(vi) A statement that the information
in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Upon receipt
of a proper notification of infringement, The DIO Store will act
promptly to remove or disable the allegedly infringing material.
Counter
Notifications: If you believe that your User Content has been removed
or disabled in error, you may send a written counter notification to the
Designated Agent that includes substantially the following:
(A) Your physical or electronic signature.
(B)
Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared
before it was removed or access to it was disabled.
(C) A statement
under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled.
(D) Your
name, address, and telephone number, and a statement that you consent
to the jurisdiction of Federal District Court for the judicial district
in which the address is located, or if your address is outside of the
United States, for any judicial district in which The DIO Store may be
found, and that you will accept service of process from the person who
provided notification under subsection (c)(1)(C) or an agent of such
person.
13. Indemnity: You agree to indemnify and hold
harmless The DIO Store, and its subsidiaries, affiliates, officers,
agents, and employees, from any claim or demand by any third party
arising out of material you post, transmit or otherwise make available
through the Services (including User Content), your use of the Services,
your connection to the Website, your violation of these Terms of Use,
or your violation of any rights of another person or entity.
14.
No Commercial Use of Services: You agree to use The DIO Store website
for personal, non-commercial use only. You may not use the Services to
sell a product or service, or to increase traffic to your website for
commercial reasons, such as advertising sales. You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Services, access to the Website, or any
material available through the Services.
15. Use and Storage of
User Material: The DIO Store may establish general practices and limits
concerning use of the Services, including limits on: the time that
user-posted material will be available through the Services; the time
that user-posted material will be stored by he The DIO Store; the
maximum size of any single posted event; the maximum disk space that
will be allotted on The DIO Store servers on your behalf; the maximum
number of times you may access the Services in a given period of time;
and the maximum duration of each access. You acknowledge that The DIO
Store reserves the right to terminate accounts that are inactive for an
extended period. You further acknowledge that The DIO Store reserves the
right to change these general practices and limits at any time, in its
sole discretion, with or without notice.
16. Termination: You
agree that The DIO Store, in its sole discretion, may terminate your
password, account, or use of the Services, and remove and discard any
material available on or stored by The DIO Store (including User
Content), for any reason, including, but not limited to, lack of use or
actions inconsistent with the Terms of Use. The DIO Store may also, in
its sole discretion and at any time and for any reason, discontinue
providing the Services, or any part thereof, with or without notice. You
agree that upon termination The DIO Store may immediately deactivate or
delete your account and all related information and files in your
account including User Content and/or bar any further access to such
files or the Services. Further, you agree that The DIO Store shall not
be liable to you or any third party for any termination of your access
to the Services.
17. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS. THE DIO Store EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The DIO Store MAKES NO
WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE 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 SERVICES IS USED AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM 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 THE DIO Store OR THROUGH OR FROM THE SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
18.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DIO
Store SHALL NOT BE LIABLE FOR ANY DIRECT, 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 The DIO Store HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
19.
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 18 AND 19 MAY NOT APPLY TO YOU.
General
Contract Provisions. The Terms of Use constitute the entire agreement
between you and The DIO Store and govern your use of the Services,
superseding any prior agreements between you and The DIO Store. The
Terms of Use and the relationship between you and The DIO Store shall be
governed by the laws of the State of Wisconsin. The failure of The DIO
Store to exercise or enforce any right or provision of the Terms of Use
shall not constitute a waiver of such right or provision or any other
right or provision. If any provision of the Terms of Use is held 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 that provision, and that the other provisions
of the Terms of Use remain in effect. 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 Services or the Terms of Use must be filed
within one year after such claim or cause of action arose or be forever
barred.
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