Last Modified: 2/15/2021
You acknowledge and agree that the Site, including all content posted to the Site, contains proprietary information that is protected under U.S. and international intellectual property laws, including the laws of copyright and trademark. As between you and DDP, the Site and all Product Content (as defined below) are the sole and exclusive property of DDP or its affiliate. We are granting you no right, title, or interest in or to the Site, any Site Design (as defined below), or any Product Content other than as explicitly set forth herein or in our Terms of Sale.
DDP’s name, logo, and all related names, logos, product and service names, designs, and slogans are ours or our affiliates’ or licensors’ trademarks. You must not use such marks without our prior written permission.
You acknowledge that the Site may include photographs, text, graphics, images, video, and other digital or online media (collectively “Site Content”). You also acknowledge that the Site includes, but is not limited to, the individual design elements, selection, layout, coordination, structure, expression, sequencing, user interfaces, “look and feel,” and arrangement of Site Content (collectively, the “Site Design”). All Site Content and Site Design are exclusively owned by, and constitutes the proprietary property of, DDP or its licensors. You may not transfer, rent, lease, time share, loan, assign, copy, or disclose any Site Content to anyone without our express written consent or as otherwise provided for herein. You may not modify or create derivative works based in any fashion on any Site Content or Site Design.
Except as expressly authorized in writing by us and our licensors (if applicable), you agree not to:
1. sell, rewrite, modify, copy, republish, redistribute, or create derivative works of or from, or otherwise transmit the Site Content, in whole or in part;
2. collect Site Content or other information, including using any automated means (such as harvesting bots, robots, spiders, or scrapers);
3. engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site;
4. upload viruses or other malicious code;
5. solicit login information or access an account belonging to someone else;
6. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) from the Site or otherwise belonging to us or our affiliates;
7. use any meta tags or any other "hidden text" utilizing our name or trademarks;
8. reverse engineer, modify, decompile, or disassemble any aspect of the Site, including any technology used in connection with the Site;
9. tamper with the operation, functionality, or the security of the Site;
10. attempt to override or circumvent any security or usage rules embedded into the Site that permit digital materials to be protected;
11. violate or attempt to violate any security features of the Site;
12. emulate or fake usage of the Site;
13. attempt to probe, scan, or test the vulnerability of the Site, or any associated system; or
All goodwill generated from the use of any DDP trademark inures solely to our benefit.
In the event that you provide any user review, comment, or other feedback about the Site or the services or goods provided or available through the Site (“User Feedback”), we will own that User Feedback as well as any actions we take in response to that User Feedback, without any obligation to compensate you. You hereby agree to release and hold harmless DDP and its members, managers, employees, agents, parents, subsidiaries, affiliates, assigns, and successors in interest from any and all claims and liability for damages, losses, or expenses of any kind arising from the making of such User Feedback or DDP’s use of such User Feedback for any reason, including, without limitation, claims with respect to your right to privacy or publicity. For the avoidance of doubt, DDP, as the sole owner of all User Feedback, may use your User Feedback for any reason, including, without limitation, to promote DDP, the Site, any photographs, artwork, or other intellectual property of DDP or its affiliates, or in any other manner.
We are committed to protecting the privacy of children. This Site is not intended for use by anyone under the age of eighteen (18), and you represent, warrant, and confirm that you are at least eighteen (18) years of age or have permission from a parent or legal guardian to access and use the Site.
Current and Accurate Information
Account, Password, And Security
Consent to Receive Communications
You acknowledge and agree that we may send written and electronic communications to you in connection with the Site, your use of the Site, and any products or services obtained or that you will obtain by or through the Site. You expressly consent to the receipt of any all notices from us by way of email including correspondence we are legally obligated to provide you.
Privacy and Personal Information
Links to Third Party Sites
This Site may be linked to other websites which are not under the control of and are not maintained by DDP. Without implying that DDP makes any representations about the Site, DDP makes no representation whatsoever about any other website which you may access through the Site. When you access a non-DDP website, please understand that it is independent from DDP and that DDP has no control over the content of that website. In addition, a link to a non-DDP website does not mean that DDP endorses or accepts any responsibility for the content or use of such website. It is up to you to take precautions to ensure whatever you select for your use is free of such items as viruses, worms, or other items of destructive nature. DDP shall not be responsible or liable for, and you agree to release and hold DDP harmless against, any damage or loss caused or alleged to be caused by or in connection with (i) your use of or reliance on any content, goods, products, or services available on or through any third-party website, application, or content and (ii) any malicious software, computer code, virus, malware, spyware, or similarly destructive, harmful, or invasive digital material transmitted by or existing on or through any third-party website or application.
Some aspects of the Site Content may be delivered through software or other technology offered by third-party service providers. Such third parties may have their own terms and conditions applicable to the use of such third-parties’ software or other technology. DDP shall not be responsible for your inability to access the Site Content as a result of any incompatibility between such third-parties’ software or other technology and your computer or other devices or for any other reason related to such third-parties’ software or other technology.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ANY INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS, OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OFFERED THEREON, SITE CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING), STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, AND NON INFRINGEMENT WITH REGARD TO THE SITE, THE GOODS OFFERED THEREON, THE SITE CONTENT, THIRD PARTY CONTENT, ANY OTHER CONTENT, AND ANY GOOD OR SERVICE FURNISHED OR TO BE FURNISHED BY US (WHETHER OR NOT ON OR THROUGH THE SITE). WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE, THAT DEFECTS IN THE SITE OR SITE CONTENT WILL BE CORRECTED, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT (INCLUDING ACCURATE DESCRIPTIONS OF GOODS OR SERVICES OFFERED FOR SALE ON THE SITE), OR ANY OTHER CONTENT, OR THAT ANY ERRORS IN THE SITE CONTENT, THIRD PARTY CONTENT, OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE GOODS OR SERVICES OFFERED THEREON, THE SITE CONTENT, AND OTHER CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
TESTIMONIALS, ENDORSEMENTS, AND COMMENTS BY OUR CUSTOMERS OR AUDIENCE REGARDING OUR GOODS, SERVICES, THE SITE CONTENT, THE SITE, OR ANY PERSON ASSOCIATED WITH DDP ARE MERELY THE OPINION OF THE INDIVIDUAL PROVIDING SUCH TESTIMONIAL, ENDORSEMENT, OR COMMENT.
IF YOU DOWNLOAD ANY SOFTWARE PROGRAM, MATERIAL, OR CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE PROGRAM, MATERIAL, OR CONTENT. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING THE TECHNOLOGY RESOURCES NECESSARY TO OBTAIN, VIEW, PLAY, OR OTHERWISE USE THE SITE CONTENT OR SITE DESIGN. DDP SHALL NOT BE RESPONSIBLE FOR ANY INABILITY TO ACCESS THE SITE CONTENT AS A RESULT OF YOUR USE OF SUCH IMPROPER OR INCOMPATIBLE TECHNOLOGY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
Independent and Third Party Vendors and Advertisers
You acknowledge that independent third parties may act as suppliers for DDP. DDP is not responsible for the acts or omissions of such suppliers. Similarly, from time to time, third parties may sell or advertise products on the Site, and DDP is not responsible for the acts or omissions of any such advertisers or sellers, including in connection with any products or services offered or provided by such advertisers or sellers.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DDP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DDP. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
No Assignment by You
In the event that your use or access to the Site is terminated for any reason, we will not refund any payments that you previously made for goods that were previously shipped or for any services (whether or not already provided) other than as explicitly set forth in our Terms of Sale.
Choice of Law and Forum
Digital Millennium Copyright Act; Notice and Take Down Procedures
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material
3. Your name, address, telephone number, and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our designated copyright agent to receive DMCA Notices is:
58 Eastlake Road
Mount Pleasant, SC 29464
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.