1. Intellectual Property
A. The content on the Site and all materials made available in connection with the Site, including, without limitation, User Comments (as defined below), the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, any and all copyrightable material (including source and object code), all other materials related to the “look and feel” of the Site, any other form of intellectual property and all trade identities, trademarks, service marks and logos (collectively, “Trademarks”) contained therein (collectively, the “Site Content”), is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Diesel Marketer reserves all rights not expressly granted herein to and in the Site and the Site Content.
B. You agree to not engage in the use, copying, or distribution of any of the Site Content other than as expressly permitted herein, including, without limitation, any use, copying, or distribution of Site Content for any commercial purposes. If you download or print a copy of the Site Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of Diesel Marketer or the Site Content therein.
C. Trademarks displayed on the Site are the registered and unregistered Trademarks of Diesel Marketer and its licensors. You agree that you will not refer to or attribute any information to Diesel Marketer or its licensors in any public medium (e.g., press release, websites, social networking platforms and devices, etc.) for advertising or promotional purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Diesel Marketer or its licensors.
2. Use of Site and Site Content.
A. Diesel Marketer hereby grants you a non-exclusive, non-transferable license to access and use the Site, on no more than a single computer at a time, as set forth in these TOU provided that: (i) your use of the Site and the Site Content, as permitted, is solely for your personal, noncommercial, internal and informational use; (ii) you will not copy or distribute any part of the Site or the Site Content in any medium without Diesel Marketer’s prior written authorization; (iii) you will not alter or modify any part of the Site or the Site Content other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with these TOU. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose any Site Content or functionality of the Site without Diesel Marketer’s prior written consent.
B. You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to Diesel Marketer servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Diesel Marketer grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Diesel Marketer reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including, without limitation, user names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
C. In your use of the Site, you will otherwise comply with these TOU and all applicable local, national, and international laws and regulations.
3. User Comments.
A. You acknowledge and agree that Diesel Marketer shall own in perpetuity and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, sessions of any interactive services provided by users and otherwise (collectively, “User Comments”), and you hereby waive any claims against Diesel Marketer for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Diesel Marketer’s use and publication of User Comments.
B. The foregoing license granted by you shall not terminate after you remove or delete your User Comments from the Site, if applicable.
C. In connection with User Comments, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Diesel Marketer all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Diesel Marketer or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of a business; or (v) impersonate another person. Diesel Marketer does not and cannot review all User Comments and is not responsible for any information contained in such User Comments. Diesel Marketer, however, reserves the right to refuse to post and the right to remove any User Comments, in whole or in part, for any reason or for no reason. Diesel Marketer does not endorse any User Comments or any opinion, recommendation, or advice expressed therein, and Diesel Marketer expressly disclaims any and all liability in connection with User Comments. Diesel Marketer does not permit copyright infringing activities and infringement of intellectual property rights on this Site, and Diesel Marketer will remove all content and User Comments if properly notified that such content or User Comments infringe on another’s intellectual property rights. Diesel Marketer reserves the right to remove content and User Comments for any reason without prior notice.
D. Diesel Marketer will terminate a user’s access to the Site if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Comment removed from the Site more than twice. Diesel Marketer also reserves the right to decide whether any User Comment is appropriate and complies with these TOU for violations of these TOU other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Diesel Marketer may remove such User Comments and/or terminate a user’s access for uploading such material in violation of these TOU at any time, without prior notice and at its sole discretion.
4. Notices of Infringement and Takedown by Diesel Marketer.
Diesel Marketer prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including, without limitation, rights of privacy and publicity) of any person or entity. If you are a copyright owner or an agent thereof and believe that any User Comments, or other Site Content, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent (“Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Web site are covered by a single notification, a representative list of such works at that Web 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 the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Diesel Marketer’s designated Copyright Agent to receive notifications of claimed infringement is: info@Diesel Marketer.com ATTN: Copyright Agent. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Diesel Marketer customer service through support@DieselMarketer.com. You acknowledge that if you fail to comply with all of the requirements of this Section 4, your DMCA notice may not be valid.
5. Warranty and Disclaimer.
THE SITE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT Diesel Marketer IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE TO YOU. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Diesel Marketer, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, AS TO THE OWNERSHIP, ACCURACY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OF SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SITE. Diesel Marketer DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Diesel Marketer WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability.
A. IN NO EVENT SHALL Diesel Marketer, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SITE CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONS.
B. YOU SPECIFICALLY ACKNOWLEDGE THAT Diesel Marketer SHALL NOT BE LIABLE FOR USER COMMENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
C. THE SITE IS CONTROLLED AND OFFERED BY Diesel Marketer FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. Diesel Marketer MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
7. Third Party Web Sites.
You agree to defend, indemnify and hold harmless Diesel Marketer, and any officers, directors, shareholders, employees, agents, and representatives of Diesel Marketer, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, all attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term contained in these TOU; (iii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that one or more of your User Comments caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Site.
9. Ability to Accept TOU.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOU, and to abide by and comply with these TOU.
10. No Legal Advice.
The Site Content and services provided in connection with this Site are not intended to be, and shall not be used as, legal advice. No attorney-client relationship is formed by the Site Content or the services provided in connection with the Site. You use the Site Content and services provided in connection with this Site at your own risk.
These TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Diesel Marketer without restriction.