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Terms of Use

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Terms of Use

Darn Good Deals, Inc. Terms Of Use
Last updated September 31, 2009

Please Read
Do not use this site if you are unwilling or unable to agree to the Terms of Use (referred to hereafter as 'ToU'). and Privacy Policy Agreements You the User (referred to hereafter as 'User' or 'You') must agree to all terms and conditions of our ToU and Privacy Policy (referred to hereafter as 'PP')in order to access, browse, view, crawl, scrape, post, uplink, in any manner, in any portion this site (collectively referred to hereafter as 'Use'), www.DarnGoodDeals.com. Further, this ToU will apply to Use for any and all websites, various other domain names infrastructure, interfaces, mobile devices and applications operated by or for Darn Good Deals, Inc. (collectively referred to hereafter as Site 'DGDI, Inc., 'We', 'Our', 'Us').
 
Acceptance Of Terms
DGDI, Inc. provides to our Users an assortment of online resources, including but not limited to ads, coupons, email service, mapping service, RSS feeds, viewer comment, text, picture and or video upload services (referred to hereafter collectively as 'Available Services'). These Available Services are subject to the following ToU by using Available Services in anyway, you are agreeing to comply with the ToU. In addition, you agree to abide by any applicable posted guidelines for all current as well as additional features that may be added to Available Services.
 
Should you object to any term, condition of our ToU, now or in future posting s, your only remedy is to immediately discontinue use of DGDI, Inc. Available Services. DGDI, Inc. has the right, but is under no obligation, to monitor and enforce any points of the ToU through any means of active or passive investigation. DGDI, Inc. reserves the right to temporarily and/or permanently restrict use of any of Site.  DGDI, Inc.has the right but is under no obligation to litigation and prosecution should a user be found in violation of any points of the ToU or of any federal, state or local laws.
 
Content
You understand and agree that all ads, coupons, images, emails, ratings, reviews, invitations, photos, comments, videos, audio, postings, messages, text, files, information or other forms of communication or data (referred to hereafter collectively as 'Content'), transmitted to, posted on or through, linked to or from any Site and it's Available Services are the sole responsibility of the person from whom Content originated (referred to hereafter as 'Your Content'). User is explicitly and entirely responsible for each individual item of Your Content that User posts, emails or in any other way makes available to be seen whether deliberately or unintentionally.
User understands that DGDI, Inc. does not control, and is not responsible for Content made available through Available Services, and that by using Available Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the DGDI, Inc. website and Content available through Available Services may contain links to other websites, which are completely independent of DGDI, Inc. and DGDI, Inc. makes no warranty as to the accuracy, authenticity, or content of the information contained in any such site. User's linking to any other websites is at User's own risk.
User agrees to evaluate and bear all risks associated with the use of any Content or Available Services. Under no circumstances will DGDI, Inc. be liable in anyway for any Content or Available Services, for any loss or damage of any kind incurred as a result of the use of any Content or Available Services posted, emailed or otherwise made available via Available Services or links used. You acknowledge that DGDI, Inc. does not pre-screen or approve Content, but that DGDI, Inc. shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that is available via the Available Services, for violating the ToU or PP or in DGDI, Inc. opinion for violation the spirit of the ToU or PP.
 
Third Party Content, Sites, and Services
The DGDI, Inc. website and Content available through Available Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of DGDI, Inc., including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. 
Your interactions with organizations and/or individuals found on or through Available Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that DGDI, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that DGDI, Inc. is under no obligation to become involved. In the event that You have a dispute with one or more other Users, You hereby release DGDI, Inc., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway related to such disputes and/or our Available Services.
 
User Accounts
To access some features of our Available Services you will be required to create an account.  This will require you to provide information about yourself to Us. Be sure to read the PP. You are responsible for all activities that occur in association with your account. You must maintain current personal information. You are responsible for maintaining confidentiality of Your account password.  You agree to notify us immediately on any unauthorized use of your account.  We reserve the right to close your account at anytime for any or no reason. In addition if You desire to use features from Available Services that require a fee paid you agree to provide us with current credit card information and any necessary information to charge your credit card for agreed sums. Canceling of any services requires a 30 day written notice to
DGDI, Inc. this may be done using our address or email listed below.
 
Prohibited Acts
You agree not to post, transmit, email, in any manner make available, or assist, incite, promote and/or enable others to in anyway use our Available Services or Site to:
*. do any thing that is unlawful, harmful, threatening, abusive, harassing, intimating, defrauding, degrading, hateful, defamatory, libelous, promoting of bigotry, discriminatory, against an individual or group of individuals.
*.do any thing that is invasive of another's privacy, make unsolicited contact, collect personal information, harass or stalk, in any form, anyone for any reason that includes but is not limited to using their personal information in a manner You were not given permission to do so.
*. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or any act which constitutes "bait and switch".
* violate the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics).
* try to, in any manner interfere with another User of Site. Further to use or implement software viruses or any other computer programming, code, programs, files designed to halt, stop, interrupt, destroy or in any way limit the intended applications and functions of any computer software, hardware, telecommunications device or that disrupts the normal flow of applications with an excessive amount of Content (also known as flooding attack) to halt, stop, interrupt, or in anyway limit Available Services, or in any other way that negatively affects other Users' ability to use Available Services or that illegally captures, or sends email addresses, or illegally misrepresents User through forged banners, copy righted material or in any other way disguises the origin of Content transmitted through Available Services.
*. harm or threaten to cause harm to minors, or to solicit personal information from minors.
*. for chain letters, junk emails, pyramid schemes, spam, unsolicited advertisement, surveys, link referral code, schemes, or other mass messaging whether for commercial, promotional or personal in nature.
*. in any manner which may create a conflict of interest, post or solicit shill reviews, use the site for keyword spamming or to in anyway try to manipulate natural search results.
*. in any manner that is or could be construed by the broadest interpretation; anything that is pornographic or depicts  human beings or animals in any sexual acts.
*. in any manner that is or could be construed by the broadest interpretation; anything that depicts one or more human beings or animals having been harmed or are in the process of being harmed or with the intent to harm
*modify, adapt, distribute, translate, publicly display, trade, sell, reproduce, reformat, reverse engineer recreate or in whole, part or derivative any material on DGDI Inc. website whether owned by DGDI, Inc or it's Users, unless express permission has been given in writing by the owning party of said Content.
*.Users may not use site search/retrieval application, spider, robot, or any other automated device or process or means what so every to scrape, retrieve, or index DGDI Inc. website, Content and Available Services
*. post Content that you do not have the legal, or moral rights to use, or that infringes on any third party rights such as, but not limited to; breach of confidence, moral right, right of publicity, privacy right, patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party.
* post for sale, rent, loan any illegal service or product which is prohibited or in anyway restricted by any applicable law.
*gain access, disrupt, circumvent, remove, disable, distort, through unauthorized hacking, password mining, to worms, viruses, Trojan horses, or any other means harm, make a disproportionate or unreasonable load on our Site or in any way Our infrastructure, security encryption codes, computer systems, websites connected through Our Site or User Accounts, Site, or networks
* use the Site to transmit any destructive devices, such as but not limited to worms, viruses, Trojan horses, or any other means that could interfere with the intended workings or securities of the Site or any User of our Site
* use spiders, robots, crawlers, data mining tools or any other automated methods, to take data from Site.
* to post any message or information in any manner that is in any manner an untruth.
*each posting or uploading of data must be individually and manually done and no form of automated device or computer program is allowed.
* no form of automated device or computer program is allowed would 

Prohibited items listed for sale, rent, lease, borrow or transfers of any kind what so ever
User must be responsible for applicable laws, policies and regulations when selling in any jurisdiction.  User takes responsibility for complete understanding of the Agencies which govern and regulate the service or goods to be bought and sold.
Below is a list of restricted and prohibited items on DGDI Inc. website. Should you feel you need further information we have complied a resource list, which is found at the end of ToU
 
Any material that infringes copyright, including but not limited to any digital goods, software, books, paintings.
Animals of any kind including but not limited to dogs, cats, birds, primates, rodents, reptiles, amphibian, fish which you are not legally authorized to sell. Also included but not limited to animal, fowl, reptiles, amphibian, fish parts, blood, or fluids - including but not limited to stud/breeding service which you are not legally authorized to sell.
Airline tickets that restrict transfer, and/or which you are not legally authorized to sell.
Alcohol of any kind which you are not legally authorized to sell.
Batteries new or used which you are not legally authorized to sell.
Bedding, used, unless sanitized in accordance with law and/or which you are not legally authorized to sell.
Blood, bodily fluids or body parts.
Burglary tools, including but not limited to lock-picks or motor vehicle master keys which you are not legally authorized to sell.
Child pornography.
Clothing, used, unless sanitized in accordance with law and/or which you are not legally authorized to sell.
Controlled substances.
Counterfeit currency, coins, stamps, tickets or equipment designed to make them.
Counterfeit, knock-off or replica of brand name goods.
Coupons that restrict transfer, and/or ones which you are not legally authorized to sell.
Email lists that contain personal information such as but not limited to; names, addresses, phone numbers, or any other personal identifying information which you are not legally authorized to sell.
False identification items, including but not limited to; cards, items with fire or police, or military insignia, birth certificates, or citizenship documents.
Fireworks or any kind that contain explosives and/or destructive devices.
Food items which you are not legally authorized to sell.
Gift cards that restrict transfer, and/or ones which you are not legally authorized to sell.
Gambling items, including but not limited to lottery tickets, sports trading card 'grab bags', raffle tickets, sweepstakes entries or slot machines which you are not legally authorized to sell.
Hazardous substances, or items containing hazardous substances including but not limited to contaminated toys, house-ware products, personal items, business items containing toxic substances.
Illegal drugs, substances and items used to manufacture illegal drug paraphernalia.
Illegal telecommunications equipment, including but not limited to access cards, access card programmers, password sniffers, or cable descramblers
Insects and pests, restricted and/or regulated which you are not legally authorized to sell.
Mailing lists that contain personal information such as but not limited to; names, addresses, phone numbers, or any other personal identifying information which you are not legally authorized to sell.
Medical devices, tools and impliments including but not limited to defibrillators, hypodermic needles or which you are not legally authorized to sell.
Nonprescription drugs, supplements, health aids, that make false or misleading treatment claims or treatment claims that require FDA approval.
Obscene material.
Pesticides which you are not legally authorized to sell.
Plants restricted or regulated, including but not limited to noxious weeds, endangered plant species, or live insects or pests which you are not legally authorized to sell.
Prescriptions and/or resulting products including but not limited to drugs oral and topographical, ocular contact lenses, hearing aids which you are not legally authorized to sell.
Stolen property, or property with serial number altered or removed.
Tickets of any kind which you are not legally authorized to sell.
Tobacco products of any kind which you are not legally authorized to sell.
United States Armed Forces, items issued that have not been disposed of in accordance with Department of Defense demilitarization policies and/or which you are not legally authorized to sell.
Weapons and related items, including but not limited to firearms, switchblade knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas or stun guns which you are not legally authorized to sell.
 
Second Party Posting Agents
If User allows a Second Party Agent to post, upload or in any manner display information for User then User accepts complete responsibility for information posted or acts committed by Second Party Posting Agent.
 
Fees
We may charge a fee to User to use Our Available Services these fees will be made available to User before said services are utilized. All fees paid will be non-refundable in the event that Content is removed from Site for violating the ToU.
 
Limitations Of Service
User accepts that DGDI, Inc. has establish limits on Available Service, such as but not limited to the maximum number and size of text, pictures, videos, logo's, email messages, or other Information that may be seen on Site or transmitted or stored by Our Infrastructures.  We may also limit frequency of use. You agree that DGDI, Inc. has no liability or responsibility for any deletion or failure to store any Content in our infrastructure, website or other Available Services. You agree DGDI, Inc. reserves the right to modify or discontinue Available Service with or without notice, and that DGDI, Inc. shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Available Service.
 
Access To Available Service
DGDI, Inc. grants you a limited, revocable, nonexclusive license to access of Available Services for so long as You adhere to Our Policies, Guidelines, ToU, Contracts. 
DGDI, Inc. permits You to display on your webpage, or in the comments or review, or email sections such items as our outlined by Our templates. No changes or deviations are allowed from these templates.
You may create a hyperlink to DGDI, Inc. website if the link does not portray DGDI, Inc., its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
 
DGDI, Inc. offers various Components to Our Available Service one such component is an RSS format for use in our RSS feed. Users can embed selected DGDI, Inc. RSS feeds into a personal or business website, blog, or may view postings through third party software news aggregators. Each DGDI, Inc RSS Feed Titles are generated from User's Business Name field and content is generated from User's Short Description field.  User is responsible for all information in these fields. Please provide proper attribution to DGDI, Inc. as the source RSS feed. Your use and or display of DGDI, Inc RSS feed does not suggest that We promote or endorse any third party websites, services, products, ideas, ideology or cause. DGDI, Inc. reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
 
Use of Available Service beyond authorized access granted to you by DGDI, Inc. immediately terminates any and all permission or license to use Site. In order to copy, duplicate, display in any form whether that be whole or part of Site, you must first obtain written authorization from DGDI, Inc. at the address listed below.
 
Eligibility
User must be at least 18 years old and a resident of the United States. If you use the Site on behalf of a company, organization or any other entity you muse be an authorized representative with the author to bind it to the ToU and our PP (which authority you now exercise).
 
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify DGDI, Inc.'s for notice of claims of copyright or other intellectual property infringement at
darngooddeals@cox.net
or:
DGDI, Inc.
P.O. Box 42036
Mesa, AZ. 85202
attn: Copyright Notification
Please provide DGDI, Inc. with the following Information
1. Include your name, address, telephone number and email address
2. Identify the material on the DGDI, Inc. website that you are claiming is infringing. Please be sure to provide us with enough details so that we may be sure to locate it on the website.
3. Your sworn statement under penalty of perjury that you have a good faith belief that the disputed material is not authorized by the copyright owner, its agent, or the law. and that you are declaring under penalty of perjury that the information is accurate, and you are the owner of the copyright at interest or that you are authorized to act on behalf of that owner.
4. Your physical or electronic signature.
DGDI, Inc. will remove the infringing above referenced material subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
 
Notification of Claims of Infringement Counter Notice
If you believe that Your listing, comment text, upload or any other such material was removed by DGDI, Inc because of a unjust copyright infringement filing against you, you many file a Counter Notification at
darngooddeals@cox.net
or:
DGDI, Inc.
P.O. Box 42036
Mesa, AZ. 85202
attn: Copyright Notification
 
Please provide DGDI, Inc. with the following Information:
1. Include your name, address, telephone number and email address
2. Identify the material that has been removed from DGDI, Inc. website that you are claiming is infringing.  Please be sure to provide us with enough details of where it appeared before We removed it, so that we may be sure to locate material.
3. Your sworn statement under penalty of perjury that you have a good faith belief that the disputed material was removed as a result of a misidentification or a mistake and that you have all legal rights to it's use in the manner to which you were using the material. You must acknowledge that you will consent to the jurisdiction of Federal District cour for the judicial district in which the complainant who has filed the Notification of Claims of Infringement against you resides and that you will accept service of process on this matter.
4. Your physical or electronic signature.
 
Upon receipt of your original Notification of Claims of Infringement Counter Notice We will notify the person, persons or entity which filed the Notification of Claims of Infringement that We will re-list the material in 14 days unless We receive a legal document from them proving they have filed an action seeking a court order to restrain you from showing the material in question. If they notify us in writing or by e-mail that they no longer object to you showing the material on Our Site, we will re-listed it or allow you to re-list the material.
 
Termination Of Service
You agree that DGDI, Inc., at its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or in any other manner terminate your use in whole or part to our Site and Available Services.  DGDI, Inc. retains the right without notice to remove and destroy or discard any Content within the Site, for any reason, including but not limited to violation directly to or in the spirit of the ToU, Privacy Policy or any other guidelines or postings on DGDI, Inc. website. You agree that DGDI, Inc. shall not be liable to you or any third-party for any termination of your access to the Available Service. You also agree not to use or attempt to use the Available Service after termination.
 
Proprietary Rights
Content displayed on or through Available Service is protected by copyright as a collective work, DGDI, Inc. website, Available Service, is protected to the maximum extent permitted by copyright laws and international treaties. Any attempt to modify, adapt, distribute, translate, publicly display, trade, sell, reproduce, reformat, reverse engineer recreate or in whole, part or derivative any material on DGDI Inc. website whether owned by DGDI, Inc or it's Users, unless express permission has been given in writing by the owning party. You agree to abide by any copyright notices displayed by DGDI, Inc and or it's Users on Site.
 
User grants and warrants that while DGDI, Inc. has no ownership claim on User's material, User has the authority to grant DGDI, Inc an irrevocable, non-exclusive, perpetual, fully paid worldwide license to any copy, display, use, distribute any whole or part of posted ads, coupons, images, emails, ratings, reviews, invitation, photos, comments, videos, audio, postings, messages, text, files, information or other forms of communication or data transmitted to, posted on or through, linked to Site.
 
User assumes liability for all Content and assumes responsibility for any claims arising there from made against DGDI, Inc. Advertiser is solely responsible for any legal liability arising out advertisement, and/or any material to which users can link through the advertisement. Advertiser holds the necessary rights and permits for advertisement and link. Advertiser claims advertisement will not violate any criminal laws or rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify DGDI, its employees or representatives and to hold them harmless from any and all liabilities, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by DGDI arising out of or related to the Advertiser's breach of any of the foregoing representations and warranties. 
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