Terms of Use – DTactics

Last updated: July 30, 2010

No portion of this service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from DTactics Navigation Limited.

Acceptance of Terms Through Use

WELCOME TO THE DTACTICS NAVIGATION LIMITED WEB SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (“SITE”). YOUR USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Please note that DTactics reserves the right to update and change these Terms of Use from time to time at its sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use will confirm your acceptance of those changes. In the case of any violation of these Terms of Use, DTactics reserves the right to seek all remedies available in law and equity for such violations.

Title and Ownership

All right, title and interest in and to the Site and to the content and other information and materials available on this Site, including software, (collectively the“Materials”) are proprietary to DTactics and its suppliers and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained by DTactics and its suppliers.

Limited License to Use Site

The Materials at this Site are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may print out or download on a single computer, one copy of the Materials found on the Site for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by DTactics in writing or as allowed by any license terms which accompany or are provided with individual Materials. The above notwithstanding, if you are a commercial user of DTactics products you may print out and use a reasonable number of copies of Materials related to those specific DTactics products solely in connection with your authorized use of such products. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

Termination of this License

If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Materials obtained from the Site.

Products and Services

DTactics’s obligations with respect to its products and services are governed solely by the terms and conditions of sale and agreements under which they are provided. For example, if you download software from this Site, use of the software shall be governed by the provisions of the End User License Agreement or other software license agreement that accompanies or is provided with the software. If you obtain a product or service from DTactics through this Site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Password-Protected Areas and Access

Certain services available through this Site may be accessed from password-protected areas only. Access to and use of any such service from a password protected area is restricted to authorized users only who have met the qualifications required by DTactics, in its sole discretion, for use thereof. Such services may be provided subject to the terms and conditions of a separate use or license agreement applicable to the specific service, and posted at such password-protected area. In the event of a conflict between these Terms of Use and provisions contained in any such separate agreement applicable to a specific service available through this Site, you agree that the latter shall be controlling. Distribution of a password to any person or entity not authorized to use the password is prohibited and will result in immediate removal of the password holder’s rights to access this Site in whole or in part.

General Disclaimer and Limitation of Liability

Although DTactics has attempted to provide accurate information on this Site, DTactics assumes no responsibility for the accuracy of the information or Materials; nor does DTactics warrant that the information or Materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. DTactics may change the Materials or products mentioned at any time without notice. Mention of non-DTactics products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL DTACTICS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY DTACTICS PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF DTACTICS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

User Communications / Chat Rooms, Blogs and other User Forums

This Site may include bulletin board services, blogs, chat areas, forums, communities, personal web pages and other message or communications facilities designed to enable you to communicate with DTactics (e.g., to provide feedback and suggestions) and with other Site users, and to post, upload, share and submit materials (e.g., text, images, data, etc.) for review by DTactics, the general public or by members of a public or private community (collectively, “User Communications”). PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY; AND THAT BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT:

You are granting DTactics, its designees, licensees and business partners, as well as members of the general public using the Site consent and permission to use your User Communications, including without limitation worldwide, royalty-free non-exclusive, perpetual license rights with right of sublicense to disclose, reproduce, display (publicly or otherwise), perform, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications;
DTactics shall be free to use any ideas, concepts, know-how or techniques contained in the User Communications for any purpose without obligation of compensation or attribution; and
You warrant and represent that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.
DTactics shall have no obligation to monitor the User Communications to the Services. Nor shall DTactics have an obligation to remove any User Communications that you have opted to input and share with the DTactics Outdoors community absent its receipt of your written request to do so. However, DTactics reserves the right to review materials posted to the Services and to remove any materials in its sole discretion.

DTactics reserves the right at all times to disclose any information as DTactics deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in DTactics’s sole discretion. Personally identifiable information that you may submit for the purpose of receiving products or services will be handled in accordance with DTactics’s onlinePrivacy Statement.

DTactics does not control or endorse the content, messages or information found in any User Communications and, therefore, DTactics specifically disclaims any liability with regard to them and any actions resulting from your participation in any Services.

Please note: You may submit a request for removal of your shared User Communications from the applicable user chat room, blog or other forum to the email address designated for such purpose, or to webmaster@DTactics.com; provided, however, that such removal will not affect any licenses granted in connection with your User Communications prior to the time of their removal.

No Misuse of the Site

As a condition of your use of the Site you agree that you will not use the Site or Materials for any purpose that is unlawful or prohibited by the Terms of Use. You will be responsible for any costs incurred by DTactics or any other party (including attorneys fees) as a result of your misuse of the Site. Misuse use includes, but is not limited to,

Using the Site to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials; or to defame, harass, stalk, threaten or otherwise violate the legal rights of others.
Using the Site in such a manner so as to interfere unreasonably with its use by others; or attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
Subscription fraud or unauthorized access;
Uploading, or otherwise making available, files that contain text, images, photographs, software or other materials owned by others that are protected by intellectual property laws (e.g., copyright, trademark, rights of privacy or publicity) and for which you have not received all necessary and legal consents for their use.
Using any information, images or other Materials available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
Advertising, offering to sell or buy goods, or using the Site for business promotional purposes;
Violating any code of conduct associated with the Site, or any applicable laws or regulations;
Taking any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others.
Indemnification

UPON A REQUEST BY DTACTICS, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DTACTICS AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, CO-BRANDERS OR OTHER BUSINESS PARTNERS, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE. DTACTICS RESERVES THE RIGHT, AT IT OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH DTACTICS IN ASSERTING ANY AVAILABLE DEFENSES.

Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site

DTactics reserves the right to remove Materials or discontinue services available on this Site with or without notice. DTactics further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.

Links to Third Party Sites

This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk. DTactics does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. DTactics provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

Linking to the DTactics Web Site

You may create links to this Site from other sites, but only in accordance with the following guidelines and in compliance with applicable law. A site that links to DTactics’s website:

May link to but not replicate the DTactics content (i.e., Materials)
May refer to our company name or product names in a plain text font and format in accordance with our general trademark usage guidelines, using appropriate wording such as “This way to DTactics Navigation Limited” or “Click here for more information on DTactics products”.
Should not create a browser or border environment around DTactics content
Should not imply that DTactics is endorsing it or its products
Should not misrepresent its relationship with DTactics
Should not present false information about DTactics products or services
Should not use the DTactics logo or other trademarks without permission from DTactics
Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
By placing a link on your web site to the Site you agree to promptly remove such link at DTactics’s request. For information on DTactics authorized logo and trademark use programs, you may contact webmaster@DTactics.com.

General Provisions

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and DTactics with respect to your use of this Site and supersedes all prior or contemporaneous communication s and proposals (whether oral, written, or electronic) between you and DTactics with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by DTactics. The failure of DTactics to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and 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 this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Digital Millennium Copyright Act

Notice and Procedure for Making Claims of Copyright Infringement

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
DTactics’s DMCA administrator for notice of claims of copyright infringement on the Site can be reached as follows:

DMCA Administrator
Legal Department
DTactics Navigation Limited
Sunnyvale, CA 94085