USE OF SITE
This Site is provided solely for you to use the products and services of DiDoMedia, LLC (“DiDoMedia”), to provide you with information about our company, and to enable you to contact us with any questions or comments that you may have. Any other use of this Site is prohibited. By way of example, you may not use any features of this Site that permit communications or postings to post, transmit, display, or otherwise communicate:
- any defamatory, threatening, obscene, harassing, malicious, or otherwise unlawful information;
- any violence towards another person with intent to harm or injure;
iii. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iv. any encouragement, planning or engaging of illegal activity;
- unauthorized use or disclosure of private, personally identifiable information or of others, or photographs of others without their consent with intent to harm;
- by exporting, re-exporting or permitting the downloading of, any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so;
- by interfering, disrupting or attempting to gain, unauthorized access to other accounts on this Site or any other computer network;
- submitting false information or impersonating someone other than yourself;
- disclosure of any confidential information owned by another; or
- engaging in any other activity deemed by DiDoMedia to be in conflict with the spirit or intent of this website.
In addition, you may not attempt to gain unauthorized access to DiDoMedia’s database and computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services or Materials provided through the Site.
SITE CONTENTS AND OWNERSHIP
The information contained on this Site, including all images, designs, photographs, writings, graphs, data, information and other materials (“Materials”) are the property of DiDoMedia, its content providers, or other parties, and may be protected by copyrights, trademarks, trade secrets, technologies, products, processes, or other proprietary rights. You must retain all copyright and other proprietary notices on all copies of the Materials. You must comply with all copyright laws worldwide in your use of this Site and prevent unauthorized use and/or copying of the Materials. No license to or right in any such copyrights, trademarks, trade secrets, technologies, products, processes, or other proprietary rights of DDoMedia or other parties is granted to or conferred upon you. DiDoMedia does not claim ownership of copyrights or trademarks owned by third parties.
You have a right to use and view the Materials on this Site subject to this Agreement. You may not sell or modify materials on this Site, or reproduce, display publicly or otherwise use any of the Materials on this Site in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any of the Materials, in whole or in part, for any other purpose is expressly prohibited without prior written consent from DiDoMedia. You may not provide copyrighted or other proprietary information to DiDoMedia without prior permission from the owner of such material and/or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement. You will not use any device, software, robot or other device or manual process to monitor or copy our web pages or the content contained therein, without the prior express consent from an authorized DiDoMedia representative (but such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Site).
In order to access certain services, you may be asked to register and create an account. As part of the registration process, you must agree to abide by the terms of this Agreement. Only users who are 18 years of age or older will be permitted to create an account or connect with us via social media. You may be required to provide DiDoMedia with certain information about yourself including some types of personally identifying information such as your email and your location. You are fully responsible for your account, including use of the account by any third party, and you are responsible for maintaining the confidentiality of your password. DiDoMedia retains the right to restrict, suspend or terminate your account or refuse you access to the Services and any of the Site resources. You may terminate your account at any time by contacting us at firstname.lastname@example.org.
USER GENERATED CONTENT
To the extent that use of the services and/or the Site provides you or other users an opportunity to pose and exchange information, content, ideas, and opinions (“User Content”), be aware that DiDoMedia does not screen, edit, or review User Content prior to its appearance on the Site, and User Content does not necessarily reflect the views of DiDoMedia. By sending or posting User Content, you represent that you have the full legal right to provide the User Content and that the use of the User Content by the Site and all other persons or entities is not prohibited under this Agreement.
Upon submission of User Content or other information to this Site, you grant DiDoMedia a worldwide, perpetual, non-terminable, irrevocable, transferable license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, sublicense, and to permit others to access, use distribute, perform, reproduce, display, modify and create derivative works based upon the User Content.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Site is at your sole risk. Neither DiDoMedia, its affiliates, nor any of their officers, managers, directors, employees, agents, or licensors/content providers or the like (collectively, “Providers”) warrant that this Site will be uninterrupted or error-free; free of infection by software viruses or other harmful computer code, files or programs; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, DiDoMedia does not warrant reliability of any statement or other information displayed or distributed through this Site. DiDoMedia reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. DiDoMedia may make any other changes to this Site, the Materials and the products, programs, services, or prices (if any) described in this Site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. DIDOMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, (A) AS TO THE OPERATION OF THIS SITE, (B) AS TO THE CONTENT, INFORMATION, OR MATERIALS ON THIS SITE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE, OR (D) THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, OR ERROR FREE OR FREE OF OMISSIONS, INACCURACIES, TYPOGRAPHICAL ERRORS, OR OUTDATED INFORMATION OR FREE FROM INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL OR MALICIOUS COMPUTER CODE, FILES, PROGRAMS OR DEFECTS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DIDOMEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES PROVIDED, OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT DIDOMEDIA AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL MOTOR CITY SPORTS JOURNAL OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER QUICK HATCH OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless DiDoMedia and its Providers from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use, misuse or inability to use of this Site, the products or services to be provided pursuant to this Site, the Materials contained on this Site, any content or information contained on this Site provided by third party Linked Sites, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises or is forever barred.
TERM AND TERMINATION
Without limiting its other remedies, DiDoMedia may immediately discontinue, suspend, terminate, or block your and any user’s access to this Site at any time in our sole discretion.
As a convenience to you, we may provide on this Site links to Web sites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by DiDoMedia. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by DiDoMedia. DiDoMedia does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. DiDoMedia is not responsible for the privacy policies of the Linked Sites or the cookies those Linked Sites use.
Links do not imply that DiDoMedia or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of DiDoMedia or any of its affiliates or subsidiaries. Except for links to information authored by DiDoMedia, DiDoMedia is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. DiDoMedia reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Site concerning any information, goods, and/or services appearing thereon.
INTERNET SECURITY AND AVAILABILITY OF SITE
DiDoMedia uses reasonable efforts to ensure that this Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. DiDoMedia will use commercially reasonably efforts to minimize such disruption where it is within our reasonable control. You agree that DiDoMedia shall not be liable for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content or Materials may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devises. Please be advised that DiDoMedia does not guarantee that any information sent from our Site will be secure during transmission, nor can DiDoMedia guarantee the confidentiality of any communication or material transmitted to DiDoMedia via the Site or the Internet.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. DiDoMedia makes no representation that the Materials are appropriate or available for use outside the United States. If you access this Site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Oakland County, Michigan for any disputes with DiDoMedia arising out of your use of this Site.
ENTIRE AGREEMENT AND NON WAIVER
This Agreement (as defined at the beginning of this document) constitutes the entire agreement between DiDoMedia and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DiDoMedia with respect to this Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of DiDoMedia to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under them shall not be construed as a waiver or relinquishment of DiDoMedia right to assert or rely upon any such provision or right in that or another instance.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and from time to time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. DiDoMedia does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from DiDoMedia solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.