This
Website is provided by DMARK Corporation., and its affiliates and subsidiar
ies
(collectively, “DMARK” and “we”). Your use of this
Website is subject to these Terms and Conditions of Website Use (the
“User Agreement”). Please read this User Agreement and the other
information referred or linked to in this User Agreement carefully and be s
ure
you understand it, since it is a legally binding agreement that contains
important information about our Website and your permitted use of it. From
time
to time we may unilaterally modify this User Agreement, so it is important
that
you review this User Agreement every time you use this Website.
PLEASE NOTE: YOUR USE OF THIS WEBSI
TE
CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS
OF
THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER
AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE
DMARK grants you a limited, non-exclusive, revocable license for you to use
this Website for your personal entertainment, information, education, and
communication, upon all of the terms of this User Agreement. This Website
contains materials and other items relating to DMARK and its products and
services, and similar items from our business partners, licensors, and
licensees, and other third parties (collectively, the “Content”
).
The Content may be in the form of information, text, data, images, graphics,
button icons, registered and unregistered trademarks, illustrations,
photographs, audio clips, music, sounds, pictures, videos, software, or oth
er
forms and formats now known or later invented. In using this Website, you m
ust
respect the intellectual property rights of DMARK and others, all as outlin
ed
below. Your unauthorized use of Content may violate copyright, trademark,
privacy, publicity, communications, and other laws, and any such use may re
sult
in your personal liability, including potential criminal liability.
All Content is copyrighted, and it is either owned or used with permission
by
DMARK. DMARK disclaims any representation or warranty that your unauthorized
use of Content will not infringe upon rights of third parties not owned by
or
affiliated with DMARK.
Except as set forth in this User Agreement or in the text of this Website,
you
may not reproduce, distribute, publish, transmit, modify, adapt, translate,
display, distribute, sell, license, publicly perform, prepare derivative wo
rks
based upon, or otherwise use or exploit the Content. You may download one c
opy
of portions of the Content in temporary storage on one personal computer for
your personal, non-commercial, non-political, non-networked viewing and use
only, provided you do not delete or change any copyright, trademark, or oth
er
proprietary notices. The foregoing limited right does not give you any
ownership of any Content. Except as expressly provided above, nothing conta
ined
in this User Agreement may be construed as conferring to you (by implicatio
n,
estoppel, or otherwise) any license or right to any Content under any copyr
ight
or any other intellectual property right.
DMARK respects the intellectual property rights of others. If you believe t
hat
your work has been infringed by means of an improper posting or distributio
n of
it via this Website, then please see the paragraph below entitled Procedure
for
Alleging Copyright Infringement.
The trademarks, logos, and service marks displayed on this Website are owne
d by
DMARK and third parties, and this Website’s trade dress is owned by D
MARK
(collectively, the “Trademarks”, which also constitute Content).
All Trademarks not owned by DMARK are the property of their respective owne
rs,
and are used with permission. Nothing contained on this Website may be
construed as granting, by implication, estoppel, or otherwise, any right or
license to use any Trademark.
DMARK likes to hear from you. However, in your communications with DMARK,
please keep in mind that, unless it specifically requests them, DMARK does
not
accept or consider any ideas or suggestions relating to products, services,
marketing plans, or any other matters. Therefore, please do not send to DMA
RK
any unsolicited materials, such as ideas for toys, games, or other products
, or
any other suggestions, ideas, notes, drawings, inventions, techniques, mode
ls,
designs, concepts, or other similar information or materials.
Any
such submissions and any questions, comments, answers, suggestions, or the
like
submitted by you to DMARK via this Website or by fax, mail, or otherwise, or
transmitted, posted, or uploaded by you to this Website (collectively,
“Your Submissions”) will be treated as non-confidential and
nonproprietary, and DMARK will not assume any responsibility, obligation, or
liability for them or for DMARK’s receipt or non-receipt of them.
DMARK’s receipt of Your Submissions is not an admission by DMARK of t
heir
novelty, priority, or originality, and it does not impair DMARK’s rig
ht
to contest existing or future intellectual property rights relating to Your
Submissions.
You
grant DMARK a non-exclusive, royalty-free, perpetual, irrevocable, and
sublicensable right and license to reproduce, distribute, publish, transmit,
modify, adapt, translate, display, distribute, sell, license, publicly perf
orm,
prepare derivative works based upon, and otherwise use or exploit Your
Submissions throughout the world in any and all media. You represent and wa
rrant
that: (a) you have the right and authorization to make the foregoing grant
without the consent of any third party, and (b) Your Submissions are accura
te
and, as permitted to be used by DMARK in this User Agreement, do not and wi
ll
not infringe any right of any third party.
When
you send e-mail to us, you are communicating with us electronically and you
consent to receive communications from us electronically. Furthermore, you
agree that all agreements, notices, disclosures, and other communications t
hat
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
This Website and other DMARK websites may offer online capabilities to purc
hase
products (such as toys) and services (such as memberships). You must be 18
years of age or older to make any such purchases. Check our online stores f
or
more information on delivery, returns, and other sales policies. As to prod
ucts
and services featured on this Website, please note that we make every effor
t to
display as accurately as possible the products and services that appear on
this
Website. However, the colors, dimensions, and details that you see on your
computer monitor will vary depending on your equipment, so we cannot guaran
tee
that your equipment will accurately display the details of our products and
services. As to services featured on this Website, the terms of those servi
ce
offerings may be specified in a separate agreement that will be provided to
you
in connection with the service purchased and will be supplemented by this U
ser
Agreement.
A.
No Purchases by Minors
By ordering a product or service online from DMARK, you represent that you
are
18 years of age or older. If a child under the age of 18 orders a product or
service from DMARK without parental or guardian permission, then the parent
or
guardian may return the product or service for a refund according to the po
sted
returns and exchanges policy that relate to that order.
B.
Taxes
You are responsible for paying all sales, use, and other similar taxes rela
ting
to any of your online purchases of products or services from DMARK.
o:p>
C.
Postage and Handling; Insurance (if required)
You are also responsible for paying all postage and handling charges relati
ng
to your online purchases (including any product offered with a service), an
d for
insuring your purchases unless otherwise specified.
D.
Returns and Warranties
Please review the information available at our online stores regarding our
return
policies and warranty information.
The satisfaction of all warranty claims is ultimately the responsibi
lity
of the manufacturers we represent.
You
agree that you will not: (a) use this Website for any commercial or politic
al
purpose (including, without limitation, for purposes of advertising, solici
ting
funds, collecting product prices, or selling products); (b) monitor, gather
, or
copy Content on this Website by using any robot, “bot”, spider,
crawler, spyware, engine, device, software, extraction tool, or any other
automatic device, utility, or manual process of any kind; (c) frame or util
ize
framing techniques to enclose any Trademark or other proprietary information
(including, without limitation, any images, text, or page layout); (d) use
any
meta tags or any other “hidden text” utilizing any Trademarks;
(e)
engage in any activities through or in connection with this Website that se
ek
to attempt to harm minors or are unlawful, offensive, obscene, threatening,
harassing, or abusive, or that violate any right of any third party; or (f)
engage in any activity that interferes with a user’s access to this
Website or the proper operation of this Website. You also agree that, in us
ing
this Website, you will not impersonate any person or entity.
DMARK
may elect to offer community features on this Website, such as message or
bulletin boards, forums, and chat rooms. In such events, DMARK will not ass
ume
any obligation to monitor, filter, censor, edit, or regulate information or
content provided by you or third parties on this Website, although DMARK
reserves the right to do so in its sole discretion. DMARK does not endorse,
warrant the accuracy or reliability of, or assume any liability in connecti
on
with any such information or content provided by users or other third parti
es.
As
to any information or content that you upload or post to this Website, you
represent and warrant to DMARK that you have the right and authorization to
do
so without the consent of any third party. You also agree not to upload or
post
to this Website: (a) infringing, defamatory, obscene, pornographic,
threatening, abusive, violent, illegal, rude, harassing, or otherwise impro
per
content, (b) viruses or other harmful items, or (c) content with a commerci
al
purpose (such as offers to sell products or services or attempts to solicit
funds or advertise products or services).
DMARK
reserves the right, in its sole discretion, to adopt additional rules in any
community area and to condition access to any such community features by any
individual or group in accordance with age, geographic, or other criteria,
to
deny or restrict access by any individual or group who fails to meet that
criteria or by anyone who fails to comply with our criteria or rules at any
time, and to change or modify the criteria or rules at any time. DMARK also
reserves the right (but does not assume any obligation), in its sole
discretion, to delete any postings on this Website that violate this User
Agreement and to deny access by any user to this Website.
DMARK
reserves the right, without any limitation whatsoever, to: (a) investigate
any
suspected breaches of its Website security or its information technology or
other systems or networks, (b) investigate any suspected breaches of this U
ser
Agreement, (c) involve and cooperate with law enforcement authorities in
investigating any such matters, (d) prosecute violators of this User Agreem
ent
to the full extent of the law, and (e) discontinue this Website or terminate
your access to it at any time, without notice, for any reason and without a
ny
obligation to you whatsoever.
DMARK must collect certain information in order to operate this Website and
to
fulfill your requests or enable participation in certain online activities.
But
DMARK respects the privacy of its visitors, and is especially mindful of
protecting the privacy of young children visiting our sites. Please click h
ere
to review our Privacy Policy.
We
have adopted reasonable security measures to protect against the loss, misu
se,
and alteration of the personal information under our control. Vendors, serv
ice
providers, and others who help us make this Website and our products and
services available must sign confidentiality agreements; they are not permi
tted
to use personal information except in connection with their services to DMA
RK.
Nevertheless, we cannot guarantee complete security of personal information
.
This
Website may include technical inaccuracies or other errors, and your use an
d browsing
of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU “AS
IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EIT
HER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DM
ARK
DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A
PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE
MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLA
CE
ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN DMARK WILL NOT
BE
LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING
SENTENCES, DMARK WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTI
AL,
INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE
DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART
OF
OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so some of
the
above exclusions may not apply to you.
Residents
of California
are entitled to the following specific consumer rights information: you may
contact the Complaint Assistance Unit of the Division of Consumer Services
of
the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacr
amento,
California, 95814,
or by telephone at 916.445.1254. California residents expressly agree to wa
ive
California Civil Code Sec. 1542, which states: “A general release does
not extend the claims which the creditor does not know or suspect to exist
in
his favor at the time of executing the release, which if known by him must
have
materially affected his settlement with the debtor.”
You are granted a limited, non-exclusive, revocable right to create hyperli
nks
to
this Website, so long as: (a) the links are only to the home page of this
Website, (b) the links only incorporate text, and do not use any Trademark
graphics, (c) the links and related content on your site do not suggest any
affiliation with DMARK or cause confusion among consumers, (d) the links and
related content on your site do not portray DMARK or its products or servic
es
in a false, misleading, derogatory, or otherwise offensive matter, and (e)
the
links and related content on your site are not operated for any commercial
purposes.
This Website may contain links to or from third-party sites (“Linked
Sites”), including, without limitation, sites operated by advertisers,
licensors, licensees, and promotional and business partners of DMARK. DMARK=
has
no control over the content of Linked Sites, and DMARK does not assume any
obligation to review any Linked Sites. DMARK does not endorse, approve, or
sponsor any Linked Sites, or any content, advertising, information, materia
ls,
products, services, or other items on or available on or from them, and DMA
RK
disclaims all liability in connection therewith. Any activities you engage
in
connection with a Linked Site is subject to the privacy policy, conditions
of
use, and other terms imposed by the operator of the Linked Site and DMARK
disclaims all liability in connection therewith.
We reserve the right to post banners, advertisements, promotions, and simil
ar
content throughout this Website. Any interactions, correspondence, and busi
ness
dealings that you have with any advertisers and other third parties found o
n or
through this Website (including via Linked Sites) are solely between you and
the third party (including, without limitation, issues related to the conte
nt
of third party advertisements, payments, delivery of goods, warranties, and
the
like). DMARK disclaims all liability in connection with therewith.
DMARK will respond appropriately to notices of alleged copyright infringeme
nt
that comply with the U.S. Digital Millennium Copyright Act (“DMCAR
21;),
as set forth below. If you own copyrights in a work and believe that your
intellectual property rights in that work have been infringed by an improper
posting or distribution of it via this Website, then send us a written noti
ce
that includes all of the following:
(i)
a legend or subject line that says: “DMCA Copyright Infringement
Notice”;
(ii)
a description of the copyrighted work that you claim has been infringed;
(iii)
the URL of the site and a description of where the material that you claim
is infringing
is located on that site;
(iv)
your address, telephone number, and e-mail address;
(v)
a statement by you that you have a good faith belief that the alleged
infringing material is not authorized by the copyright owner, its agent, or
the
law;
(vi)
a statement by you, made under penalty of perjury, that all the information
in
your notice is accurate, and that you are the copyright owner (or, if you a
re
not the copyright owner, then your statement must indicate that you are
authorized to act on the behalf of the owner of an exclusive right that is
allegedly infringed); and,
(vii)
your electronic or physical signature.
DMARK
will only receive DMCA notices by mail, e-mail, or facsimile at the address
es
below:
By
Mail: DMARK Corporation
11095-A Knott Ave.
Cypress, CA 90630
By
E-Mail: sales@dmarkcorp.com
By
Facsimile: 714-897-9040
DMARK
may elect to not respond to DMCA notices that do not comply with all of the
foregoing requirements, and DMARK may elect to remove allegedly infringing
material that comes to its attention via notices that do not comply with the
DMCA. If you have additional questions you may telephone DMARK at 714-897-9
010
A. Indemnity
You agree to indemnify, defend, and hold harmless DMARK (which includes
DMARK’s affiliates and subsidiaries) and its officers, employees, age
nts,
business partners, licensors, and licensees from any damages, liabilities,
costs, and expenses (including reasonable attorneys’ fees) on account
of
any claim, suit, action, demand, or proceeding made or brought against any
such
party, or on account of the investigation, defense, or settlement thereof,
arising in connection with your use of this Website.
B.
Revisions to this Website and this User Agreement
DMARK may, in its sole discretion, make changes to any aspect of this Websi
te,
including, without limitation, any Content, any activities available on this
Website, and any products or services offered through this Website. DMARK m
ay
also, in its sole discretion, revise this User Agreement by updating or
revising this document, with the revised terms taking effect as of the date
of
its posting. Continued use of this Website following the effective date of
any
such changes constitutes your acceptance of those changes.
C.
Operation of Website; Availability of Products and Services
DMARK controls and operates this Website from its headquarters in Cypress, California in
the United States of America,
and DMARK makes no representation that this Website is appropriate or avail
able
for use beyond the U
nited
States of America. If you use this Websi
te
from other locations, you are responsible for compliance with applicable lo
cal
laws. Although DMARK products and services are available in many parts of t
he
world, this Website may describe products and services that are available o
nly
in the United States
of
America (or only parts of it) and are not
available worldwide.
D.
Jurisdiction, Venue, and Alternative Dispute Resolution
Any controversy or claim relating to this Website, the Content, or this User
Agreement not otherwise resolved between you and DMARK will be settled sole
ly
by binding arbitration in accordance with the Commercial Arbitration Rules
of
the American Arbitration Association (“AAA”), administered in
accordance with the AAA’s Supplementary Procedures for Consumer-Relat
ed
Disputes. Any such controversy or claim will be arbitrated on an individual
basis, and will not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration will be conducted in Los Angeles, California,
and judgment on the arbitration award may be entered into any court having
jurisdiction of it. Any claim or cause of action that you may have with res
pect
to this Website, the Content, or this User Agreement must be commenced with
in
one year after the claim or cause of action arises or it will be forever
barred. Any action or proceeding by DMARK relating to your access to, or use
of, this Website or any Content in accordance with this paragraph will be
instituted in state or federal court in Los
Angeles County, California<
/st1:place>.
Accordingly, you consent to the personal jurisdiction of the courts in Los Angeles County, California
with respect to all matters relating to your access to or use of this Websi
te
and the Content and waive your rights to removal or consent to removal. This
User Agreement will be governed by and construed in accordance with the law
s of
the State of California,
without regard to its conflicts of law provisions. The foregoing provisions
of
this paragraph will not apply to any legal action taken by DMARK to recover
damages for, or seek an injunction in connection with, any loss, cost, or
damage (or any potential loss, cost, or damage) relating to this Website, a
ny
Content, DMARK’s operations, and/or DMARK’s products or services
caused by your act or failure to act.
E.
Severability
If any provision of this User Agreement is deemed unlawful, void, or
unenforceable for any reason, then that provision will be deemed severable
from
the remainder of this User Agreement and will not affect the validity or
enforceability of the remainder of this User Agreement.
See DMARK Corporation Privacy Policy