- CHILDCARE & SCHOOLS
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TERMS & CONDITIONS
June 13, 2013
Please read the following general website Terms and Conditions ("T&Cs" or “Agreement”) carefully before accessing thewww.dimplee.com website (the “Site”), registering an account with the Site ("Account"), advertising on the Site or using the various Services we provide, as defined below, so that you are aware of your legal rights and obligations with respect to the Site or Dimplee LLC. and any of its affiliates, parents and subsidiaries (individually and collectively, "we," "us," “our” or "DIMPLEE").
o DIMPLEE IS NOT AN AGENT OR REPRESENTATIVE OF ANY BUSINESS OR ADVERTISER LISTED ON THE SITE. THE INFORMATION PROVIDED AS PART OF THE SITE IS GATHERED FROM PUBLICLY AVAILABLE DIRECTORIES, THIRD PART SITES, DIRECTLY FROM THE BUSINESS LISTED OR ADVERTISER OR OTHER USERS.
o DIMPLEE DOES NOT RECOMMEND, ENDORSE OR VERIFY ANY BUSINESS OR ADVERTISER LISTED ON THE SITE. DIMPLEE DOES NOT OFFER ANY ADVICE REGARDING THE QUALITY OR SUITABILITY OF ANY PARTICULARPROGRAM OR EVENT LISTED ON THE SITE.
1. Description of the Site: The Site provides visitors, members, listed businesses, advertisers and other users (“Users”) with an online search and discovery directory for children’s classes, camps, activities and events. All activities and capabilities offered by or through the Site shall individually and collectively be referred to as “Services”. Users of the Site may, where and if available, submit any photograph(s), video(s), image(s), text, reviews, information or other content to the Site (“Submission(s)”).
We reserve the right to add, change, modify, suspend or discontinue any portion of the Site or the Services offered at any time. We may also impose limits on certain Services or features or restrict your access to the Site in our sole and absolute discretion and without notice or liability to anyone.
3. Registration: In order to have access to certain features of the Site, Users may be required to create an Account. You may never use someone else’s Account. When creating an Account on the Site, you will be asked to provide only a user name and password. Once your Account has been registered you may be prompted to voluntarily provide certain information about yourself ("Registration Data"). You agree to provide accurate, current and complete Registration Data as prompted by our registration form. Registration Data may include your name, birth date, address and e-mail address. You also represent that we may rely on your Registration Data as accurate, current and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive or incomplete Registration Data.
4. Username and Password: As part of the registration process, Users will be asked to select a username and password. We may refuse to grant to you any username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the right, at our sole discretion, to deem any username invalid at any time both during and after registration.
a. Users are solely responsible for maintaining the confidentiality of their usernames, passwords and any and all communications and other activities that are conducted through their Accounts. Users agree not to transfer, sell or resell their usernames and passwords, or otherwise provide access to the Site, through the use of their usernames and passwords, to any third party.
b. If you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information and immediately notify us by e-mail at firstname.lastname@example.org.
5. License Granted to Users: As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and Services in accordance with these T&Cs. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these T&Cs.
6. Term/Termination: We may decide at any time in our sole and absolute discretion whether to remove and/or terminate a User’s access to the Site or our Services, for any reason, including but not limited to violations of these T&Cs. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification as provided herein shall survive any termination or the cancellation of Account. Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these T&Cs for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.
7. Use of Content on Site: Information provided on the Site is gathered from public directories, third party websites, directly by businesses and advertisers listed on the Site or by other Users. Any information listed, uploaded, posted or made available by Users are those of the respective Users and not of Dimplee, and should not necessarily be relied upon. Such Users are solely responsible for the accuracy, completeness or usefulness of such content. Dimplee does not guarantee the accuracy, completeness or usefulness of any information made available by Users on the Site and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. The Users understand and agree that Dimplee will not be responsible for, and Users hereby agree to hold Dimplee harmless from, any and all loss or damage resulting from anyone's reliance on information or other content posted on the Site by Users on the Site. You may access such information solely as intended through the normal functionality of the Site.
a. Proprietary Rights to Site Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to us subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site and Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Services or other materials viewed at, on or through the Site and Services. The posting of information or material at or on the Site by us or other Users does not constitute a waiver of any right in such information and materials.
8. Users’ Submissions and Comments. This section governs the Submission of any photograph, audio, music, video, image, text, review, comment or other content to the Site. As Users (including visitors, members, listed businesses, events or advertisers) of the Site you may make Submissions. Dimplee does not condone or tolerate the Submission of illegal or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and are fully subject, to these content terms ("Content Terms"). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that:
b) The Submissions do not contain obscene material, as defined under Federal Law, including, without limitation, violence, other illegal activities or contraband;
c) You have full rights to use and dispose of any rights associated with the Submissions;
d) No other party has any rights, including intellectual property rights, to the Submissions;
f) Dimplee may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever;
g) The Site may now or in the future provide Advertisers on the Site with the ability to screen Submissions of reviews regarding their businesses or events and reject any such Submissions for any reason, or no reason, whatsoever; and
h) You are subject to any other guidelines and/or rules and regulations that may appear at the Site.
a) post, or attempt to post, any text, audio, music, photograph, video or other content containing offensive or confidential information;
b) impersonate any person or entity;
c) "stalk" or otherwise harass any person via the Site;
d) transmit any chain letters, spam or junk e-mail to other Users;
e) express or imply, without our specific, prior, written consent that any statements you make are endorsed by Dimplee;
f) harvest or collect personal information about other Users, whether or not for commercial purposes, without their express consent;
g) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
h) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary informationwithout obtaining the prior consent of Dimplee or the owner of such proprietary rights;
i) access Submissions or the Site through any technology or means other than through the means provided on the Site or other explicitly authorized means Dimplee may designate;
j) remove any copyright, trademark or other proprietary rights notices contained on the Site;
k) interfere with or disrupt the Site, servers or networks connected to the Site;
l) post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) "frame" or "mirror" any part of the Site, without our specific, prior written authorization; or
n) use metatags, code or other devices containing any reference to Dimplee or the Site in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these T&Cs and may result in the immediate termination of your Account pursuant to these T&Cs. Dimplee reserves the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct.
10. Digital Millennium Copyright Act
a) If you are a copyright owner or an agent thereof and believe that any Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
· 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 us to locate the material;
· Information reasonably sufficient to permit us to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
· A statement that the you, complaining party, has 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
· 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.
DIMPLEE’s designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Agent c/o
P.O. Box 1672
Summit, NJ 07901
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
b) Counter-Notice. If you believe that your Submissions that were removed (or to which access has been disabled) were not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the Copyright Agent:
· Your physical or electronic signature;
· Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
· A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
· Your name, address, telephone number, and e-mail address;
· a statement that you consent to the jurisdiction of the federal court in Union County, New Jersey; and
· a statement that you will accept service of process from the person who provided notification of the alleged infringement.
11. Indemnification: You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and lawsuits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site or the Services, or (ii) arising from your breach of these T&Cs or any policies, rules or guidelines referenced herein.
12. Warranties: You expressly agree that access and use of the Site and Services is at your sole risk. The Site and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and Services may contain bugs, errors, problems or other limitations.
a) Dimplee is not an agent or representative of any business or advertiser listed on the Site. The information provided as part of the Site is gathered from publicly available directories, third part sites, directly from the business listed or advertiser or other Users. Dimplee does not recommend, endorse or verify any business or advertiser listed on the Site. Dimplee does not offer any advice regarding the quality or suitability of any particular program or event listed on the Site.
b) Dimplee and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site or Services to the fullest extent permitted by applicable law. Dimplee and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
c) The negation of damages set forth above is a fundamental element of the basis of the bargain between Dimplee and you. The Site and Services would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation or guarantee not expressly stated in this Agreement. Dimplee is not responsible to you or any third party, without limitation, for: a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of User communications; b) the conduct of any User, whether online or offline; c) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or d) any infringement of another's rights, including intellectual property rights.
d) You agree that Dimplee is not the publisher of Submissions found on the Site and, as such, shall not be liable for damages arising there from including, without limitation, any and all criminal or civil liability.
e) Dimplee shall not be liable to you for any Services, goods or information available from third parties, even if obtained at or through the Site or Services. If you are dissatisfied with the Site or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your Account and to discontinue use of the Site and Services.
13.Third-party Websites: The Site may contain links, banner advertisements, pop-ups or other online methods to redirect you to other third party websites not owned or controlled by Dimplee. Dimplee has no control over and assumes no responsibility or liability for the content, privacy policies or practices of any third party site. By using the Site, you expressly relieve Dimplee from any and all liability arising from your use of any third party website. Furthermore, Dimplee does not endorse and is not responsible or liable for any content, advertising, services, products or other materials at or available through such third party websites or resources, or for any damages or losses arising there from. Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any third party website you access through the Site.
14. Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement. You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
15. Dispute Resolution: If a dispute arises between you and Dimplee, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Dimplee agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a "Claim") in accordance with the subsections below or as we and you otherwise agree in writing. We strongly encourage you to first contact us directly to seek a resolution by sending an e-mail to email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law and Forum- This Agreement shall be treated as though it were executed and performed in Union County, New Jersey and shall be governed in all respects by the laws of the State of New Jersey without regard to conflict of law provisions. You agree that any Claim or dispute you may have against Dimplee must be resolved by a court located in Union County, New Jersey, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Union County, New Jersey for the purpose of litigating all such Claims or disputes.
16. Contact Us:
P.O. Box 1672
Summit, NJ 07901