AskDg.com Terms of Service
Last updated: January 18, 2004
Table Of Contents:
- Introduction
- Copyright Complaints
- Membership and Registration
- Cancellation of Service and Membership
- User-Provided Content
- Transactions and E-commerce on our Web site
- Other Specifics about our Forums
- Posting Rules
- General Disclaimer and Limitation of Liability
- Indemnity
- International Users
- Miscellaneous
- Contact Us
Introduction:
We have developed these Terms of Service to govern your use of AskDg.com. Your use of our Web site tells us that you have read and have agreed to these Terms of Service and to our Privacy Statement. Please read both of these documents carefully. If you do not agree with any of these terms, please exit AskDg.com. AskDg.com reserves the right to terminate
membership and to deny access to the Web site to any person who violates these Terms of Service.
Your use of AskDg.com represents that you have read, understand, and agree to all legal disclaimers. All users agree that they will not post any material that is defamatory, infringing, obscene or otherwise unlawful. If you post material, you represent and warrant that the material you post is not defamatory, infringing, obscene or otherwise unlawful and that you have rights to post any material you supply. AskDg.com may, in appropriate circumstances and in its sole discretion, terminate the accounts of users that infringe or otherwise violate such rights of others. AskDg.com reserves the right to remove any postings for any or no reason.
Copyright Complaints:
AskDg.com respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright
infringement or are aware of any infringing material on AskDg.com, please contact us at the address listed below under the heading "Contact Us" or by solutions provided within our forums.
Membership and Registration:
If you become a member of AskDg.com, you accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your membership or any membership rights. We reserve the right to terminate your membership if individuals from more than one household accesses AskDg.com using any single username or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access AskDg.com using your name in whole or in part without your permission. If you believe someone has accessed AskDg.com using your username and password without your authorization, please E-mail us immediately at the address listed below.
Cancellation of Service and Membership:
AskDg.com reserves the right to cancel membership in its forums or subscription to its newsletters for any violation of this Terms Of Service. You may cancel your membership or subscription to any service we provide by going to our cancellation page (to be linked).
User-Provided Content:
Except where excluded by our Privacy Statement, by providing information to, communicating with, and/or placing material on AskDg.com, including for example communication on any AskDg.com forum, posting any content, you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (3) the content will not cause injury to any person or entity.
For all such information and material, you grant AskDg.com, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future, to include the information in a searchable format accessible by users of AskDg.com, and to use your username and any other information in connection with its use of the material you provide. You also grant AskDg.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you post for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph
are granted without the need for additional compensation of any sort to you.
Please note, AskDg.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to AskDg.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against AskDg.com and its parent company and owners regarding the use of such materials and ideas, even if the material or the idea is used that is substantially similar to the idea you sent.
Transactions and E-commerce on our Web site:
During your visit to our Web site you may elect to engage in a transaction involving the purchase of a product such as a newspaper subscription or tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often
handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. AskDg.com cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
On occasion, a product or service may not be available or at the price as it appears in an advertisement. In such an event, or in the event a product is listed at an incorrect price or with incorrect information due to a typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our suppliers, you agree AskDg.com is not responsible for such errors or discrepancies.
Other Specifics about our Forums:
AskDg.com forums and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of AskDg.com and the volume of messages and postings, AskDg.com cannot and does not monitor all of the material posted or transmitted by its users. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings or the personal messaging (PM) system, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. AskDg.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
Posting Rules:
Interactive areas and forums are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things – and we encourage freedom of speech and a marketplace of ideas. But by using these areas of AskDg.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our Web
site at any time for any reason. AskDg.com will make decisions as to whether content violates any Posting Rule in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to users posting content on our Web site.
When using AskDg.com’s forums, please do not post material that:
- contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal,
racial or religious nature - is defamatory, threatening, disparaging, grossly inflammatory, alse, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
- violates any right of AskDg.com or any third party
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
- violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance
- unfairly interferes with any third party's uninterrupted use of AskDg.com
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose
- uploads copyrighted or other proprietary material of any kind on AskDg.com without the express permission of the owner of that material
- uses or attempts to use another's account, password, service or system except as expressly permitted by these Terms of Service
- uploads or transmits viruses or other harmful, disruptive or destructive files
- disrupts, interferes with, or otherwise harms or violates the security of AskDg.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through AskDg.com or its affiliated or linked Web sites
- "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
General Disclaimer and Limitation of Liability
While AskDg.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the content and assume no liability or responsibility for any error or omission in the content. AskDg.com does not represent or warrant that use of any content will not infringe rights of third parties. AskDg.com has no responsibility for actions of third parties or for content provided or posted by others.
USE OF ASKDG.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE."
NEITHER ASKDG.COM, NOR ITS PARENT COMPANY OR OWNERS, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT
PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING
ASKDG.COM, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON
OR THROUGH ASKDG.COM, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ASKDG.COM OR SUCH CONTENT
OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES
ASKDG.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY
DISCLAIMED. ASKDG.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD
PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY.
ASKDG.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY
INDIVIDUALS AND ORGANIZATIONS. ASKDG.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS
OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR
DISTRIBUTED THROUGH THE ASKDG.COM WEB SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT
OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL ASKDG.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS
BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT
LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL ASKDG.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR
LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
OF ANY KIND WHATSOEVER WITH RESPECT TO THE CONTENT OF ANY MESSAGE POSTED ON ASKDG.COM, IRRESPECTIVE
OF WHETHER ASKDG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY, OR DAMAGES.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, ASKDG.COM, THEIR PARENT AND AFFILIATED
COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS
(INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND
INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS)
ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF ASKDG.COM;
(2) ASKDG.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS
NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED
THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF
THIS AGREEMENT BY YOU.
International Users
AskDg.com is controlled, operated and administered by AskDg.com from its offices within the United States. AskDg.com makes no representation that materials or content available through AskDg.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may
not use AskDg.com or export the content in violation of U.S. export laws and regulations. If you access AskDg.com from a location outside the United States, you are responsible for compliance with all applicable laws.
Miscellaneous
AskDg.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of AskDg.com after the posting of any amended Terms of Service shall constitute your
agreement to be bound by any such changes. Your use of this Web site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use.
AskDg.com may modify, suspend, discontinue or restrict the use of any portion of AskDg.com, including the availability of any portion of the content at any time, without notice or liability. AskDg.com may deny access to any person or user at any time for any reason.
In the case of a conflict between these terms and the terms of any electronic or machine-readable statement or policy (for example, a P3P electronic privacy policy), these Terms of Service shall control. Similarly, in case of a conflict between these Terms of Service and our Privacy Statement, these Terms of Service control.
Should you have other questions or concerns about these Terms of Service,
please send a direct E-mail.
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