Terms and Conditions
Introduction
These Terms of Service describe the way in which you (the "User") may participate in this and any related services (the "Service"), and the way in which Duds & More (the parent company of DiverDuds and Duds2Go) will operate the Service. In this Agreement, Duds & More means its owners, agents, employees, contractors, or others authorized by Duds & More.
Use of the service
Service
The Service consists of the features, functions, services, and content provided by Duds & More, as well as the features, functions, services, and content provided by third parties and accessible through the Service.
Users
Use of the Service is limited to Users. A User is a person:
(i)who is at least 18 years of age,
(ii)(ii) who is legally capable of agreeing to, and has agreed these Terms of Service.
Entire Agreement
The User Agreement and these Terms of Service constitute the entire agreement (collectively "Agreement") between Duds & More and User with respect to the Service and supersede all other communications and changes to this Service and Agreement.
Duds & More may change the User Agreement or Terms of Service at any time. Duds & More will not notify you of the change except that it will be published on the Service. By accessing the Service after a notice of a change has been published, you are agreeing
to be bound by the change. If you do not agree to a change, you must terminate your usage as explained below. Duds & More may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.
Effective Date
These Terms of Service will become effective immediately by accepting the User Agreement where provided.
Termination
Duds & More may terminate the User Agreement at any time in the event of a breach of this Agreement by User or anyone accessing the Service. Duds & More, at its sole discretion, may also terminate this Agreement at any time without cause, and may suspend access to the Service with or without notice, to any User without cost of ancillary computer equipment and services
User is responsible for and must provide all computer, telephone and other equipment and services necessary to access the Service. In addition, User is responsible for any access charges incurred through on-line services, telephone companies, or internet service providers used in obtaining access to the Service.
User Responsibilities
User is responsible for supervising any activities undertaken by a minor using
User's access and User expressly ratifies and confirms any actions taken in or Affecting User's access by a minor.
Copyright and Other Legal Compliance
No copyrighted material may be placed on the Service by anyone without the permission of the copyright owner, or persons authorized by the copyright owner to grant permission. You are responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on the Service. You may download the material available on the Service for your personal, non-commercial use. Except as may be permitted by the Copyright Law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Service. In some cases, you may receive permission on the Service; in other cases you may need to obtain permission directly from the copyright owner.
Prohibited Activities
Duds & More does not control the messages, information or files delivered to the Service, and you understand that Duds & More has no obligation to monitor the site. However, users acknowledge that it is Duds & More policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the Service and that Duds & More reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, that in Duds & More sole discretion, are objectionable or in violation of the Terms of Service. You may not upload, or permit others to upload, material to the Service if that material:
(i) infringes or violates the rights of others,
(ii) is, or may be perceived by Duds & More or other likely recipients as, defamatory, deceptive, misleading, abusive, profane, offensive, or inappropriate,
(iii) contains any virus or other content that may damage the Service, the network, or any other User's equipment or software,
(iv) unless expressly permitted by Duds & More , contains any advertising or is otherwise for commercial purposes, or
(v) violates any laws, rules, or regulations of any governmental or other administrative organization having authority over the Service, Duds & More, or Users. Except as permitted under these terms, you may not reproduce, distribute, transmit, publish, transfer, or commercially exploit any material available on or throughout the Service.
Grant of License to Duds & More
Any User who uploads any material to the Service, or authorizes others to upload any
material to the Service, grants Duds & More and its designated licensees a non-exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use in connection with the Service, such material, regardless of the medium, technology, or form in which it is used. Subject to this grant of rights, Users retain all rights they have in such material.
General Copyright Information
The entire content of the Service is copyrighted by Duds & More as a collective work under the United States Copyright laws. The copying, reproduction, or publication of any part of the Service is prohibited unless expressly authorized in writing by Duds & More.
Warranty / Disclaimer / Limitation of Liability
User acknowledges that use of the Service is at User's sole risk. The Service is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Service. The Service is made available on an AS IS basis. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE. Neither Duds & More nor anyone else involved in creating, producing, or delivering the Service, or any services accessible through the Service, will be liable for any direct, incidental, special or consequential damages arising out of this Agreement. The provisions of this Section will survive termination of this Agreement.
Indemnification
You agree to indemnify, defend and hold harmless Duds & More against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing the Service under your account.
Miscellaneous Provisions
3rd Party Beneficiaries
The provisions of this Agreement are for the benefit of Duds & More and its service providers, licensors, employees, and agents; and each may assert and enforce those provisions directly on its own behalf.
Governing Law / Venue / Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of
the State of Alabama without regard to its conflict of laws provisions. Any proceeding relating to the Service or this Agreement must be brought in a state or federal court in the County of Shelby, and User expressly consents to jurisdiction in such courts. Any cause of action brought by User must be instituted within one year after the claim or cause of action has arisen.
Thanks,
Duds & More
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