Terms of Use

 

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Most websites have fine print, so here's mine.  The following Terms of Use govern the use of the Dimpledorb.net website and the content, services and products available at or through the website (taken together, the “Website”).  The Website is operated by Daniel Moore, a/k/a, Chuck Dumbáss, a/k/a Dimpled Orb Productions (“DOP”).  The Website is offered free of charge for personal, non-commercial use, intended primarily for the amusement of our visitors.  Use of the Website is subject to acceptance without modification of all of the Terms of Use contained herein and all other operating rules, policies (including, without limitation, DOP’s Privacy Policy) and procedures that may be published from time to time on the Website (collectively, the “Terms of Use”).
 By accessing or using any part of the Website, you agree to the Terms of Use.  If you do not agree to all of the Terms of Use, then please do not access the Website.  If the Terms of Use are considered an offer by DOP, acceptance is expressly limited to these terms.  The Website is available only to individuals who are at least 13 years of age.
DOP has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects.  By operating the Website, DOP does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive to some, as well as content containing technical inaccuracies, typographical mistakes, and other errors.  The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.  DOP disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
DOP has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Dimpledorb.net links, and that link to Dimpledorb.net.  DOP does not have any control over those non-Dimpledorb.net websites and webpages, and is not responsible for their contents or their use.  By linking to a non-Dimpledorb.net website or webpage, DOP does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.  DOP disclaims any responsibility for any harm resulting from your use of non- Dimpledorb.net websites and webpages.
If you believe that material located on or linked to by Dimpledorb.net violates your copyright, you are encouraged to notify DOP.  DOP will respond to all such notices as required or appropriate, including by removing the infringing material or disabling all links to the infringing material.  DOP will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of DOP or others.
The Terms of Use do not transfer from DOP to you any DOP or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DOP.  DOP, Dimpledorb.net, The Turtle, the Turtle Logo, the Dimpledorb.net logo, and all other trademarks, service marks, graphics and logos used in connection with Dimpledorb.net, or the Website are trademarks or trademarks of DOP or DOP’s licensors.  Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.  Your use of the Website grants you no right or license to reproduce or otherwise use any third-party content or trademarks. You are welcome to use content belonging solely to DOP and repurpose it for your own use if you attribute it to DOP and provide a link to DOP somewhere on your site.
DOP reserves the right, in its sole discretion, to modify or replace any part of the Terms of Use.  Continued use of or access to the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.  DOP may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources).  Such new features and/or services shall be subject to the terms and conditions of the Terms of Use.
DOP may terminate access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate the Terms of Use you may simply discontinue using the Website.  All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is.”  DOP and its suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.  Neither DOP nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.  If you’re actually reading this, here’s a treat.  You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will DOP, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DOP under this agreement or otherwise during the twelve (12) month period prior to the cause of action.  DOP shall have no liability for any failure or delay due to matters beyond their reasonable control.  The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Website will be in strict accordance with the DOP Privacy Policy, with the Terms of Use, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless DOP, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of the Terms of Use.
The Terms of Use constitute the entire agreement between DOP and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized signatory for DOP, or by the posting by DOP of a revised version.  Except to the extent applicable law, if any, provides otherwise, the Terms of Use, any access to or use of the Website will be governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions, and the United States of America, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Knox County, Tennessee.  The prevailing party in any action or proceeding to enforce the Terms of Use shall be entitled to costs and attorneys’ fees.  If any part of the Terms of Use is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.  A waiver by either party of any term or condition of the Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.  You may assign your rights under the Terms of Use to any party that consents to, and agrees to be bound by, its terms and conditions.  DOP may assign its rights under the Terms of Use without condition.  the Terms of Use will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
(Note, the foregoing Terms of Use are available under a Creative Commons Sharealike license, which means you’re more than welcome to use it and repurpose it for your own use, just make sure to replace references to DOP with ones to you, and include a link to WordPress.com somewhere on your site.)
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This page was last updated 04/11/17.
 
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