The following Terms of Use are applicable to this site, DTG Productions, which powers the Personals on this site. By using the Website, or by completing the registration process, you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). YOUR AGREEMENT TO THESE TERMS OF USE SPECIFICALLY INCLUDES YOUR KNOWING AND VOLUNTARY AGREEMENT TO THE "ASSUMPTION OF RISKS FOR PARTICIPATION IN THE SERVICE" , IN PARAGRAPH 3 BELOW. PLEASE READ THAT PARAGRAPH CAREFULLY.
If you wish to become a Member and communicate with other Members and make use of the service offered by the Website (the "Service"), please read these Terms of Use and indicate your acceptance of them in the manner provided.
The Website and the Service are services of DTG Productions ("DTG Productions").
This Agreement sets out the legally binding terms of your use of the
Website and the Service and your membership in the Service, and may be
modified by DTG Productions from time to time, such modifications to
be effective upon posting by DTG Productions on the Website. This Agreement
includes DTG Productions' Privacy Policy (please see Paragraph 9 below),
and any notices regarding the Website and the Service. You may also receive
a copy of this Agreement by emailing us
at: info@dtgproductions.com, Subject: Terms of Use Agreement.
1. Eligibility. You must be eighteen or over to register as a member of the Service or use the Website. Membership in the Service is void where prohibited. By using the Website and/or registering as a Member of the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the Website and the Service. You may terminate your membership at any time, for any reason, by emailing us at info@dtgproductions.com, Subject: Terms of Use Agreement, or upon receipt by DTG Productions of your written or email notice of termination. DTG Productions may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to DTG Productions. Even after membership is terminated, and whether or not you register as a Member, this Agreement will remain in effect. Also, even after this Agreement is terminated, certain provisions of this Agreement will remain in effect, including sections 3, 4, 6 and 9-13.
3. ASSUMPTION OF CERTAIN RISKS FOR PARTICIPATION IN THE SERVICE. You understand that your participation in the Service may encourage other users of the Service to contact you. You also understand that any decision to respond to or communicate with any person so contacting you will be your decision alone, in your sole discretion and judgment, and you will have no obligation to meet or otherwise communicate with any such person. You may choose to respond to one or more persons so contacting you, in your sole discretion and judgment. You agree as follows regarding communicating with or meeting any such person:
(a) You understand that there are risks inherent in communicating with and/or meeting persons contacting you by virtue of your participation in the Service, including risks inherent in the nature of meeting people for social reasons. Accordingly, you knowingly and knowledgeably accept and assume responsibility for your actions and any risks arising from your participation in the Service, including without limitation the risks referred to above.
(b) You agree that DTG Productions cannot guarantee and does not promise any specific results from your participation in the Service.
(c) You agree that DTG Productions will not be responsible for any loss or damage, including personal injury or death, resulting from any interactions between you and persons contacting you in response to your participation in the Service.
4. Copyright and Proprietary Rights in the Website and Service. DTG Productions owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of DTG Productions and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. User Conduct. All users shall use the Website for lawful purposes only. You agree not to post or transmit through the Website any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. The Website and the Service are for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website and the Service, including collecting usernames and/or email addresses of Members and other users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
You acknowledge that due to the immediate nature of this medium, DTG Productions does not review, censor, approve, edit, or endorse information placed on the Website and the Service by its users, and cannot guarantee that inappropriate material will not be posted. While we do not, as a rule, moderate or monitor Members' private exchanges, we reserve the right to do so if we suspect users of being under 18 or of using the Service for the purpose of solicitation or any other violation of this Agreement.
Conduct by any user that, at the discretion of DTG Productions, restricts or inhibits any other user from using or enjoying the Website will not be permitted. DTG Productions reserves the right to refuse access to the Website to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated this Agreement or any of the copyright or trademark laws of the United States.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE AND/OR THE SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, DTG Productions RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
5(A). Links to Other Sites or Resources. The Website and the Service may provide, or third parties may provide, links to other sites or resources. Because DTG Productions has no control over such sites and resources, you acknowledge and agree that DTG Productions is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DTG Productions will not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
6. Content Posted on the Website.
(a) You understand and agree that DTG Productions may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of DTG Productions violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or other users.
(b) You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members or other users.
(c) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. DTG Productions reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes Content that:
7. Copyright Policy: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website and/or on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website or on the Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. DTG Productions's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Corporate Counsel, DTG Productions, P.O Box 1196, Peekskill, NY 10567.
8. Member Disputes. You are solely responsible for your interactions with other Members. DTG Productions reserves the right, but has no obligation, to monitor disputes between you and other Members.
9. Privacy Use of the Website and the Service is also governed by our Privacy Policy
10. DISCLAIMERS. DTG Productions is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized on the Website and in the Service. DTG Productions is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. DTG Productions assumes no responsibility for 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 or Member communications. DTG Productions is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Website and/or the Service, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website and the Service. Under no circumstances will DTG Productions be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website and/or the Service, any Content posted on the Website and/or the Service or transmitted to Members or other users, or any interactions between users of the Website and/or the Service, whether online or offline. The Website and the Service are provided "AS-IS" and DTG Productions expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DTG Productions makes no warranty and cannot guarantee that the Service and the Website will meet your requirements, or that the Website or the Service will be uninterrupted, timely, secure, or error-free; nor does DTG Productions make any warranty as to the results that may be obtained from the use of the Website and the Service or as to the accuracy or reliability of any information obtained through the Website and the Service.
11. Limitation on Liability. Your use of the Service and browsing of the Website is at your risk. If you are dissatisfied with any of the materials contained in the Website and/or the Service, with the quality of service or Content, or with this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Service and the Website. Except in jurisdictions where such provisions are restricted, in no event will DTG Productions be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website and/or the Service, even if DTG Productions has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, DTG Productions's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to DTG Productions for the Service during the term of membership.
12. Disputes. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, will be settled by final and binding arbitration in New York, New York, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, will be interpreted under and governed by the laws of the State of New York, without regard to its conflict of laws provisions, and you agree that the arbitrators will award all costs of arbitration, including reasonable attorneys' fees plus legal rate-of-interest, to the successful party. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York. Copyright claims will be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this Agreement will be adjudicated within the U.S. in the manner described here. If DTG Productions is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse DTG Productions for its respective legal fees, costs, and disbursements if DTG Productions is successful.
13. Indemnity. You agree to indemnify and hold DTG Productions and its owners, affiliates, officers, agents, partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of (a) any claims, demands, actions and proceedings alleging that the information provided by you, including any likeness and including any statements made by you, is libelous, slanderous, obscene, lewd, or scandalous, or that it invades any person's right to privacy or other personal rights, (b) your actions in communicating with or otherwise interacting with any person through your use of the Service, including any claims, demands, actions and proceedings arising out of any loss, liability, claim or demand any person may have resulting therefrom, and (c) any breach of this Agreement and/or any breach of your agreements, representations and warranties set forth above. DTG Productions reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with DTG Productions in asserting any available defenses.
14. Other. This Agreement, accepted upon use of the Website and/or registration for the Service, contains the entire agreement between you and DTG Productions regarding the use of the Website and the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
Please contact us at info@dtgproductions.com with any questions regarding this Agreement. DTG Productions is a trademark of DTG Productions.