- If you have purchased either a Membership on behalf of a company that you represent (“Your Company”), you agree to bind yourself as an individual as well as Your Company to all of the terms of this Agreement, and you represent and warrant that you are authorized by Your Company to bind Your Company to this Agreement.
- In connection with accessing certain Services on the Site, you may be asked to consent to additional terms and conditions applicable to such Services (“Service-Specific Agreement(s)”). When you consent to a Service-Specific Agreement, the terms of the Service Specific Agreement are incorporated by reference into the Agreement. If there is any inconsistency between the terms of a Service-Specific Agreement and this Agreement, the terms of the Service-Specific Agreement control with respect to that specific Service only, and only to the extent of the inconsistency
- This Agreement for the use of our Services and our Site may be modified from time to time without notice. In the event that you disagree with any future changes to this Agreement, please contact DMscore immediately to discuss the impact of these changes on Your Account and to determine whether cancellation of Your Account will be necessary in order to address your concerns. In the alternative, you may, if you disagree with any changes to this Agreement, simply cancel Your Account. YOU AGREE THAT IF YOU CONTINUE TO ACCESS AND/OR USE THE SITE, YOUR CONTINUED ACCESS AND USE CONSTITUTES YOUR ACCEPTANCE OF ANY CHANGES TO THIS AGREEMENT. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits on any person or entity.
- In the event that you do not agree with the Terms and Conditions of this Agreement, do not continue to use this Site and do not complete the registration process. Instead, please contact DMscore at email@example.com and an DMscore representative will be happy to discuss your concerns.
- We require you to register an account (“Your Account”) to access and/or use certain Services. You may not have more than one account on DMscore; if multiple accounts are found, we have the option of suspending and/or cancelling all accounts with DMscore, including Your Account. By registering, you certify that the email address you provide in the registration is accurate and belongs to you or that you have the right to use it; if any of the foregoing are not true, we have the option of suspending Your Account. By registering, you certify that Your Account is only being used by you. A single user account is not permitted to be used by multiple people. If multiple people are found using Your Account, we have the option of suspending and/or cancelling Your Account.
- Once you have registered an account on the Site, the account will never be deleted. You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under Your Account. You are solely responsible for the activity that occurs on Your Account, and you must keep Your Account password secure. You agree to notify DMscore immediately at firstname.lastname@example.org of any unauthorized use of Your Account or any other breach of security you learn about. Although DMscore will not be liable for your losses caused by any unauthorized use of Your Account, you may be liable for the losses of DMscore or others due to such unauthorized use.
4. Email Communication
- You must provide your electronic mail (“email”) address when registering to access any Service. Correctly entering your email address is important so that you are able to participate in the collaboration process (e.g. you will receive email notifications when a problem/question you posted receives a comment or a proposed solution.) We also use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of DMscore. If you do not want to receive newsletters and updates, you may opt out (i) during the registration process, (ii) after you register by going to your “My Account” page, (iii) by clicking on the “unsubscribe” link on newsletters and updates, or (iv) by contacting email@example.com.
5. Use of the Site: Permissions and Restrictions
- DMscore hereby grants you permission to access and use the Site and Services, as set forth in this Agreement, subject to the Code of Conduct (set forth in Section 6 of this Agreement) and the following restrictions:
- The Services and Site are only available for use by individuals who are age 13 or over.
- The Services and Site may not be used by scripts, machines or automated services without express written consent of DMscore.
- You must verify your email address to participate on the Site; however, your active subscription will continue even if your email address has not been verified.
- The Services and Site may be used only for lawful purposes. You may not use the Site to abuse other Members or to be involved in conduct that DMscore finds objectionable. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the Services or Site for any criminal or illegal activities or any activities that might be legally actionable.
- You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws.
6. Code of Conduct
- When you register Your Account, you become a member of DMscore (“Member”). The guidelines and rules listed below explain what behavior is expected of you and what behavior you can expect from other Members. Note that the following guidelines are not exhaustive, and may not address all manner of offensive behavior. DMscore reserves the right to suspend Your Account at any time for reasons that include, but are not necessarily limited to, your failure to abide by these guidelines. You are solely responsible for your interactions with other Members. DMscore reserves the right, but has no obligation, to monitor disputes between you and other Members.
- You shall not engage in any of the following activities, which are strictly prohibited under the Code of Conduct:
- Registering a Username, display name or profile photo, or posting, transmitting or linking to any text or image that is sexually explicit, pornographic, violent, racially or ethnically objectionable or patently offensive to the online community.
- Posting, transmitting or linking to defamatory and libelous statements or other statements that would violate any third party’s privacy or publicity rights.
- Posting, transmitting or linking to profane language or descriptions of situations or scenarios that are considered, in the opinion of DMscore, inappropriate.
- Impersonating any person or using a name or account that you are not authorized to use.
- Planning illegal activities, including, but not limited to, creating computer viruses, building a bomb, counterfeiting money, pirating software or publishing unauthorized serial numbers of products for reuse.
- Advertising, promoting or offering to sell any goods or services except in connection with a paid Vendor Membership.
- Soliciting individuals for employment other than in designated Site areas.
- Soliciting individuals to join other websites or services comparable to or competitive with DMscore, including, but not limited to, posting links to competing sites.
- Posting links in open questions that encourage Members to use competing sites.
- Promoting any products or services that are unlawful at the location at which the content is posted or received.
- Posting, transmitting or linking to statements that are intentionally false or misleading or that plagiarize other works.
- Introducing or assisting in the creation of viruses, worms, harmful codes or Trojan horses.
- Spamming, flaming or other similar hostile activities against other Members.
- Misusing the DMscore point system.
- Violating the guidelines for academic honesty or other unethical behavior (for example, helping a student with a project is allowable, but doing it for them is not).
- Violating Site security.
- Misusing Site resources, including but not limited to, employing posts or programs which consume excessive CPU time or storage space, or permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders in connection with Your Account.
- Altering or modifying the Site or Services without the express written permission of DMscore.
- Making commercial use of the Site or Services, such as by selling access to the Site or Services, without the express written permission of DMscore.The Code of Conduct also prohibits Members from undertaking activities and participating in Services on the Site that are not included in their subscription. The subscription types are described below, and Members are responsible for knowing what is included in their subscription and what is not:
- We reserve the right to evaluate each incident on a case-by-case basis. The action(s) we take may be more lenient or more severe than those provided for in this Agreement or those taken against another Member. If you notice a problem with other Members not following the Code of Conduct, please notify us by contacting Customer Support at firstname.lastname@example.org. DMscore reserves the right to determine, at its sole discretion, what constitutes a violation of the Code of Conduct. If DMscore believes that a violation of this Code of Conduct has occurred, DMscore has the right, but not the obligation, to take corrective action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content and suspension or termination of Your Account and access to the Services. If Your Account is terminated due to a violation of the Code of Conduct, DMscore shall have no obligation to refund to you any unused portion of your subscription fee.
- DMscore reserves the right to discontinue any aspect of the Site or Services at any time.
7. Suspended Accounts
- When you register a paid account, you will be required to provide a valid PayPal account or debit or credit card number that you wish to have your membership fees charged to (hereinafter, your “Payment Method”). Your Account may be suspended if your Payment Method is declined, you have filed a chargeback with your bank or you have violated the terms of this Agreement, including the Code of Conduct.
- If you are in violation of the terms of this Agreement or the Code of Conduct, you will be instructed to contact the Community Volunteers (see Section 16 of this Agreement) for further information. DMscore does not refund any charges that are processed on Your Account while Your Account is suspended or locked in any way. A cancellation must be processed to avoid any billing on Your Account.
8. DMscore’s Intellectual and Other Property Rights
- The layout, design, concept and organization of the DMscore Site and Services are subject to DMscore’s patents, copyrights and other intellectual property rights. All rights are reserved.
- You acknowledge and agree that DMscore owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. This Agreement does not grant an unlimited license, and any use of the Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property of DMscore, other than as described in this Agreement, is strictly prohibited.
- You agree that you will obtain the express written permission of DMscore before you copy, upload, transmit, reproduce, distribute or in any way exploit any of the Services, technology and/or intellectual property (including copyrights, patents, trademarks, or any other intellectual property and associated rights) obtained through the Site. In addition, you agree not to copy the layout, design, concept or organization of the Site or Services for so long as DMscore owns the intellectual property rights to the Site. This Agreement does not constitute a license to use DMscore’s trade names, service marks or any other trade insignia. Any use of DMscore’s trade names, service marks or any other trade insignia shall be subject to DMscore’s prior written consent.
9. Agent for Notification of Claimed Infringement
- Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, DMscore has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify DMCA Department at DMscore, 394 University Ave, #302, Palo Alto, CA, 94301, at DMCA@dmscore.com.
- To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- 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 at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
10. Disclaimers of Warranty
- DMscore makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the Services, or the information, content, materials or products included on the Site or with the Services. DMscore disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- DMscore makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free. DMscore does not warrant that the Site or Services are free of computer viruses or other harmful materials, nor does DMscore make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services.
- No advice or information, whether oral or written, obtained by you through the Site or Services shall create any warranty, whether by implication, estoppel or otherwise. The warranty exclusions contained in this Agreement are subject to the laws of your jurisdiction and some exclusions may not apply to you.
11. Limitation on Liability
- Regardless of the type of claim or the nature of the cause of action, you agree that in no event shall DMscore, its affiliates, contractors, service providers, employees, agents, or licensors, or any other party involved in creating, producing or delivering the Services, technology or content available on the Site (including Internet Marketing Factors, Inc. and its affiliates), be liable to you in any manner whatsoever: (i) for any decision made or action or non-action taken by you in reliance upon information provided through the Services; (ii) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology; (iii) (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; or (iv) for any direct, indirect, incidental, punitive or consequential damages, including, but not limited to, loss of revenues, loss of profits or loss of reputation, even if DMscore has been advised of the possibility of such damages.
- Your sole and exclusive remedy with respect to the use of the Site or Services provided by DMscore shall be to discontinue of your membership upon the expiration of the current term. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions, our liability shall be limited to the extent permitted by law.
- DMscore provides its Services and Site to Members subject to the expectation that Members act professionally and responsibly. Members must bear full responsibility for their actions. As a Member, you agree to defend, indemnify and hold harmless DMscore, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys’ and experts’ fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your Username and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party’s patent(s), copyright(s) or other intellectual property rights or violates any third party’s rights of privacy or publicity; and (vi) any third party’s access or use of Your Content or your information and data. DMscore reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of DMscore, which shall not be unreasonably withheld.
13. Customer Support
- DMscore provides assistance and guidance through its Customer Support Department. The Customer Support Department will help you with questions about Your Account, billing and general Site use. For help with specific technology questions on the Site, please email email@example.com. When communicating with our Customer Support Department, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards anyone in our Customer Support Department or other employees is at any time threatening or offensive, we reserve the right to immediately terminate Your Account and you will not be entitled to any refund of unused subscription fees.
14. Free Trials
- DMscore may promote a free trial offer (“Free Trial”). To receive a Free Trial, you must sign-up through a Free Trial registration page and select a subscription plan for Your Account to continue when your Free Trial ends. You must have a valid email address to use our service.
- If you or another member of your household has been a Member or if your Payment Method, physical address or email address have been associated with an DMscore account, you are not eligible to receive a Free Trial and will be redirected to a non-Free Trial registration page. Only one (1) Free Trial per customer.
- We will begin billing your indicated Payment Method for the subscription plan chosen during registration at the end of the Free Trial period unless you cancel prior to the end of the Free Trial period. To view the specific details of your subscription, including subscription price and end date of your Free Trial period, go to “My Account” on the Site and click on the “Billing” tab. Free Trial lengths are computed on the basis of calendar days measured from midnight to midnight Pacific Standard Time.
- DMscore will authorize your Payment Method as soon as you register for a Free Trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your Free Trial period.
- Upgrading your membership during your Free Trial will void the time left on your Free Trial and your Payment Method will be charged according to the membership type you chose on the “Upgrade” page.
- You will not receive a notice from DMscore that your Free Trial period has ended or that your paid subscription has begun. If you cancel prior to the end of your Free Trial, there will be no charges to your Payment Method. If you cancel after your Free Trial has ended, you will not be billed again but you will be responsible for whatever charges have already been incurred for the current billing period. You may cancel your DMscore subscription at any time by contacting Customer Support at (650) 352-3976. Cancellations are processed upon receipt of request by phone.
15. Billing, Payment and Services Features
- If you register for Services, these Services are for the registered user ONLY and may not be shared or transferred to others. Unless otherwise stated, all fees are quoted in U.S. Dollars. A valid Payment Method is required for all pay-for Services. If you have set up a pay-for Service Account, your Payment Method will be charged in the manner as set forth in the page describing the Service you purchased (the “Service Features Page”), at the then current rate, until you notify us of your desire to cancel your subscription. Upon confirmation of payment to DMscore, you will receive the benefits and features as set forth in the descriptions at the applicable Service Features Page.
- If your credit or debit card, or PayPal account information changes or if you wish to change your Payment Method, please update Your Account to ensure that your access to DMscore is uninterrupted. We will attempt to notify you via email if we are unable to process a payment and Your Account may be suspended or your access limited until you provide a valid form of payment. You will remain responsible for any uncollected amounts on Your Account.
- If Your Account is past due, DMscore may cancel the account for non-payment at its sole discretion. You remain responsible to provide payment for any past due balances on Your Account that accrued before your account was cancelled.
- All DMscore subscriptions renew automatically. The subscription fee will be billed at the beginning of your subscription period and will automatically renew at the end of the subscription period to minimize subscription interruptions. It is your responsibility to cancel your subscription prior to your next billing date. Visit our website and click on “Billing” tab located on the “My Account” page to see the beginning date for your next renewal period. Services features are fully earned upon payment. Please be aware that the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with PayPal, your bank, or your credit or debit card issuer, as applicable, for details. If you have any further questions, please contact Customer Support at firstname.lastname@example.org.
- If you are registered for a free DMscore account (“Free Account”), DMscore reserves the right to modify the number of points it provides, to discontinue the provision of Free Account points, or to establish a monetary value for Free Account points. DMscore reserves the right to retire Free Accounts at any time and for any reason.
16. Term, Termination and Cancellation
- YOU ARE SOLELY RESPONSIBLE FOR PROPERLY CANCELLING YOUR SUBSCRIPTION. To cancel your DMscore subscription, contact Customer Support by calling (650) 352-3976.1. Cancellations are processed upon receipt of request by phone.. When your subscription is cancelled you will receive a confirmation email of the cancellation. If you do not receive this confirmation email please contact us at email@example.com. Cancellations will not be effective until the end of the current billing cycle. Cancellations must be received before the first day of a new billing cycle in order to take effect for that billing cycle. You may cancel your DMscore subscription at any time. DMscore does not grant refunds for partial or unused subscription time.
- This Agreement shall be effective for as long as you are a Member or use or access the Site or the Services.
- DMscore may terminate your Membership immediately if, based on DMscore’s sole judgment, it determines that you have materially breached this Agreement in any manner, including but not limited to (i) violating the Code of Conduct established for the use of DMscore Services or Site, (ii) infringing or violating any intellectual property right of DMscore or (iii) infringing or violating any intellectual property right or privacy or publicity right of a third party. DMscore reserves the right to refuse service to anyone for any reason at any time.
- Upon termination of this Agreement, the perpetual license you have granted to DMscore shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their Terms.
17. Refund Policy
- PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration. .
- Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of DMscore, and any purported assignment in violation of this provision is void. DMscore’s rights under this Agreement are fully assignable without prior notice to you.
- If any provision of this Agreement or a portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
20. Applicable Law and Jurisdiction
- This Site (excluding links) is controlled and operated from the DMscore offices in Palo Alto, California USA. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the State of California and the United States of America, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of California and the United States of America. The federal courts of the State of California located in San Francisco, California USA and the state courts located in Santa Clara County, California USA shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being affected upon you by either email or registered mail sent to the address you provide DMscore in connection with your subscription for Services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.
- Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at firstname.lastname@example.org, and to you at the email address you provide DMscore during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.