THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE DUKE NET'S
WEBSITES. BY ACCESSING ANY OF THE WEBSITES YOU ARE AGREEING TO BE BOUND
BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS SET OUT IN
THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITES.
AMENDMENTS
Duke Net may amend this Agreement
at
any time by posting a new agreement in place of this one. Duke Net will post
notice that the Agreement has been amended on its main website located at www.duke.net
for a period of 30 days. The amended agreement shall automatically be effective
when posted. Your continued use of Duke Net's websites following the posting of
the amended agreement and notice shall mean that you accept the terms of this
Agreement as amended. If you do not agree with any of the terms of the amended
Agreement then you must terminate all use of Duke Net's websites. This Agreement
may not otherwise be amended.
LICENSE
You are granted a non-exclusive and non-transferable license to use and
access Duke Net’s websites. The websites shall include the associated
services
and the Links Directory.
ACCESS
In order to access and use any of Duke Net's websites you agree to abide
by
the terms and conditions of this Agreement. Any other access or use shall
constitute a trespass on Duke Net's computer systems, shall constitute an
infringement of Duke Net's intellectual property and an unlawful use of
Duke Net's assets.
Certain portions of Duke Net's websites require you to have an account. This
may require you to provide some personal information to Duke Net. You agree to
(a) provide true, accurate, current and complete information about yourself as
requested and (b) promptly update this information as required to keep it
true,
accurate, current and complete.
Duke Net has the right, in Duke Net’s sole discretion, to suspend or
terminate your current and future access and use of its websites in the
event
Duke Net reasonably believes that you are conducting yourself or providing
information in a manner which is in breach of this Agreement.
USER CONDUCT
Duke Net is very concerned about the privacy and safety of all users,
especially children.
You shall not:
- submit any information or link to any content, information, ware or
service which is obscene or contains pornography of any kind;
- use Duke Net's websites to commit any dishonest act, act of fraud or
any
act which infringes any third party rights;
- submit any information or link to any material which infringes or
potentially infringes any third party intellectual property or
proprietary
rights including without limitation, copyright, patent, trademark, trade
secret, right of publicity or privacy;
- submit any information or link to any material which is defamatory,
libelous, harassing or threatening of or to any person or
organization;
- submit any information or link to any material which is harmful or
potentially harmful including, without limitation, that which places any
person's health or safety at risk, places the integrity or security of
any
computer system at risk or distribute any virus, Trojan horse, worm,
time
bomb or other harmful or invasive computer program;
- submit any information or link to any material which in any way
violates
any federal, state or provincial law, statute, ordinance or regulation
in
any jurisdiction including without limitation those relating to export
control, consumer protection, unfair competition, discrimination, false
advertising or copyright;
- undertake any activity which creates liability or damage or
potentially
creates liability or damage to Duke Net or its computer systems or its
service providers; or
- send unsolicited e-mail to other users excluding private messaging via
the
community site.
You agree not to use any spider, robot or other automatic means to search
or
monitor the content of Duke Net's websites. You agree that you shall not use
any
automatic means, including software, to interfere with or attempt to
interfere
with Duke Net's software or websites or their use by any other user. You
agree
not to cause any unreasonable burden or load on Duke Net's software or its
computer systems.
SERVICES
You agree that Duke Net will not be liable for any delay or unavailability
of
any of Duke Net's websites or related services, whether due to an act or
omission
of Duke Net or an act or omission of any third party.
USER SUBMISSIONS
Duke Net may make available to you the ability to submit information and
links
to the websites. This includes the submission of links to the Links
Directory.
You agree that all of your submissions will be in compliance with this
Agreement.
All submissions may be subject to review by Duke Net prior to the
information
or link being posted to the websites. Duke Net may refuse to post any
information
or link and may remove the same for any reason, in its sole discretion.
Duke Net's posting of any information or link does not mean that Duke Net
agrees that the information or link complies with this Agreement or that
Duke Net
agrees with the content of the information or link.
While Duke Net may review each submission, it does not thoroughly review
the
information or the third party website that a link may resolves to. Further,
the
information may become incorrect or the third party website may change from
time
to time. Notwithstanding Duke Net's review, you agree to indemnify Duke Net
and
other users for any loss or damage that Duke Net or any user may suffer as a
result of the posting of any information or link that you submit.
CONTENT
Some information or links posted to Duke Net's websites may be offensive
to
you or incorrect or misleading.
Some portions of the Websites allow users to post information including
links
to other resources on the Internet. Some of this information may be reviewed
by
Duke Net prior to its posting. However, even if Duke Net reviews and posts a
submission to its website it does not mean Duke Net endorses the same. All
such
postings remain the sole responsibility of the person who submitted such
information or link. You agree to assume all risks in regards to the
condition,
suitability, safety, accuracy, quality, integrity, and legality of any
information submitted and in respect any information, product or services
offered or made available through any link which has been submitted and
posted.
Under no circumstances will Duke Net be liable in any manner for the
same.
Duke Net may change, add to or delete from its websites at any time
without
notice. You agree to bear all risks, costs and damages that you may incur as
a
result of those changes.
INTELLECTUAL PROPERTY
Duke Net has certain protectable proprietary rights in its software and
websites, including copyrights and trademarks. You may not modify, copy,
publish, republish, transmit, sell, create derivative works, display or in
any
way exploit any content contained on the Duke Net websites other than for
personal use.
WARRANTY DISCLAIMER
THE DUKE NET WEBSITES ARE PROVIDED "AS IS" AND "AS
AVAILABLE" AND ARE USED BY YOU AT YOUR SOLE RISK. DUKE NET MAKES NO
EXPRESS
OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND
SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY
WARRANTIES,
REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE DUKE NET WEBSITES MAY CONTAIN
BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. DUKE NET ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES
OR
OTHER LIMITATIONS.
LIMITED LIABILITY
IN NO EVENT SHALL DUKE NET BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR
INABILITY
TO USE THE DUKE NET WEBSITES HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE,
EVEN
IF DUKE NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL OTHER CIRCUMSTANCES DUKE NET'S TOTAL AGGREGATE LIABILITY TO YOU OR
ANY
THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $10.00 (CDN).
INDEMNITY
You agree to hold Duke Net, its employees, officers, directors, agents and
other partners from any and all claims or demands, including reasonable
attorney
fees, made by anyone due to or arising from any information submitted,
posted,
transmitted or otherwise made available through our websites, your use of
our
websites, or your violation of these terms of use.
NO AGENCY
The parties are independent entities and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended
nor
created by this Agreement and neither party shall state or imply anything to
the
contrary. The links posted to the Links Directory are not affiliated with
Duke Net, whether by partnership or otherwise.
NO WAIVER
Duke Net's failure to insist upon or enforce strict compliance with any
provision of this Agreement shall not be construed as a waiver of any
provision
or right of the same or different type in the future.
ENTIRE AGREEMENT
The terms and conditions set out in this Agreement constitute the entire
terms and conditions with respect to the use of Duke Net's software,
websites,
the Links Directory and the relationship between the parties. No
representative
of Duke Net is authorized to amend the terms of this Agreement. Amendments
shall
only be effective as provided in this Agreement.
TERMINATION
Notwithstanding the termination of this Agreement for any reason, the
provisions of this Agreement relating to intellectual property, warranty
disclaimer, limited liability, indemnity and governing law shall survive
such
termination.
GOVERNING LAW
This Agreement, the relationship between you and Duke Net and your use of
Duke Net’s websites, the Links Directory and the resolution of any dispute
arising between the parties shall be governed and construed in accordance
with
the laws of the State of California and those of United States applicable therein,
without reference to their conflicts of laws. You agree that any legal action or
proceeding between you and Duke Net which in any way concerns this Agreement or
the use of Duke Net’s websites shall be brought exclusively in the courts of
California. Notwithstanding the foregoing, either party may apply to any court of
competent jurisdictions to obtain injunctive relief. Duke Net is headquartered in
California.
SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be severed from this Agreement and the remaining provisions
shall remain in full force and effect.
HEADINGS
Headings are for reference purposes only and shall not be used in the
interpretation of this Agreement.
