Terms of Use
Thank you for visiting https://www.dial-c.com/ (“Site”), a website internet property owned by Dial C Partners, LLC, or its successors or assigns (“we” or “our” or “DCP”). By accessing or using Site, its services, information and tools (collectively “Services”), you are entering into a legally binding agreement in accordance with the terms and conditions set forth below (the “Agreement”). Therefore, we encourage you to read this thoroughly and carefully. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site, including through a mobile device, or otherwise use the Services without being registered) or you are a “Member” (which means that you have registered with us, or are accessing DCP content and Services). The term “User” refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement.
If you do not agree to be bound by this Agreement, do not submit any information and do not access, view download or otherwise use any of the Services.
This Agreement includes DCP’s policy for acceptable use of the Services and content posted on or through the Services and your rights, obligations and restrictions regarding your use of the Services and content posted on or through the Services. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from DCP. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
If at any time you believe you are entitled or obligated to terms and conditions different from this Agreement and wish to use, or continue use, of the Services, you will promptly provide DCP with detailed written notice at least thirty (30) days before you begin such use, or re-use, of the Services in a manner contrary to this Agreement, so that we may assess and provide a suitable manner to remedy the situation to the extent we deem necessary.
Duties
Before you use any of the Services, you must read and accept all of the terms and conditions of this Agreement. You agree that the terms of this Agreement, and any notices or amendments made pursuant this Agreement, apply whenever you access or use the Services.
Service Eligibility
You represent and warrant that you (i) have read this Agreement in its entirety, (ii) are over the age of 18, (iii) have not been previously suspended or removed from Site, (iv) are not prohibited from receiving U.S. origin products, including services or content, and (v) have the full power and authority to agree to the terms and conditions of this Agreement.
IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT AUTHORIZED TO USE OR ACCESS THE SERVICES, AND ARE EXPRESSLY FORBIDDEN FROM ACCESSING OR USING THE SERVICES.
You agree that you are solely responsible to provide all of the equipment and software necessary to connect to Site. You agree to be solely responsible for activity performed under your username, except for any activity occurring after (i) you notify DCP in writing of a breach and provide DCP time, consistent with our practices, to close the account, or (ii) prove that such security was compromised solely as a result of our systems.
Content and Access
If you give information, testimonials, posts, or content to DCP, you hereby grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable (including through multiple tiers), fully paid-up and royalty-free right to DCP and its affiliates to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, use and commercialize, in any way now known or in the future discovered, anything that you submit, without any further consent, notice and/or compensation to you or to any third parties
By submitting information, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. We do not control or verify the content you or others submit. Therefore, you agree that we provide the information and data included in the Services “AS IS.”
To facilitate the Services, we may access account information and other personal information from third party websites. You acknowledge and agree that we may not have any relationship, affiliation or connection with any third party websites. We may not endorse them, and such websites may not endorse DCP. We assume no liability for the acts, omissions and decisions of any third party website.
By registering an account, you authorize DCP (and our agents) to access your provided information. We will use such information to provide you the Services and to generally improve your experience and our offerings. To the extent such information includes personally-identifiable information, we will treat such information in accordance with our Privacy Policy.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
We host social events and may record them in video, audio, photograph, or similar means. Your image and voice would be recorded as well and the recordings are owned and used by DCP for rebroadcasts and other purposes. If you are not comfortable with being recorded you may wish to not participate in the social events.
You can close your account, and remove your profile from DCP, by clicking on the Unsubscribe button in the Account Settings section and your account and all information therein will be deleted in approximately ten business days. However, as part of our archival processes, we may retain certain data contributed by you for business purposes, if we believe it may be necessary to prevent fraud or future abuse, or if required by law. DCP reserves the right to keep and use any posts, testimonials, or comments you may have made.
Prohibited Content and Activity
The following are examples of the kind of Content that is illegal or prohibited to post on or through the Services. DCP reserves the right to investigate and take appropriate legal action against anyone who, in DCP’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Services, and/or terminating the Membership of such violators, and/or restricting or blocking access of such violators, and/or taking any other remedial or protective action. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of DCP:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without prior written consent from DCP such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person’s consent;
or band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Site and through your use of the Services. DCP reserves the right to investigate and take appropriate legal action against anyone who, in DCP’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Site or Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, DCP reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which DCP deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Site or Services, you acknowledge that you will have caused substantial harm to DCP, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay DCP $100 for each such unsolicited email or other unauthorized commercial communication you send through the Services;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site or Services;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Site or Services or the networks or services connected to the Site or Services;
impersonating or attempting to impersonate another Member, person or entity;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Site or Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
using the Site or Services in a manner inconsistent with any and all applicable laws and regulations.
violate any laws, third party rights, or our policies;
“scrape,” “crawl” or “spider” any web pages contained in the Site;
reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code;
post or submit in any way, false, inaccurate, misleading, defamatory, or libelous content (including personal information);
distribute viruses or any other technologies that may harm DCP, the Site or Services, or our users;
copy, modify, or distribute rights or content from the Site or Services;
seek to undermine or override any security component of the Site or Services;
intentionally interfere with our Site or Services;
impersonate another identity or otherwise misrepresent your qualifications, history or background;
remove any copyright, trademark or other proprietary notice from the Site or Services;
use the Site or Services to send, or cause to be sent, (whether electronic or not) any spam, chain letters, pyramid letters, mass mailings or junk mail; or
use any information obtained from our Site or Services to harass, abuse or harm anyone.
Although DCP considers the conduct above inappropriate, you are aware and agree that you may be exposed to materials and/or activities of this nature and that you use the Site or Services at your own risk.
Indemnity
You hereby agree to indemnify and hold harmless DCP and its affiliates, and their employees, managers, members, officers and directors, from any damages, losses and costs (including, but not limited to, reasonable attorneys’ and expert fees) related to claims, charges or investigations, caused by or resulting from (a) access of third party websites, (b) any breach of this Agreement by you, (c) any submission by you that violate third party rights or applicable laws, (d) any use of the Site or Services by you in violation of DCP’s rules or the law, and (e) any other any activity in which you engage on or through the Site.
Use and Member Services
For those who sign up to become a Member, conditioned upon your compliance with this Agreement, we grant you a revocable, nonexclusive, nonassignable and non-sublicenseable, right to access and use the Membership Services or programs solely as they may exist and may be available at any given point in time. We reserve all rights not expressly granted herein.
We reserve the right to add or discontinue information or Services at any time and in our sole discretion. You agree to use any information derived by you from the Services in a legal and respectable manner solely to develop relationships. You agree that you shall only use the Services to help further your own healthy lifestyle and for no other purpose.
Disclaimer and Limitation of Liability
All information is provided “AS IS” and on an “AS AVAILABLE” basis. We do not guarantee the Services will function without interruption or error. We do not make any representations or warranties to you, express or implied, and to the fullest extent permissible disclaim such.
We do not verify identity of persons subscribing to the Services nor do we monitor every user’s every activity with respect to the Services. THEREFORE, WE DECLINE ALL LIABILITY FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION. If you are dissatisfied or harmed by DCP or the Services, you may terminate the Services. SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
THE INFORMATION, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, ARTICLES, POSTS, TESTIMONIALS, COMMENTS, IMAGES AND OTHER MATERIAL CONTAINED ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE PURPOSE OF THIS SITE IS TO PROMOTE A COMMUNITY AND LIFESTYLE COLLECTIVE REVIVING MEANINGFUL CONVERSATION THROUGH CURATED SOCIAL EVENTS.
DCP posts Content with the good faith belief it is accurate. As with any social topics, information and opinions change rapidly and some Content may be outdated or disagree with your views. DCP is not responsible for and makes no warranties, express or implied, as to Content or User Content or the accuracy and reliability of the User Content posted on or through the Site or Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services and such User Content does not necessarily reflect the opinions or policies of DCP. Profiles and third party applications created and posted by Members on the Site may contain links to other websites. DCP is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by DCP. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by DCP. When you access these third party sites, you do so at your own risk. DCP takes no responsibility for third party advertisements or third party applications that are posted on or through the Site or Services, nor does it take any responsibility for the goods or services provided by its advertisers. DCP is not responsible for the conduct, whether online or offline, of any User of the Site or Services. DCP 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, any User or Member communication. DCP 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall DCP be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any User Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and DCP expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DCP cannot guarantee and does not promise any specific results from use of the Services.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR SERVICES EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE, OUR EMPLOYEES, MEMBERS, MANAGERS, OFFICERS, OR OTHERS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF AN AGGREGATE OF $100, IRRESPECTIVE OF THE LEGAL THEORY OR CLAIM PURSUANT TO WHICH SUCH LIABILITY ARISES.
The limitations of liability set forth in this Agreement do not apply to the extent otherwise mandated by applicable law that cannot be derogated from in this Agreement.
Amendments; Termination and Suspension
We may modify, supplement or replace the terms of this Agreement, effective upon posting at Site or by otherwise notifying you. By continuing to use the Site or Services after notice of such changes or after such changes have been published on the Site, you thereby consent to such modification and/or amendment to this Agreement.
We may terminate the Site or Services and this Agreement for any or no cause, with or without notice. We may at our sole discretion terminate or suspend your account to the Services at any time, and we may prohibit you from accessing and/or using the Services.
You may terminate use of Services at any time. This Agreement will immediately terminate upon your death or the liquidation, dissolution or discontinuance of DCP in any manner.
DCP may sell a variety of “Products”, including but not limited to, books, t-shirts, apparel, consumer packaged goods, food, drinks, etc. If a Product is defective, or you are unsatisfied with a Product and it is in unused condition, then you may notify DCP as soon as possible, and in no event more than thirty (30) calendar days after receipt of the Product, with a description of the defect or the unused Product you are requesting to refund. DCP will promptly review the return claim and issue a Return Merchandise Authorization (“RMA”) where appropriate. You agree that within ten (10) days of the RMA being issued you will securely package and ship to DCP at the address on the RMA (i) the Product and (ii) a copy of the corresponding RMA. As soon as practical after receipt of Product and RMA, DCP shall provide replacement Product (in the case of defects) or a refund (in the case of unused Product less a 15% restocking fee).
Law and Arbitration
This Agreement and any disputes arising out of or relating to the Services (“Disputes”) shall be governed by New York law, excluding conflicts of law principles. Any Disputes shall be resolved by final and binding arbitration before a single arbitrator under the rules and auspices of the in accordance with the then rules and regulations of JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, to be held in Manhattan, NY in English, with a written decision and legal reasoning issued by the arbitrator(s) at either party’s request. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction in Manhattan, NY. The expenses of arbitration (including fees and expenses of counsel) shall be borne in proportion to the arbitration award, including any costs and legal fees incurred in litigation or similar process on any matter that is ultimately determined to be within the scope of this arbitration provision. Judgment upon the award may be entered in any court of competent jurisdiction. This agreement does not foreclose the parties’ attempting to resolve a dispute at any time through voluntary mediation. THE CUMULATIVE LIABILITY OF DCP FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE TOTAL OF AMOUNTS PAID TO DCP BY PLAINTIFF WITHIN THE SIX (6) MONTHS PRECEDING SUCH CLAIM. IN NO EVENT SHALL DCP BE LIABLE TO USERS, MEMBERS, OR ANY OTHER THIRD PARTY FOR ANY INCIDENTAL, INDIRECT SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOST PROFITS, OR THE LIKE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE BEEN DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, VOID OR UNENFORCEABLE. LIMITED LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DCP AND USER AND NEITHER PARTY WOULD PROVIDE OR ACCEPT THE SERVICES WITHOUT SUCH LIMITATIONS AND EXCLUSIONS. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY.
General Terms
Umbrella. All the terms of this Agreement are applicable to all other sites linked to or related to DCP.
Notices. We may notify you via postings on https://www.dial-c.com/, and via email, or any other means of communication to contact information you provide to DCP.
No Waivers. DCP’s failure to act with respect to a breach by you or others does not waive its right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Site Affiliate shall be deemed legally binding on DCP or any Site Affiliate, unless documented in a physical writing, hand signed by a duly appointed officer of DCP.
Severability. If any provision of this Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of this Agreement.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially and you hereby consent to such assignment or delegation in advance. We may also substitute, by way of unilateral novation, effective upon notice to you in lieu of DCP, any third party that assumes our rights and obligations under this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.