DIAL GLOBAL

TERMS OF USE

 

Dial Global (“DG,” “we,” “us,” and “our”) owns and operates this website (this “Site”). 

 

Your Acceptance of These Terms of Use

Your use of this Site constitutes your agreement to comply with and be bound by these Terms of Use.  If you do not agree to these Terms of Use, you may not use this Site. 

 

Questions Concerning These Terms of Use

If you have questions regarding these Terms of Use, please contact us by email at:                          helpdesk@dial-global.com  or by writing us at Dial Global, 8200 S Akron St Suite 103, Centennial, CO 80112, Attention: Director of Infrastructure Services.

 

Effective Date

These Terms of Use are effective as of January 1, 2009.

 

These Terms of Use May Change

We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on this Site.  These changes will be effective as of the date we post the revised version on this Site.  Your use of this Site following any such change constitutes your agreement to be bound by the revised Terms of Use. 

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of this Site. 

 

Ownership, Copyright, and Trademark Matters

This Site, including the software and code that comprise and operate this Site and all of the content of this Site, for example, all of the text, images, illustrations, graphics, audio clips, and video clips published on this Site (collectively, “Content”), are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws.  All of the rights in this Site, including all of the rights in the Content of this Site, are owned by DG, its affiliates, its or their licensors, and other third parties.  The entire Content of this Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and DG owns the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.

Individual users of this Site are permitted to download copies of the information on this Site for their own personal use.  This limited, revocable privilege to use the Content in no way constitutes a transfer of any right, title or interest in the material you download.  You may not, under any circumstances, (a) modify the Content of this Site or use it for any commercial purpose, or for any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble any part of this Site or the Content; or (c) remove any copyright, trademark registration, or other proprietary notices from the Content.  No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from DG.  The use of any materials from this Site on any other website or networked computer environment is prohibited. 

The trademarks and service marks used or displayed on this Site (Trademarks) are registered and unregistered trademarks of DG, its affiliates or other third parties.  Nothing on this Site may be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the Site without the prior express written permission of DG or the trademark owner.  In particular, you may not use any trademark displayed on this Site as a hotlink without the prior written approval of the trademark owner.

           

 

DG Online Privacy Policy

The DG Online Privacy Policy (our “Online Privacy Policy”) describes how DG protects your privacy when you use this Site.  To review highlights of our Online Privacy Policy, click here.  To review the full Online Privacy Policy, click here.  Our Online Privacy Policy is part of and is incorporated in these Terms of Use. 

 

Password Protection

Certain areas of this Site may be password protected.  You are responsible for maintaining the confidentiality of your password.  We have the right to assume that anyone accessing this Site using a password assigned to you has the right to do so.  You will be solely responsible for the activities of anyone accessing this Site using a password assigned to you, even if the individual is not, in fact, authorized by you.  You agree to change your password immediately if you believe your password may have been compromised or used without authorization.

 

Your Comments and Other Submissions

We welcome your comments, feedback, suggestions, reviews, and other communications regarding our products and services and this Site (collectively, “Comments”). 

All Comments submitted to us shall be and remain the exclusive property of DG.  Your submission of Comments will constitute an assignment to DG of all worldwide rights, title and interests in your Comments, including all copyrights and other intellectual property rights in your Comments.  DG will be entitled to reduce to practice, use, copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.

We will not use your Comments in a way that identifies you personally, without your permission.

You agree that you will conduct yourself in a mature manner that lends itself to civil discourse, and that you shall use this Site for lawful purposes only.  You may not post or transmit information or materials that would violate rights of any third party or which contains a virus or other harmful component.  You also may not use language or engage in any activity that is unlawful, threatening, abusive, obscene, indecent, or discourteous.  DG reserves the right to remove or modify anything on the Site at any time, including your Comments.

 

 

DISCLAIMERS

THIS SITE IS PROVIDED ON AN AS IS, AS AVAILABLEBASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, JRN, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DG, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DG, ITS AFFILIATES, THEIR SERVICE PROVIDERS AND LICENSORS, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT PUBLISHED ON THIS SITE, OR ANY PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE.  

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DG, ITS AFFILIATES, OR THEIR SERVICE PROVIDERS AND LICENSORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DG, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  

 

Links to Sites Operated by Third Parties

This Site may provide links to websites operated by third parties.  We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their websites.  We do not assume any responsibility or liability for the actions, product, and content of any such sites.  Before you use any site, you should review the applicable conditions of use and policies. The inclusion of a link in this Site does not imply our endorsement of the site.  If you decide to access linked third-party websites, you do so at your own risk.

 

Interpretation

As used in these Terms of Use, the term “including” means “including, but not limited to.”

 

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right.  All waivers must be in writing.  Unless the written waiver contains an express statement to the contrary, no waiver by DG of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

 

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

 

Governing Law, Jurisdiction and Venue

DG headquarters are located in New York.  These Terms of Use shall be governed under the laws of the State of Colorado without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Denver, Colorado.  You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

 

Entire Agreement 

These Terms of Use contain the entire understanding and agreement between you and DG with respect to the matters covered under these Terms of Use and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and DG with respect to this Site and your use of this Site.