Terms and Conditions
2. USE OF THE APPLICATION AND/OR WEBSITE
You agree not to circumvent, disable or otherwise interfere with the security-related features of the Application and/or Website or the Services found at the Application and/or Website (including without limitation those features that prevent or restrict use or copying of any Distinct Content) or enforce limitations on the use of the Application and/or Website or the Services found at the Application and/or Website or the Distinct Content therein.
You may not use the Application and/or Website in any manner that: (i) imposes an unreasonable or disproportionately large load on the Application and/or Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Application and/or Website; (ii) introduces a virus or other harmful component to the Application and/or Website; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Application and/or Website and (vi) results in the harvesting of any information concerning other users of the Application and/or Website.
Distinct may change, suspend or discontinue any aspect of the Application and/or Website at any time, including the availability of any Application and/or Website feature, or content. Distinct may also impose limits on certain features and services or restrict your access to parts or the entire Application and/or Website without notice or liability.
You are responsible for maintaining the confidentiality of your account and password. You may not share your password with third parties. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
3. ACCOUNT HOLDER REGISTRATION
4. RULES OF CONDUCT
You acknowledge and agree that:
- You will not impersonate another User or any other person or entity without their express prior written consent.
- You will not collect or harvest (or permit anyone else to collect or harvest) any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use the Application and/or Website, or the Services found at the Application and/or Website in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of the Application and/or Website or the Services found at the Application and/or Website;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Distinct or Distinct’s Services.
- You will not copy or distribute any Distinct Content or Services found at the Application and/or Website, except where expressly authorized in writing by Distinct.
- You will not share your Account password with any third party, except as otherwise expressly permitted in writing by Distinct.
- You will not modify or alter any part of the Application and/or Website or the Services found at the Application and/or Website or any of its related technologies.
Distinct reserves the right to modify, change, or discontinue any aspect of the Application and/or Website or the Services found at the Application and/or Website, including without limitation prices and fees for the same, at any time.
The Application and/or Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Application and/or Website to other web sites maintained by third parties, do not constitute an endorsement by Distinct or any of its affiliates of any third party web Application and/or Website or content. Distinct is not responsible for the availability of these third party resources or their contents and in no event shall any reference to any third party, third party website or product be construed as an endorsement or approval. You should direct any concerns regarding any external link to its web Application and/or Website administrator or webmaster.
6. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY
USE OF THE APPLICATION AND/OR WEBSITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF DAMAGES FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE APPLICATION AND/OR WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL DISTINCT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM: (1) THE APPLICATION AND/OR WEBSITE OPERATING UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE APPLICATION AND/OR WEBSITE; (3) THE VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) INACCURATE APPLICATION AND/OR WEBSITE CONTENT.
IN NO EVENT SHALL DISTINCT BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE APPLICATION AND/OR WEBSITE.
IN NO EVENT SHALL DISTINCT, ITS VENDORS OR ANY OTHER ENTITY AFFILIATED WITH DISTINCT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, OR LOSS OF USE) ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE APPLICATION AND/OR WEBSITE, USE OF ANY APPLICATION AND/OR WEBSITE SERVICE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY DISTINCT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DISTINCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF DISTINCT IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE TOTAL LIABILITY OF DISTINCT, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE APPLICATION AND/OR WEBSITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE APPLICATION AND/OR WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO DISTINCT IN CONNECTION WITH THE APPLICABLE EVENT, OR PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL DISTINCT, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE APPLICATION AND/OR WEBSITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF DISTINCT.
7. INTERNATIONAL USE
We make no representation that information on the Application and/or Website is appropriate or available for use outside the United States. Those who choose to access the Application and/or Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE
You acknowledge that all right, title and interest in and to all content on the Application and/or Website, including all information, data, video, audio, graphics, logos, button icons, software and other materials contained on or that make up the Application and/or Website, is the sole and exclusive property of Distinct, and is protected by U.S. and international copyright laws.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of Distinct without its prior written consent. You may not use any metatags or any other "hidden text" utilizing our name, trademarks, service marks, or trade names without the prior written consent of Distinct. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of Distinct. Any unauthorized use terminates any license or permission granted by Distinct. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Application and/or Website.
All Distinct trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Application and/or Website are the sole and exclusive property of Distinct. You may not copy or use any of Distinct's marks or any marks confusingly similar to Distinct's marks without the prior written consent of Distinct, nor may you use Distinct's marks in any manner that discredits or disparages Distinct. All other trademarks not owned by Distinct that appear on the Application and/or Website are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Distinct.
Except for personally identifiable information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, use of any messaging features and/or ideas you may submit to us, is hereby deemed nonconfidential and nonproprietary, shall become the property of Distinct, and may be used by us for any purpose without restriction or obligation.
9. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any content has been posted on the Application and/or Website in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work(s) claimed to have been infringed;
- A description of the material on the Application and/or Website that is claimed to be infringed 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 us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Distinct's designated Copyright Agent for notice of claims of copyright infringement is: firstname.lastname@example.org
12. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES
The Application and/or Website may contain typographical errors or inaccuracies and may not be complete or current. On the Application and/or Website some products may appear larger or smaller than their actual size. Distinct therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
LAST UPDATED: October 1, 2015