DGW-Terms Of Service (TOS)
- Parent Category: Admin
- Published: Monday, 31 October 2011 11:14
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Terms Of Service (TOS) Agreement
TERMS OF SERVICE (TOS) DGW:
GENERAL AGREEMENT TERMS
All use of this website, DeltaGoldenWings.com, (collectively, this “Site” & DGW) is governed by the following TOS.
This “Site” provides a "Service", and by viewing, browsing, using, accessing, any contents on this “Site” you here by agree to this TOS as a binding legal agreement between you and the “Company”. The “Company” , is defined as DeltaGoldenWings, Inc. and all of its subsidiaries and affiliates including those relating to DeltaGoldenWings.com (DGW). Upon each visit to the website you are agreeing to and are bound by the TOS.
The “Company” provides the "Service" to users for access to online resources, including, documents to view and download, media, links to online "Service" providers, forums, blogs and other content. Some of this content is free to use and others can be purchased.
Your use of this this “Site” and its services including content are provided “As Is”. The “Company” assumes no responsibility for the timeliness or accuracy of the information provided. The “Company” does not offer or render any direct legal advice. Additionally, the “Company” does not offer or render any direct financial or real estate advice. The use of the "Service" is obtained through the internet and you must obtain the equipment and pay any service fees independently for any connections.
Your use of the "Service" is at your sole risk and is provided on an “As Is” and “As Available” basis.
REGISTRATION, PRIVACY and SECURITY
If as a requirement for Create Account (Registration) that you must be a Member or Active Member of the DeltaGoldenWings.com (DGW), & if you are discovered or determined to be a Non-Member or an Non-Active Member, then you must not Login & you will be responsible for any & all legal fees associated with remedying that False Registration incurred by the website owners. Additionally, you hereby agree that you will only register to Create Account once & not multiple times. Administration Users however, may have several accounts & can register multiple times.
You agree not to use the "Service" for commercial purposes. You are responsible for all content , including data, text, media (photos etc) that you make available to the "Service". You agree that the “Company” is not liable in any way for any content or for any loss or damages of any kind.
You further agree NOT to use the "Service" to:
Upload content deemed abusive, deceptive, hateful, obscene, threatening, vulgar or otherwise objectionable
Upload content that contains computer viruses or any code or files designed to harm either software or hardware
To interfere with the "Service" provided by this “Site”
Upload content that is protected by copyright, trade marks, patents or intellectual property rights
Violate any regulations or applicable laws
Upload content that is inappropriate for minors to view
To harm or harass any person or any entity
You further agree NOT to use the "Service" to:
Falsely represent yourself as an Delta Golden Wings Member. If a person falsely registers as an Delta Golden Wings Member that person(s) hereby agrees to cover any and all legal costs related to the discovery and remediation incurred as a result of such false representation. Extensive training, certification and licensing is required to become an Delta Golden Wings Member. To falsely represent oneself as an Delta Golden Wings Member, is to undermine the trust and goodwill amongst the Delta Golden Wings Member community.
Additionally, a person(s) who falsely registers as an Delta Golden Wings Member hereby agrees to being posted onto the Delta Golden Wings Member Imposters "Wall Of Shame" (or such) which is the online area of the DeltaGoldenWings.com (DGW) where Imposters who have registered on this Private website are represented. As part of the Terms Of Services (TOS) registrants agree that if they are discovered to be imposters that they hereby agree to be posted in the areas represented by Delta Golden Wings Member Imposters. They also have agreed to pay for any and all legal issues relating therefrom. The Delta GoldenWings Member Imposters are validated to be Delta Golden Wings Member Imposters and confirmed by a three (3) member committee of the specific airline.
By registering, you agree that DeltaGoldenWings, Inc and DeltaGoldenWings.com (DGW) will be held harmless in all proceedings including but not limited to all discovery and remedies regarding the false representation and registration as an Delta Golden Wings Member issues.
A NO RETURN POLICY
Since it is impossible to return digital goods all sales are final.
MODIFICATIONS TO THE “SERVICE”
The “Company” reserves all rights to modify or discontinue, either temporarily or permanently, the "Service" (or any parts there of) with or without notice and at its sole discretion. You agree that the “Company” shall not be held liable in any way for any third party or any service provider for any and all reasons.
RATES AND PRODUCT PRICING
Subscription Rates including the period of time for which they apply and Product Pricing may be changed at any time, for any reason, at the sole discretion of the “Company”.
This “Site” grants you permission to use and download information on this “Site” for your own non commercial use. You may not reuse content on this “Site” for commercial purposes.
The “Company”, at its sole discretion, may terminate your account and use of the "Service". The “Company” may remove any content provided by you . You further agree that the “Company” and any third party will not be held liable for any termination of your access to the "Service".
The "Service" provides links to other websites and resources. You hereby acknowledge that the “Company” has no control over other websites and the content or the resources provided. You further agree that the “Company” shall not be held responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by any reliance upon any such contents, goods or services made available through the links.
Any interaction with advertisers through the "Service" is solely between you and the advertisers. You further agree that the “Company” shall not be held liable for any loss or damages as a result of your relationship with such advertisers.
LIMITATIONS of LIABILITY
You hereby agree and fully understand that the “Company” and its affiliates and subsidiaries are not to be held liable for any direct or indirect damages whether incidental, special, consequential or exemplary damages. The “Company” shall be held harmless as a result of any and all damages.
If any portion of these Terms of Service is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Service shall continue to be enforceable and valid according to terms contained herein.
Except as expressly provided in a particular "Legal Notice" or other notice on particular pages of the “Site”, these Terms of Service, which hereby incorporate by reference the terms of DeltaGoldenWings, Inc and DeltaGoldenWings.com (DGW), constitute the entire agreement between you and DeltaGoldenWings, Inc and DeltaGoldenWings.com (DGW), superseding all prior agreements regarding this Site.
The failure of DeltaGoldenWings, Inc and DeltaGoldenWings.com (DGW) to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Service or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
YOU AGREE THAT ANY DISPUTE ARISING BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL MANDATORY ARBITRATION IN A LOCATION CHOSEN BY THE COMPANY. ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ACTION PROCEEDINGS OR OTHERWISE.
CANCELLATION OR TERMINATION
JURISDICTION and LIMITATIONS
This “Site” is created and controlled by DeltaGoldenWings, Inc and DeltaGoldenWings.com (DGW) in the State of Georgia, U.S.A. You hereby agree that these Terms of Service will be governed by and construed in accordance with the laws of the United States of America and the State of Georgia, without regard to its conflicts of law provisions. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service. DeltaGoldenWings, Inc and DeltaGoldenWings.com (DGW) makes no claims or assurances that the “Site” is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Service, or services available on or through the “Site” must be filed in a federal or state court located in Atlanta, Georgia within ninety (90) days of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.