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Terms & Conditions

Effective Date: May 1, 2012

 

Terms and Conditions

By using DivorceInTheCity.com “DITC”, you agree to abide and be bound by these Terms of Use and/or any revised version. Any new content or service available on DITC or any modification of existing content or service shall be governed by the Terms of Use, which may be modified or updated from time to time without notice to you. You are responsible for checking the most current version of the Terms of Use at http://www.divorceinthecitycom/terms/ and our privacy policy at http://www.divorceinthecity.com/privacy/.

These Terms of Service set forth the terms and conditions that apply to your use of the DITC website and email content.  By using DITC, you agree to these terms of service just as if you had signed an agreement with DITC. If you do not agree to be bound by these Terms of Service, please discontinue your use of DITC. DITC is provided free of charge to you (unless otherwise indicated.)

The Site is operated by CKC Communications Inc., d/b/a DivorceInTheCity, a New York, New York Corporation.

1.)      OWNERSHIP OF CONTENT

The DITC website may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks and other content. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. DITC makes no representations or warranties that the Content is available, appropriate or legal to access. Except for User Content (as hereinafter defined), all Content posted on or available via this site is owned by DITC or used with authorization. Note that downloading information, data or images from this site does not give you title or other rights to such Content.

No content or other material from this site may be copied, reproduced, distributed, published, entered into a database, modified, transmitted or used in any way to exploit the DITC services, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties.

2.)      USE OF SERVICES

In consideration of your use of DITC, you represent that you are of legal age to form a binding contract, are not a minor under the age of 13, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Although portions of DITC may be viewed simply by visiting the web site, in order to access the Forums and/or receive additional services from DITC you need to register by signing into the DITC newsletter option. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the services offered by DITC. All personal information (which could include email address, account password and any optional information you chose to give to us) must always be promptly updated as soon as it stops being true, complete, accurate, or current. DITC is not responsible for any errors that occurs because of your failure to update this information.

You are responsible for maintaining the confidentiality of your DITC account password and are responsible for all activities that occur under your account. You agree to immediately notify DITC of any unauthorized use of your password or account or any other breach of security. DITC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. DITC reserves the right to refuse service to anyone at any time without notice for any reason.

Conduct of Users

As a condition for accessing and using the site and its forums, you agree that you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Post or catalyze any inappropriate, defamatory, infringing, obscene, or unlawful content;
  • Post comments, email other users or transmit or any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
  • Post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines;
  • Use DITC services in the use of creating email spam (unsolicited email messages), link spam (including unwanted blog comments), splogs (nonsensical or useless websites), screen-scrapes (webpages consisting entirely of keywords and no other useful content) or similar online cybergraffiti that violates the Terms of Use of other blogging software and/or search engines;
  • Download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
  • Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
  • Imply that your opinion, website, service, and/or product is sponsored or endorsed by CKC Communications and its affiliated companies;
  • Create or edit user accounts by automated means or under false or fraudulent pretenses;
  • Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
  • Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
  • Engage in any conduct or to post or share any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files;

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.

In case of any violation of the above, DITC reserves the right to cancel and/or to block you from accessing the Site as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion.

3.)       DITC PRIVACY POLICY

For information about our data protection practices, please see our Privacy Policy at http://www.divorceinthecity.com/privacy.

4.)       PROPRIETARY RIGHTS

You acknowledge and agree that the content and services of DITC contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through DITC’s services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DITC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on DITC.

YOUR RIGHTS

By submitting content to the DITC forum or blog, you represent and warrant that you own the copyright for such content or that you authorized to post the content, including photographs or other audiovisual material, without any restrictions whatsoever. Also, by submitting to the DITC forum or the DITC blog, which are intended to be available to the general public, you grant DITC a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such posts on the DITC forum solely for the purpose of displaying, distributing and promoting DITC. This license terminates when such content is deleted from DITC to which you originally submitted. DITC reserves the right to syndicate your DITC forum posts displayed by you and use that content in connection with any of the services offered by DITC.

DITC has no obligation to monitor this site or any portion thereof. However, DITC reserves the right to review any User Content and remove, delete, or modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. DITC has no obligation to display or post any User Content. DITC shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this site.

5.)      INDEMNIFICATION

You agree to hold harmless and indemnify DITC, and its parent, affiliates, officers, agents, employees, advertisers or partners, from and against any claim by a third party arising from or in any way related to your use of DITC, violation of these Terms of Service or any other actions connected with use of DITC services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, DITC will provide you with written notice of such claim, suit or action.

6.)      LIMITATION OF LIABILITY

You expressly understand and agree that DITC, its parent, affiliates, officers, agents, employees, advertisers or partners, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DITC has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use DITC; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from DITC services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on DITC services; or (v) any other matter relating to DITC services.

Even if DITC, its parent, affiliates, officers, agents, employees, advertisers or partners have been advised of the possibility of such damages, certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

7.)      REPRESENTATIONS, WARRENTIES, DISCLIAMERS

You expressly understand and agree that:

Your use of DITC is at your sole risk. Any material downloaded or otherwise obtained through the use of DITC is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from DITC or through DITC content, website or email newsletters and any services shall create any warranty not expressly stated in the terms of service.

Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).

DITC makes no warranty that (i) DITC will meet your requirements, (ii) DITC services will be uninterrupted, timely, secure, or that the content is error-free, and (iii) the quality of any products, services, information, or other material purchased or obtained by you through DITC services will meet your expectations.

All content and user content on DITC, including the Health Content, is for informational purposes only. The health content – either DITC’s or user-generated -- does not constitute or replace professional medical advice, diagnosis, or treatment. If you have questions regarding a medical condition, always consult your physician or in the case of an emergency, dial 9-1-1.

While DITC prohibits the above conduct in connection with DITC, you understand and agree that DITC may or may not pre-screen its services and forum but shall have the right (yet not the obligation) in its sole discretion to pre-screen, refuse or move any Data captured in DITC or posts made to the discussion forum. You also understand and agree that you nonetheless may be exposed to such conduct and/or content and that you use DITC at your own risk.

Third-Party Content - Links

DITC services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DITC has no control over such sites and resources, you acknowledge and agree that DITC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. These resources, content and services are provided to you "as is" to facilitate your web browsing. You further acknowledge and agree that DITC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8.)      POLICIES REGARDING COPYRIGHT, TRADEMARKS, AND BRAND IDENTITY

It is our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act or other applicable law. You are free to incorporate DITC’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand identities in reviewing the DITC service provided that you reproduce them accurately and in good faith of portraying the service to meet with DITC’s approval. DITC also requires that you attribute each instance properly, for instance, with a URL to the DITC website. By posting to a DITC forum, you authorize DITC to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with DITC’s authorized distribution of the post.

9.)      MODIFICATIONS

DITC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, DITC (or any part thereof) with or without notice. You agree that DITC shall not be liable to you or to any third party for any modification, suspension or discontinuance of DITC services.

10.)    TERMINATIONS

You can cancel your DITC account at any time when you are logged into your DITC account by going to your account preferences.

You also understand that failure to comply with DITC’s Terms of Use agreement will result in an immediate termination of your account, without warning.

DITC may at any time and for any reason, including a period of account inactivity, terminate your access to DITC services, terminate this Terms of Use, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account. DITC will notify you via email of any such termination or cancellation, which shall be effective immediately upon DITC’s delivery of such notice.

11.)   ADVERTISEMENTS, DISTRIBUTORS, AFFILIATES

DITC reserves the right to determine the manner, mode and extent of advertising on its website and in its content services which will be subject to change. You agree that DITC shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of you clicking on such advertisement or as the result of the presence of such advertisers on DITC’s services.

DITC may choose to enter into a relationship for the purpose of re-selling third-party services. DITC reserves the right to determine the manner, mode and extent of such services which will be subject to change. You agree that DITC shall not be responsible or liable for any loss or damage of any sort incurred by you electing to sign up for a third-party service offered through DITC.

12.)   NO THIRD PARTY BENEFITS

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to the Terms of Use.

13.)   GENERAL INFORMATION

Third-Party. DITC services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DITC has no control over such sites and resources, you acknowledge and agree that DITC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DITC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Choice of Law and Forum. The Terms of Use and the relationship between you and DITC shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and DITC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Manhattan, New York.

Waiver and Severability of Terms. The failure of DITC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of DITC services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.

CONTACT INFORMATION:

CKC Communications Inc., d/b/a/ Divorce in the City, is a New York Corporation located at 76 Laight St., New York, NY 10013.  212-219-9188.

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