The
SacrificialLamb.com
WEBSITE
TERMS OF USE AND BLOGGER’S AGREEMENT
PLEASE
READ THESE TERMS AND CONDITIONS OF USE (“TERMS”)
CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS
CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS
SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET
FORTH BELOW, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED
PAGES OR MATERIALS.
This
Website (the “Site”) with a home page at Http://
www.thesacrificiallamb.com is owned and operated by DLI GLOBAL
ENTERPRISES, INC. (“DLI”). The pages and materials
contained on this Site are the property of DLI or are owned
by a third-party and are used by DLI under license. DLI reserves
the right at its sole discretion to change, modify, add, or
remove any portion of this Site or these Terms, in whole or
in part, at any time and for any reason. Changes to these
Terms will be effective upon posting. You agree to review
these Terms periodically to be aware of any changes. Your
continued use of this Site after any changes to the Terms
will be considered acceptance of those changes. These Terms
govern your use of this Site. In the event that you do not
comply with these Terms, DLI may, at its sole discretion and
without notice, block or restrict your access to this Site
and/or pursue legal action against you for any alleged or
actual violation of these Terms or governing law.
INDEMNITY
AND LIMITATIONS OF DAMAGES
You
agree to fully indemnify, defend and hold harmless DLI, its
officers, directors, employees, agents, licensors, suppliers
and any third-party information providers to the Site against
any and all losses, expenses, damages and costs, including
reasonable attorneys’ fees, incurred in relation to,
arising from, or for the purpose of avoiding, any claim or
demand from a third-party that your use of the Site violates
these Terms, any applicable law or regulation, or the rights
of any third-party.
In
no event shall DLI or any of its officers, directors, members,
shareholders, attorneys, subsidiaries, or employees be liable
to any entity for any direct, indirect, special, consequential
or other damages (including, without limitation, any lost
profits, business interruption, loss of information or programs
or other data on your information handling system) that are
related to the use of, or the inability to use, the content,
materials, and functions of the site or any linked website,
even if DLI is expressly advised of the possibility of such
damages.
If
You are a California resident, You waive California Civil
Code Section 1542, which says "A general release does
not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release,
which, if known by him must have materially affected his settlement
with the debtor."
PERMITTED
USES
Any
person is hereby authorized to view the information available
on the Site for noncommercial informational purposes only.
However, the text, images, music, video and other materials
resident on this Site may not otherwise be copied, modified,
distributed, reproduced or reused without the express written
permission of DLI or otherwise permitted herein.
You
acknowledge and agree that all materials contained on or at
the Websites are proprietary and constitute valuable copyright,
trademark and other intellectual property rights owned by
DLI or others who have licensed or authorized use of such
materials to DLI. You acknowledge and agree that as such you
may only access, view, download, receive and otherwise use
the materials available at the Websites only as authorized
by DLI as stated herein.
You
acknowledge that you understand that DLI does not authorize
access to any part of the Websites or its network servers
or databases in any manner contrary to the express provisions
of this Agreement.
POSTING
CONTENT TO THE SITE
You
agree and acknowledge that you will only post or upload Content,
including but not limited to information, photos, text, pictures,
illustrations, data, etc. (“Content”) to the Site
that you are the sole and exclusive copyright owner of. You
agree and acknowledge that you are over the age of 18 years
of age and that you have the legal right to publish the Content
to the Site. You warrant and represent that You own or control
100% of the Content that You post or upload (or cause to be
posted or uploaded) to the Site. You further agree that you
have the legal right to license the Content to DLI according
to the terms as stated herein.
You
agree and do hereby grant DLI an unrestricted right and perpetual
license to use the Content and to license, sub-license, assign,
and sub-assign the right to use the Content to any third-party
at any time for any reason and in any medium in perpetuity.
The rights granted to DLI herein include the unrestricted
right to reproduce, distribute, make derivative works from,
publicly display and publicly perform any and all such Content
throughout the Universe in perpetuity and in any medium or
format now known or later discovered.
You
warrant and represent that you have the full right, power,
and authority to grant all rights granted herein, and that
said rights are not under nor will be under, any disability,
restriction or prohibition. You further warrant and represent
that there shall be no liens, claims or other interests which
may interfere with, impair or be in derogation of the rights
granted herein.
You warrant and represent that neither DLI nor any other party
shall be required to make any payment of any nature for, or
in connection with, the acquisition, exercise or exploitation
of any right granted pursuant to this Agreement;
You warrant and represent that neither any portion of the
Content nor any other material supplied by You to the Site
will violate or infringe upon any common law or statutory
right of any person, firm or corporation including, without
limitation, contractual rights, copyrights, moral rights,
trademarks, trade secrets, and rights of privacy and publicity.
You warrant and represent that neither any portion of the
Content nor any other material supplied by You to the Site
will be considered indecent, obscene, pornographic, offensive
or otherwise objectionable or illegal Content. You agree that
you will not provide any false, misleading, or inaccurate
information to the Site or DLI.
You
hereby agree to indemnify DLI, and its successors, distributors,
sub-distributors, licensees, and assigns, and any respective
officers, directors, members, agents, attorneys and employees
of each of the foregoing, from and against any claims contrary
to this agreement and any damages, liabilities, costs and
expenses, including reasonable attorneys' fees, arising out
of or in any way connected with any claim, demand or action
inconsistent with this Agree¬ment or any warranty, representation
or agreement made by You herein.
LINKING
TO THE SITE
Linking
to any of the DLI websites indicates that you accept DLI’s
Terms of Use and legal restrictions and that you will abide
by the guidelines herein. If you do not accept these terms
and agree to abide by these guidelines, you are not authorized
to link to this Site.
If
you link to DLI's Site, you agree that you:
- Will not copy or otherwise replicate any DLI Site content;
- Will not frame or otherwise create a browser or border environment
around DLI Site content;
- Will not imply that DLI is endorsing you, your company or
business, your web site or its contents, your products, or
your services;
- Will not misrepresent you or your website's relationship
with DLI;
- Will not present false, misleading or inaccurate information
about DLI, DLI's products or services, or any of DLI's affiliates
or their products or services;
- Will not use DLI's trademarks, logos, or copyrighted materials
without first receiving express prior written permission from
DLI;
- Will not link to an internal page of this Site that is located
one or several levels down from the home page or bring up
or present content of this site on another site without DLI's
prior written permission.
LIMITED
LICENSE
DLI
grants you a non-exclusive, non-transferable, limited right
to access, use and display this Site and the materials thereon;
provided, however, that you comply with these Terms [see PERMITTED
USE]. You agree not to disrupt, interrupt or attempt to interrupt
the operation of the site in any way. You agree not to change
or delete any proprietary notice or watermark from materials
downloaded from the Site. You agree to comply with all trademark,
copyright and other intellectual property laws worldwide in
your use of this Site and to prevent any unauthorized copying
of the materials and information contained on this Site. Except
as expressly provided herein, DLI does not grant any express
or implied right to you regarding any patents, trademarks,
copyrights or trade secret information [see INTELLECTUAL PROPERTY].
DISCLAIMER
DLI
CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE
FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION
OR VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE THAT
CAN MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU
ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO
SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA
AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE WEBSITE.
THE
MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN
FACTUAL OR TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS.
DLI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS
OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU
ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE,
STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE
RISK. DLI RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT
ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. DLI MAY
MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE
PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED
IN THE SITE AT ANY TIME WITHOUT NOTICE. HOWEVER DLI IS UNDER
NO OBLIGATION AT ANY TIME TO MAKE ANY CHANGES OR CORRECTIONS
TO ANY INFORMATION ON THE SITE.
THIS
SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED
“AS IS” AND DLI DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING,
WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE,
INFORMATION OR SERVICE PROVIDED THROUGH THE SITE AND DLI SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS
DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THIRD-PARTY
WEBSITES
Some
links on this Site may cause you to leave the DLI Site. If
you decide to visit any linked site, you do so at your own
risk and it is your responsibility to take all protective
measures to guard against viruses or other destructive elements.
DLI does not control the linked sites and is not responsible
for their contents. These links are provided to you for your
convenience and the inclusion of the link does not imply endorsement
of the site by DLI. DLI makes no warranty or representation
regarding any linked sites or the information appearing thereon
or any of the products or services described thereon. Links
do not imply that DLI is affiliated or associated with, or
is legally authorized to use any trademark, trade name, logo
or copyright symbol displayed in or accessible through the
links, or that any linked site is authorized to use any trademark,
trade name, logo or copyright symbol of DLI or any of its
affiliates or subsidiaries.
INTELLECTUAL
PROPERTY
The
trademarks, trade names, logos, service marks, trade dress
and products (collectively the “Trademarks”) displayed
on the Site are registered and unregistered Trademarks of
DLI and others. The trademarks, trade names, logos, service
marks, trade dress and products in this Site are protected
in the United States and internationally.
Nothing
contained on the Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right
to use any Trademark displayed on the Site without the written
permission of DLI or such third-party that may own the Trademarks
displayed on the Site. Your use of the Trademarks displayed
on the Site, or any other content on the Site, except as provided
in these Terms, is strictly prohibited. You are also advised
that DLI will aggressively enforce its intellectual property
rights to the fullest extent of the law.
The
materials of this Site are protected by Copyright and Trademark
Laws of the United States of America and other countries and
are owned by, or licensed to DLI. All content of this Site
is owned, licensed, or controlled by DLI. You may download
content only for temporary display purposes on your computer’s
RAM memory while you are actually viewing the website and
only for your personal use for non-commercial purposes. No
other downloading, use, modification or further reproduction
of any of the content on this website is permitted. The contents
of the Site, including any images, text, executable code,
and layout design may not be distributed, reproduced, publicly
displayed, downloaded, modified, reused, re-posted, or otherwise
used except as provided herein without the express prior written
permission of DLI.
You
may not, for any reason, distribute, modify, duplicate, transmit,
reuse, re-post, or use the content of the Site for public
or commercial purposes, including the text, images, or other
content without DLI’S prior written consent [See PERMITTED
USE].
©
Copyright 2009 DLI Global Enterprises, Inc. All rights reserved.
Copyright in the pages of this website and in the screens
displaying the pages, and in the material contained therein
and in their arrangement, is owned by DLI and/or its affiliates,
unless otherwise indicated. In addition, the materials contained
on this web site may be DLI Proprietary and/or Trade Secret
information and may not be copied, compiled, or distributed
without the prior written consent of DLI, except as provided
herein.
DMCA
DESIGNATED COPYRIGHT AGENT
DLI
deals with alleged copyright violations on its websites in
accordance with the policies and procedures stated herein
and pursuant to the United States Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright
Act (DMCA) of 1998 (17 USC Section 512). Therefore DLI removes
allegedly infringing content under any valid DMCA notification
or court order.
Complaints,
Notices and Counter-Notices of alleged infringement pursuant
to the DMCA should be sent to:
DLI Global Enterprises, Inc.
Attn: DMCA Copyright Agent
Email: Contactus@ThesacrificialLamb.com
Any person who knowingly and materially misrepresents that
activity or content is infringing can be subject to legal
liability under the DMCA and other applicable laws.
DLI
or its affiliates may provide copies of any copyright notices
or counter-notices to the participants in the dispute or to
any other third-parties in DLI’s sole discretion and
as may be required by law. You are encouraged to consult legal
counsel prior to filing a DMCA notification to meet the legal
requirements for filing a claim.
PRIVACY POLICY
We
may collect the domain name, Internet Protocol (IP) address,
and e-mail address of visitors to our Websites, the e-mail
addresses of those who communicate with us via e-mail, aggregate
information on what pages consumers access or visit, name
and address, telephone number, and payment information (e.g.,
credit card number and billing address). We may store cookies
on your computer to improve our services and security for
our users.
The information we collect is used for internal review and
to improve the content of our Websites, to improve security
and customize the content and/or layout of our Site for each
individual visitor, and to provide marketing information to
customers. If you do not want to receive e-mail from us in
the future, please let us know by writing to us at the email
address opt-out@ThesacrificialLamb.com
We
will not sell, rent, or share our mailing list, membership
list, or any other information about visitors to our website
without their express consent. Notwithstanding the foregoing,
we will comply with duly authorized legal subpoenas from law
enforcement or other lawful governmental request seeking information
if we are required by law to provide such information.
Upon
request we offer visitors the ability to have inaccuracies
corrected in contact information, financial information, transaction
information. Consumers can have this information corrected
by writing to us at the above address.
With
respect to security: We have appropriate security measures
in place in our physical facilities to protect against the
loss, misuse or alteration of information that we have collected
from you at our site. Notwithstanding the foregoing, DLI makes
no warranty regarding security or protection of personal or
other data.
PERSONAL
INFORMATION
You
agree to provide correct personal and other information to
us when requested by the website or DLI, and you agree that
you won’t try to misrepresent yourself or otherwise
provide inaccurate information. You agree that you will not
use a “username” that is considered offensive,
infringing, illegal or otherwise inappropriate. You agree
to take caution when providing any personally-identifiable
information in any content, messages, forums. DLI does not
necessarily control, police, or monitor the publication of
any content and expressly declines responsibility in all such
instances.
ACCOUNT
ACCESS
You
are required to take affirmative steps to protect your privacy.
You agree to keep your password secure and confidential at
all times. You agree to accept all responsibility for all
actions that are taken with your account or password. You
agree to notify DLI immediately in the event of a real or
a suspected unauthorized access to your account.
VIEWING
INSIDE THE UNITED STATES OF AMERICA
The
Site is intended to be viewed only from within the United
States of America. DLI makes no warranty or claim that the
Site may be lawfully viewed, accessed, or used outside of
the United States of America. Access or use of the Site may
not be legal by certain persons or in certain nations. If
you access or use the Site from outside of the United States
of America, you do so at your own risk and you are solely
responsible for compliance with all applicable laws including
the laws of your jurisdiction.
ADVERTISING AFFILIATES
DLI
will offer an affiliation program to participating bloggers
in which DLI may pay up to 40% of website advertising revenue
that an affiliate blogger is primarily responsible for obtaining
on behalf of DLI. Bloggers wishing to participate in the DLI
Advertising Affiliate Program should complete and submit an
application for approval to DLI.
GOVERNING
LAW
This
Site is operated and administered from within the United States
of America. Use of this Site shall be governed by all applicable
Federal laws of the United States of America and the laws
of the State of California, without giving effect to its conflict
of laws provisions.
WAIVER
OF CLASS ACTION & BINDING ARBITRATION
You agree no claim subject to these Terms of Service may be
brought as a class action. As part of the consideration that
the Website requires for viewing, using or interacting with
this website, You hereby agree to use binding arbitration
for any claim, dispute, or controversy of any kind (whether
in contract, tort or otherwise) arising out of or relating
to this website and any purchase, product, including solicitation
issues, privacy issues, and Terms of Service issues.
Arbitration shall be conducted pursuant to the rules of the
American Arbitration Association which are in effect on the
date a dispute is submitted to the American Arbitration Association.
Hearing will take place in the city and county of San Francisco,
California.
In no case shall You or customer have the right to go to court
or have a jury trial. Neither you nor any other customer will
have the right to engage in pre-trial discovery except as
provided in the rules; you will not have the right to participate
as a representative or member of any class of claimants pertaining
to any claim subject to arbitration; the arbitrator's decision
will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party
for any and all costs associated with the dispute arbitration,
including attorney fees, collection fees, investigation fees,
travel expenses.
ELECTRONIC
SIGNATURES
You
agree that selecting and submitting “accept” on
the electronic copy of the information or otherwise submitting
content through the website or documents to DLI the same shall
constitute an electronic signature as defined by California’s
Uniform Electronic Transactions Act. Notwithstanding the foregoing
you further agree to waive any and all requirements and protections
provided by the California Uniform Electronic Transactions
Act to You.
ENTIRE AGREEMENT
These
Terms constitute the entire agreement between DLI and you
(the “Agreement”) with respect to your use of
the Site. Any cause of action you may have with respect to
your use of the Site must be commenced within one (1) year
after the claim or cause of action arises. If for any reason
a court of competent jurisdiction finds any provision of the
Terms, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent
of the Agreement, and the remainder of this Agreement shall
continue in full force and effect.
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