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names and trademarks of third parties
that are used herein for the purposes
of comment, criticism or parody are used
only for the purpose of parody and identification.
No sponsorship, affiliation or endorsement
by or with those third parties exists
or should be implied.
Terms
& Conditions
1.
Your Acceptance
BY
USING OR VISITING THIS WEBSITE (together
with all Content available through the
Destination Creation.com domain name and
other sites owned, operated or controlled
by Destination Creation, Inc., the "Website"),
OR SUBMITTING CONTENT TO THIS WEBSITE,
YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS
AND CONDITIONS (the "Terms &
Conditions"), AND (2) Destination
Creation'S PRIVACY POLICY at www.Destination
Creation.com/privacy.html. In addition,
if you submit Content through any program or application, you signify your assent to their
additional terms & conditions. These
Terms & Conditions apply to all users
of the Website. If you do not agree to
these Terms & Conditions, the Privacy
Policy, or the Terms & Conditions
for any program or application, then please do not use
the Website.
2.
Links
The
Website may contain links to third party
websites that are not owned or controlled
by Destination Creation. Destination Creation
is not affiliated with those websites,
has no control over, and assumes no responsibility
for, the content, privacy policies, or
practices of any third party websites.
In addition, Destination Creation will
not and cannot censor or edit the content
of any third-party site. By using the
Website, you expressly release Destination
Creation from any and all liability arising
from your use of any third-party website.
Accordingly, we encourage you to be aware
when you have left the Website and to
read the terms and conditions and privacy
policy of each other website that you
visit.
3.
Website Access
1. Destination Creation hereby grants
you permission to use the Website, provided
that: (i) your use of the Website is solely
for your personal, noncommercial use;
(ii) you will not copy, distribute or
modify any part of the Website without
Destination Creation's prior written authorization;
(iii) you will not send unsolicited or
unauthorized advertisements, spam, chain
letters, etc., (iv) you will not transmit
any Content which contains software viruses,
or other harmful computer code, files
or programs; (v) you will not disrupt
servers or networks connected to the Website;
and (vi) you comply with these Terms &
Conditions.
2. In order to access some features of
the Website, you will have to create an
account. You may never use another's account
without permission. When creating your
account, you must provide accurate and
complete information. You are solely responsible
for the activity that occurs on your account,
and you must keep your account password
secure. You must notify Destination Creation
immediately of any breach of security
or unauthorized use of your account. You
will be liable for any use made of your
account or password and the losses of
Destination Creation or others due to
such unauthorized use. Destination Creation
will not be liable for your losses caused
by any unauthorized use of your account.
3. You agree not to use or launch any
automated system, including without limitation,
"robots," "spiders,"
and "offline readers," that
accesses the Website in a manner that
sends more request messages to the Destination
Creation servers in a given period of
time than a human can reasonably produce
in the same period by using a conventional
on-line web browser. Destination Creation
grants the operators of public search
engines permission to use spiders to copy
materials from the Website for the sole
purpose of creating publicly available
searchable indices of the materials, but
not caches or archives of such materials.
Destination Creation reserves the right
to revoke these exceptions either generally
or in specific cases. You agree not to
collect or harvest any personally identifiable
information, including account names or
e-mail addresses, from the Website, nor
to use the communication systems provided
by the Website for any commercial solicitation
purposes. You agree not to solicit, for
commercial purposes, any users of the
Website with respect to their User Submissions
(as defined below).
4. Destination Creation has the right
to terminate your access to the Website,
in its sole discretion, immediately and
with or without cause.
4.
Intellectual Property Rights
The
content on the Website, including all
User Submissions, including without limitation,
the text, software, scripts, graphics,
photos, sounds, music, videos and interactive
features ("Content") and the
trademarks, service marks and logos contained
therein ("Marks"), are owned
by or licensed to Destination Creation.
Content on the Website is provided to
you "AS IS" for your information
and personal use only and may not be used,
copied, distributed, transmitted, broadcast,
displayed, sold, licensed, reverse engineered,
de-compiled, or otherwise exploited for
any other purposes whatsoever without
Destination Creation's prior written consent.
Destination Creation reserves all rights
not expressly granted in and to the Website.
If you download or print a copy of the
Content for personal use, you must retain
all copyright and other proprietary notices
contained therein. You agree not to circumvent,
disable or otherwise interfere with security-related
features of the Website or features that
prevent or restrict use or copying of
any Content or enforce limitations on
use of the Website.
5.
User Submissions
1. The Website facilitates the submission
of media, information or other Content
by you and other users ("User Submissions")
and the hosting and publishing of such
User Submissions. You understand that
whether or not such User Submissions are
published, Destination Creation does not
guarantee any confidentiality with respect
to any User Submissions. Destination Creation
has complete discretion whether to accept
or reject your User Submission(s), or
to transfer your User Submission from
one Destination Creation program to another
program or portion of the Website. You
may submit your User Submissions to the
Website or through your Membership Profile.
2. You shall be solely responsible for
your own User Submissions and the consequences
of posting or publishing them. You represent
and warrant that: (i) you own or have
the necessary rights and permissions to
use and authorize Destination Creation
to use all copyright, trademark or other
proprietary rights in and to any User
Submissions to enable inclusion and use
thereof as contemplated by the Website
and these Terms & Conditions; and
(ii) you have the written consent and/or
permission of each and every identifiable
individual person in the User Submission
to use their name or likeness as contemplated
by the Website and these Terms & Conditions.
3. You retain all of your ownership rights
in your User Submissions. However, by
submitting the User Submissions to Destination
Creation, you hereby grant Destination
Creation, in addition to any other rights
which it has pursuant to any other program
established by Destination Creation, a
worldwide, non-exclusive and transferable
license to use, copy, prepare derivative
works of (including without limitation,
to rename, edit, shorten, split the videos
into different segments, and use the entire
video or segments as part of compilations),
display, and perform the User Submissions
in connection with the Website and Destination
Creation's (and its successor's) business,
including without limitation to grant
access to the Website to third parties
to view the User Submission (and derivative
works thereof). With regard to User Submissions
submitted under the any program or application
or not submitted under any other special
program, you may notify Destination Creation
to remove the User Submission from the
Website, and Destination Creation will
do so within a reasonable time period,
at which point the foregoing license to
Destination Creation will terminate, not
including any agreed to interviews and
articles granted to Destination Creation..
4. You also hereby grant each user of
the Website or other viewer of the User
Submission a non-exclusive right to use,
reproduce, distribute, prepare derivative
works of, display and perform such User
Submissions, all for non-commercial and
personal use.
5. You agree that you will not: (i) submit
material that is copyrighted, protected
by trade secret or otherwise subject to
third party proprietary rights, including
privacy and publicity rights, unless you
are the owner of such rights or have permission
from their rightful owner to post the
User Submission and to grant Metacafe
all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations
that could damage Destination Creation
or any third party; (iii) submit material
that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive,
or encourages conduct that would be considered
a criminal offense, give rise to civil
liability, violate any law, or is otherwise
inappropriate; or (iv) misidentify yourself
in submitting the User Submission or misstate
your true identity. Destination Creation
does not endorse any User Submission or
any opinion, recommendation, or advice
expressed therein, and Destination Creation
expressly disclaims any and all liability
in connection with User Submissions.
6.
You understand that when using the Website,
you will be exposed to User Submissions
from a variety of sources, and that Destination
Creation is not responsible for the accuracy,
usefulness, safety, or intellectual property
rights of or relating to such User Submissions.
You may be exposed to User Submissions
that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive,
and hereby do waive, any legal or equitable
rights or remedies you may have against
Destination Creation with respect thereto,
and agree to indemnify and hold Destination
Creation, its owners, affiliates, employees,
agents and/or licensors, harmless to the
fullest extent allowed by law regarding
all matters related to your use of the
Website. You acknowledge that access to
certain Content which may be available
through the Website and which depict violence,
or contain images of nudity, sexual acts,
or other sexual material ("Mature
Content") is permitted only if you
are over the minimum age applicable in
your jurisdiction (often but not necessarily
18 or 21).
6B.
Copyright and Content Policy
Destination
Creation respects the intellectual property
rights of others, and requests you to
do the same. Destination Creation does
not permit copyright infringing activities
and infringement of intellectual property
rights on its Website, and Destination
Creation will remove all Content if properly
notified that such Content infringes on
another's intellectual property rights.
Destination Creation reserves the right
to remove Content without prior notice.
6C.
Destination Creation will also terminate
a User's access to the Website, if they
are determined to be a repeat infringer.
Destination Creation may remove such Content
and/or terminate a User's access for uploading
such Content in violation of these Terms
& Conditions at any time, without
prior notice and at its sole discretion.
7.
Warranty Disclaimer
YOU
AGREE THAT YOUR USE OF THE WEBSITE SHALL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, DESTINATION CREATION,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. DESTINATION CREATION
MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF
THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY
FOR ANY (I) MISTAKES OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE RESULTING FROM YOUR USE OF THE
WEBSITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM
THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT ON OR VIA THE WEBSITE.
DESTINATION CREATION DOES NOT WARRANT,
ENDORSE OR ASSUME RESPONSIBILITY FOR ANY
CONTENT, OR PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE
WEBSITE OR FEATURED IN ANY ADVERTISING,
AND DESTINATION CREATION WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES.
8.
Limitation of Liability
IN
NO EVENT SHALL DESTINATION CREATION, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY
(I) CONTENT, INCLUDING ANY MISTAKES OR
INACCURACIES THEREIN, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED USE OF OUR SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY
CONTENT ON OR VIA THE WEBSITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT DESTINATION CREATION IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
YOU
SPECIFICALLY ACKNOWLEDGE THAT DESTINATION
CREATION SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
9.
Indemnity
You
agree to defend, indemnify and hold harmless
Destination Creation, its affiliates,
and their respective officers, directors,
employees and agents, from and against
any and all claims, damages, obligations,
losses, liabilities, costs and expenses
(including but not limited to attorney's
fees) arising from: (i) your use of the
Website; (ii) your violation of these
Terms & Conditions; (iii) your violation
of the terms which apply to your User
Submission; (iv) your violation of any
third party right, including without limitation
any copyright, property, publicity or
privacy right; or (v) any claim that one
of your User Submissions caused damage
to a third party. This defense and indemnification
obligation will survive these Terms &
Conditions and your use of the Website.
10.
Ability to Accept Terms & Conditions
You
affirm that you are either more than 18
years of age or possess legal parental
or guardian consent to enter into these
Terms & Conditions, and to comply
with these Terms of Use. In any case,
you affirm that you are over the age of
13, as the Website is not intended for
children under 13. If you are under 13
years of age, then please do not use the
Website-there are lots of other great
web sites for you. Talk to your parents
about what sites are appropriate for you.
11.
Assignment
These
Terms & Conditions, and any rights
and licenses granted hereunder, may not
be transferred or assigned by you, but
may be assigned by Destination Creation
without restriction.
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