Terms of Service
The following Terms of Service apply to the deaffriendly.com web site located at www.deaffriendly.com, and all associated sites linked to deaffriendly.com, including subsidiaries and affiliates. The Site is the property of Deaf Review, LLC ("dba: deaffriendly.com”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
deaffriendly.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. The following describes the terms on which deaffriendly.com offers you access to our services. By using this website, you signify that you are of legal age or are working with a legal guardian to enter into a contract and that you agree to these Terms of Service. As long as you comply with these Terms of Service, deaffriendly.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Welcome to deaffriendly.com. By using deaffriendly.com (Deaf Review LLC, dba: deaffriendly.com) and its related sites, services and tools) (the “Service”) you agree to the following terms with Deaf Review, LLC.
This website, and each of its components, is the copyrighted property of deaffriendly.com and its various third-party providers. Portions of the content found on this website may be owned by third-parties and is the copyrighted work of that third-party. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred or modified without the express written permission of deaffriendly.com and its third-party providers. In addition, the trademarks, logos and service marks displayed on this website (collectively, the "Trademarks") are the registered and/or common law trademarks of deaffriendly.com, its parent, affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of deaffriendly.com or such other party as may own the Trademark.
2.1 These Terms of Service apply to all users of the Service, including both viewers and users who are contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of deaffriendly.com, including but not limited to all products, software and services offered via the deaffriendly.com website. You understand that all information (such as text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials) which you may have access to are the sole responsibility of the person from which such Content originated.
2.1 When you give us Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
2.3 deaffriendly.com reserves the right to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any service or tool.
3. Using deaffriendly.com
deaffriendly.com reserves the right to discontinue any aspect of the Service at any time.
Subject to the restrictions set forth herein, you shall not:
- use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using our sites, services, or tools
- post false, inaccurate, misleading, defamatory or libelous content (including personal information)
- take any action that may undermine the feedback or ratings system (e.g. display, import or export Facebook information off sites or use it for non-deaffriendly.com-related purposes)
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters or pyramid schemes
- spread any virus or technologies that may harm deaffriendly.com infrastructure, or the interests or property of deaffriendly.com users
- copy, modify or distribute rights or content from the deaffriendly.com sites, service or tools or deaffriendly.com's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the deaffriendly.com 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. Notwithstanding the foregoing, deaffriendly.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. deaffriendly.com 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, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
4. User Accounts
4.1 In order to access some features of the Service, you may have to create a deaffriendly.com account, should deaffriendly.com, in its sole discretion, enable account creation. 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 deaffriendly.com immediately of any breach of security or unauthorized use of your account.
4.2 Although deaffriendly.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of deaffriendly.com or others due to such unauthorized use.
5. Links to third-party sites
The links in this area will let you leave deaffriendly.com’s site. These linked sites are not under deaffriendly.com’s control, and as such not the responsibility of deaffriendly.com for contents of the linked site, or links contained within the linked site, or changes or updates, or webcasting or any other form of transmission. Inclusion of third-party links does not immediately imply endorsement by deaffriendly.com.
6. EXCLUSION OF WARRANTY
deaffriendly.com AND ANY THIRD-PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS AND MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. deaffriendly.com MAY MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE INFORMATION AT ANY TIME WITHOUT ANY PRIOR NOTIFICATION. deaffriendly.com’S LIST AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. deaffriendly.com WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE deaffriendly.com'S COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Although we strive to provide on this website the latest developments relating to our content and other information about deaffriendly.com, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays.
7. Limitation of Liability
7.1 Subject to overall provision in the paragraph “Your User Agreement” above, you expressly understand and agree that deaffriendly.com, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(A) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(B) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(I) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(II) Any changes which deaffriendly.com may make to the services, or for any cessation in provision of services (or features with services);
(III) The omission of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or via your use of deaffriendly.com services;
(III) Your failure to provide deaffriendly.com with accurate account information;
(IV) Your failure to keep your password or account details secure and confidential;
7.2 Users of the Service understand that deaffriendly.com provides a forum for the ratings, opinion and comments of other users, and is not responsible for any ratings, opinions or comments posted by the users. Users of the Service agree that deaffriendly.com shall not be liable to users of the Service or any third party for any claim of libel, slander, false advertising, unfair competition or other contractual, tortious or statutory liability based in whole or in part on the content of the deaffriendly.com Service. Users agree that deaffriendly.com has no obligation to censor or otherwise police the content of the Service.
7.3 The limitations on deaffriendly.com’s liability to you in paragraph 6.1 and 6.2 above shall apply whether or not deaffriendly.com has been advised of or should have been aware of the possibility of such losses occurring.
8. Digital millennium copyright act
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- deaffriendly.com's designated Copyright Agent to receive notifications of claimed infringement is [email@example.com]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to deaffriendly.com’s customer service [firstname.lastname@example.org]. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court sitting in Washington State, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, deaffriendly.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at deaffriendly.com's sole discretion.
9. Your Privacy and Personal Information
9.2 You agree to the use of your data in accordance with deaffriendly.com’s privacy policies.