DFWCMUD and its affiliates provide their services to you subject to the following
conditions. If you visit or shop at DFWCMUD, you accept
these conditions. Please read them carefully. In addition, when you use
any current or future DFWCMUD service or visit or purchase
from any business affiliated with DFWCMUD, whether or not
included in the DFWCMUD Web site, you also will be subject
to the guidelines and conditions applicable to such service or business.
ELECTRONIC COMMUNICATIONS
When you visit DFWCMUD or send e-mails to us, you
are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy
any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of DFWCMUD or its content
suppliers and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property
of DFWCMUD and protected by U.S. and international copyright
laws. All software used on this site is the property of DFWCMUD
or its software suppliers and protected by United States and international
copyright laws.
LICENSE AND SITE ACCESS
DFWCMUD grants you a limited license to access and make
personal use of this site and not to download (other than page caching)
or modify it, or any portion of it, except with express written consent
of DFWCMUD. This license does not include any resale or
commercial use of this site or its contents; any collection and use of
any product listings, descriptions, or prices; any derivative use of this
site or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots,
or similar data gathering and extraction tools. This site or any portion
of this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express
written consent of DFWCMUD. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of DFWCMUD
and our affiliates without express written consent. You may not use any
meta tags or any other "hidden text" utilizing DFWCMUD's
name or trademarks without the express written consent of DFWCMUD.
Any unauthorized use terminates the permission or license granted by DFWCMUD.
You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of DFWCMUD so long as the link
does not portray DFWCMUD, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any DFWCMUD logo or other proprietary
graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access
to your computer, and you agree to accept responsibility for all activities
that occur under your account or password. DFWCMUD does
sell products for children, but it sells them to adults, who can purchase
with a credit card. If you are under 18, you may use DFWCMUD
only with involvement of a parent or guardian. DFWCMUD and
its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions,
ideas, comments, questions, or other information, so long as the content
is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation. You may not use
a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of content. DFWCMUD reserves the
right (but not the obligation) to remove or edit such content, but does
not regularly review posted content. If you do post content or submit
material, and unless we indicate otherwise, you grant DFWCMUD
and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant DFWCMUD
and its affiliates and sublicensees the right to use the name that you
submit in connection with such content, if they choose. You represent
and warrant that you own or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any
person or entity; and that you will indemnify DFWCMUD or
its affiliates for all claims resulting from content you supply. DFWCMUD
has the right but not the obligation to monitor and edit or remove any
activity or content. DFWCMUD takes no responsibility and
assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
DFWCMUD and its affiliates respect the intellectual property
of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from DFWCMUD are made pursuant
to a shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.
REFUND POLICY
Should DFWCMUD fail to render services, for which they have been paid, DFWCMUD will provide a timely refund. These include, but are not limited to; ad space, event notifications, hyperlinks on a profile, and band profile listings.
OTHER BUSINESSES
Parties other than DFWCMUD and its subsidiaries
operate stores, provide services, or sell product lines on this site.
In addition, we provide links to the sites of affiliated companies and
certain other businesses. We are not responsible for examining or evaluating,
and we do not warrant the offerings of, any of these businesses or individuals
or the content of their Web sites. DFWCMUD does not assume
any responsibility or liability for the actions, product, and content
of all these and any other third parties. You should carefully review
their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY DFWCMUD ON AN "AS IS"
AND "AS AVAILABLE" BASIS. DFWCMUD MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DFWCMUD
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. DFWCMUD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM DFWCMUD ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. DFWCMUD WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL 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 MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting DFWCMUD, you agree that the laws of
the state of Texas, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute of any sort that might
arise between you and DFWCMUD or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to DFWCMUD
or to products you purchase through DFWCMUD shall be submitted
to confidential arbitration in Dallas, Texas, except that, to the extent
you have in any manner violated or threatened to violate DFWCMUD's
intellectual property rights, DFWCMUD may seek injunctive
or other appropriate relief in any state or federal court in the state
of Texas, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under the
rules then prevailing 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
arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These
policies also govern your visit to DFWCMUD. We reserve the
right to make changes to our site, policies, and these Conditions of Use
at any time. If any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be deemed severable
and shall not affect the validity and enforceability of any remaining
condition.
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