These terms of use defines the terms and conditions applicable to your use of services offered by DRK Enterprises Inc (DRK) available under the domain and sub-domains of MyLEDLightingGuide.com (the "Site"). To help you understand some of the legal language used in this document, keep in mind that MyLEDLightingGuide.com, "we," "us" and "our" all refer to MyLEDLightingGuide.com and its parent company, DRK Enterprises Inc. The terms "User" "you" and "your" are used to refer to the party who is using MyLEDLightingGuide.com to find information about or to purchase LED Lighting and LED Lights.
1. ACCEPTANCE OF TERMS
DRK provides the Site to you, subject to the following Terms of Use ("TOU"). DRK currently lists LED Lighting Products on the MyLEDLightingGuide.com website. Unless explicitly stated otherwise, any new features that augment or enhance the current Site, including the offering of any services on the Site, shall be subject to the TOU. BY USING OUR SITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THE TOU. IF YOU DO NOT AGREE TO THIS TOU, PLEASE DO NOT USE THE SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TOU FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies, the license of software, and the use of the Site. By using the Site, you agree to such terms and conditions as well.
2. MODIFICATIONS TO SITE
DRK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that DRK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
3. OWNERSHIP OF SITE
This Site, and any associated software, files, data, content, documentation, media, video, blogs, educational material or any other materials made available by DRK (collectively "Content") are the sole property of DRK and it's licensed distrubutors. All elements of the Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Site may only be used for the intended purpose for which the Site is being made available. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of this TOU, the use of any of the Content on any other web site or networked computer environment is prohibited. Content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify any software offered through the Site in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Site or the services thereon. You agree not to access the Site or services thereon by any means other than through the interface that is provided by DRK for use in accessing the Services.
4. USER CONDUCT
You will not use the Site to: 1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2. Impersonate any person or entity, using their email or any other method, including, but not limited to, a DRK official, or falsely state or otherwise misrepresent your affiliation with a person or entity; 3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); 4. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 5. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 6. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Services that are designated for such purpose; 7. Upload, post or otherwise transmit any content that requires membership or payment to access any or all of the content posted. 8. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; 10. Violate any applicable local, state, national or international law, regulation or ordinance; 11. "Stalk" or otherwise harass another; 12. Promote or provide instructional information about illegal or harmful activities.
5. ACCOUNT SECURITY
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.
6. ACCESS & INTERFERENCE
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to DRK by users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any and all measures we may use to prevent or restrict access to the Site.
7. TERMINATION
You agree that DRK, in its sole discretion, may terminate your password, your access to the Site or use of any other DRK services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if DRK believes that you have violated or acted inconsistently with the letter or spirit of the TOU. DRK may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. Any termination of your access to the Site under any provision of this TOU may be effected without prior notice. Further, DRK shall not be liable to you or any third-party for any termination of your access to the Services.
8. INDEMNITY
You will indemnify, protect, defend and hold DRK, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Site, your violation of the TOU, or your violation of any rights of another.
9. LINKS
The Site may provide, or third parties may provide, links to other websites or resources. DRK is not responsible for the availability of such external websites 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 websites or resources. You further acknowledge and agree that DRK 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 website or resource.
10. DISCLAIMER OF WARRANTIES
Your use of the Site and any Content is at your sole risk. Content is provided for educational purposes only, and you should seek professional advice and consultation before acting on any information gathered while visiting the site. The Site is provided on an "as is" and an "as available" basis. DRK expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing, usage of trade and non-infringement, that the Site will meet your requirements or will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Site will be accurate or reliable, that the quality of the products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, that any errors in the software will be corrected, or that any third party will perform as promised. No advice or information, whether oral or written, obtained by you from DRK or through or from the Site shall create any warranty not expressly stated in the TOU.
11. USER FEEDBACK AND SUBMISSIONS POLICY
Although we welcome your comments and feedback to the Site and our services, except as expressly agreed by DRK, any such submissions, comments, ratings, reviews or feedback will not be considered confidential. DRK cannot guarantee that it or any of its clients, partners, or subsidiaries will respond to your comments, submissions, ratings, reviews or feedback. Notwithstanding the foregoing, if you do send us a submission, comment, rating, review or feedback, you agree not to assert any ownership right of any kind in the submission, comment, rating, review or feedback (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you hereby grant DRK a nonexclusive, perpetual worldwide license to the submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release DRK (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.
12. LIMITATION OF LIABILITY
DRK shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages or loss of profits, goodwill, use, data, or other intangible losses (even if DRK has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site. Further, DRK shall not be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines; telephone or other interconnectivity problems; bugs, errors, configuration problems, or incompatibility of computer hardware or software; failure or unavailability of Internet access, problems with Internet service providers with intermediate computer or communications networks or facilities; problems with data transmission facilities of your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes, acts of God, acts of war or labor disputes. DRK is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site.
13. GENERAL RELEASE
Because DRK is not a manufacturer of LED Lights or any of the products displayed on the site, all warranty claims will be processed exclusively under the warranties and conditions specified by the manufacturers. DRK may act as an agent to help facilitate the warranty claim, at the sole discretion of DRK. If a dispute arises between one or more users of the Site and the manufacturer of the purchased product, you release DRK (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14. NOTICE
Notices to you may be made by e-mail or regular mail. DRK may also provide notices of changes to the TOU, Site or other matters by displaying notices or links to notices to you generally on the Site.
15. GENERAL INFORMATION
The TOU constitutes the entire agreement between you and DRK and governs your use of the Site, superseding any prior agreements between you and DRK. You also may be subject to additional terms and conditions that may apply when you use other DRK services, third-party content or third-party software. The TOU and the relationship between you and DRK shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. The failure of DRK to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect. 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 the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect. You and DRK are independent entities, and no partnership, agency, joint venture, employee-employer or franchise relationship is intended or created by this Agreement.
16. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
In operating the Site, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party Sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. DRK has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. DRK has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of DRK or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Copyright Agent. Please provide the following notice: 1. Identify the copyrighted work or other intellectual property that you claim has been infringed; 2. Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site 3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; 5. Your address, telephone number, and email address; and 6. Your physical or electronic signature. We may give notice to our users of any infringement notice by means of a general notice on any of our Sites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: 1. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
17. COPYRIGHT NOTICE.
All Site design, graphics, text selections, arrangements, content, materials, blogs, videos and all software are Copyright © 2008 - 2012, MyLEDLightingGuide.com, Inc. ALL RIGHTS RESERVED.