Double Encore’s Terms of Service (“Terms”) is effective as of October 1, 2011. Your continued use after such time of Double Encore’s website (the “Site”) shall signify your express acceptance of the Terms. By accessing or using the Site, you signify that you have read, understood, and agree to be bound by the Terms. By clicking any “I Agree” checkbox upon registration with the Site, you also expressly agree to these Terms.
Double Encore reserves the right, at its sole discretion, to change, modify, or otherwise alter the Terms from time to time by updating the Site or any linked information. Unless otherwise provided in such change, modification, or alteration, the updated Terms, or any part thereof, will take effect when they are posted to the Site. If we amend the Terms, we will notify you on the Site when the change takes place. You agree that your continued use of the Site obligates you to review the Terms from time to time for any changes, modifications, or alterations which may occur. If you do not agree to the changes, we are not obligated to keep providing the service and you must cancel and stop using the service before the changes become effective. The most recent version of the Terms may be accessed at: http://www.doubleencore.com/terms-of-service/.
A. By your use of Double Encore’s Site or services, you represent that you are of legal age to form a binding contract and are not a person barred from using Double Encore’s Site or services under the laws of the United States or other applicable jurisdiction. By your use, you agree to: (i) provide true, accurate, current and complete information about yourself in your use of Double Encore’s Site or services; and (ii) maintain and promptly update your information on Double Encore’s Site or services to keep it true, accurate, current and complete. You understand you will be solely responsible for the contents you make available through Double Encore’s Site or services.
B. You will respect Double Encore’s copyrights and trademarks, as well as those of others that may be used on our Site.
C. You will not use Double Encore’s products or services, or this Site illegally or to harm another in any way. You must not: damage, disable, overburden, or impair the service (or any network connected to the service); resell or redistribute the service or any part of it; use any unauthorized means to modify, reroute, or gain access to the service or attempt to carry out these activities; or use any automated process or service to access or use the service. You may be able to access third-party websites or services via the service; you acknowledge that we are not responsible for such websites or services or content that may be available there.
D. You will not illegally duplicate materials from or using our Site or applications or otherwise attempt to circumvent copyright laws governing the use of and protecting the rights of licensed content.
E. You will not attempt to gain unauthorized access to any portion or feature of the Site or applications, or any other systems or networks connected to the Site or to any Double Encore server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
F. You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Double Encore, including any Double Encore account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site or mobile applications we provide.
A. Only you may use your account on the Site. You must keep your accounts and passwords confidential and not authorize any third party to access or use the service on your behalf, unless we provide an approved mechanism for that. You must contact us right away if you suspect misuse of your accounts or any security breach in the service. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account and ensuring that you exit from your account at the end of each session. You agree to immediately notify Double Encore of any unauthorized use of your password or account or any other breach of security. Double Encore cannot and will not be liable for any loss or damage arising from your failure to comply with this subsection.
C. Except for material that we license to you, we don’t claim ownership of the content you provide on the service. Your content remains your content. We also don’t control, verify, or endorse the content that you and others make available on the service.
D. You control what content you publish. If you share content in public areas of the service or in shared areas available to others, then you agree that anyone you’ve shared content with may use that content. When you give others access to your content on the service, you grant them free, non-exclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the service and other products and services made available by Double Encore. If you don’t want others to have those rights, don’t use the service to share your content.
E. Double Encore reserves the right in its sole discretion to refuse, suspend, or terminate your account without prior notice to anyone for any reason or no reason.
A. You agree that all of Double Encore’s trademarks, trade names, service marks and other Double Encore logos and brand features, and product and service names (“Double Encore Marks”) are trademarks and the property of Double Encore. Without Double Encore’s prior permission, you agree not to display or use in any manner Double Encore Marks.
B. You acknowledge and agree that Double Encore and any necessary software used in connection with Double Encore’s Site and its services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in advertisements or information presented to you through Double Encore or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Double Encore or the applicable licensor (such as an advertiser or user), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Double Encore services or software, in whole or in part.
C. You agree not to access Double Encore’s Site or services by any means other than via the interface that is provided or approved by Double Encore for use in accessing the Double Encore Site or services.
D. Double Encore is a Registered Trademark. All Content on this Site is Copyright 2009-2011 All Rights Reserved, Double Encore, Inc.
E. Apple, Macintosh, MacOS X, iPhone, iPod, and iPad are trademarks of Apple, Inc.
F. Additional trademarks are the property of their respective owners.
A. Double Encore respects the intellectual property of others, and we ask our users to do the same. Double Encore may, in appropriate circumstances and at its discretion, suspend, terminate or cancel the accounts of users who may be repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Double Encore’s Copyright Agent the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located on the Site;
iv. your address, telephone number, and email address;
v. 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;
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
B. Double Encore’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. DOUBLE ENCORE’S SITE AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE.
B. DOUBLE ENCORE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) DOUBLE ENCORE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) DOUBLE ENCORE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DOUBLE ENCORE SERVICES OR SOFTWARE; OR (iv) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
C. DOUBLE ENCORE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY.
D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR ACCESSED THROUGH THE USE OF DOUBLE ENCORE SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOUBLE ENCORE OR THROUGH OR FROM DOUBLE ENCORE’S SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
F. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You expressly understand and agree that Double Encore and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be responsible or liable to you for any loss or damage of any sort, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, incurred as the result of any dealings resulting from the use or the inability to use the Double Encore service, the cost of procurement of substitute goods and/or services, unauthorized access to or use of your account or contents you make available, statements or conduct of any third party on Double Encore, or any other matter relating to the Double Encore Site or services.
You agree to hold harmless and indemnify Double Encore, its officers, subsidiaries, affiliates, successors and assigns against any and all losses, costs expenses, damages, or other liabilities incurred by Double Encore, and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Double Encore in connection with your use of the Site and services, including any content posted or information submitted to the Site and payment obligations incurred through use of the Site.
The Site is controlled and operated from its facilities in the United States. Double Encore makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use or access the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology and other technical data via Double Encore to parties identified on such lists; (b) agree not to use Double Encore for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload or post via Double Encore any software, technology or other technical data in violation of U.S. or other applicable import or export laws.
A. These Terms, together with any other legal notices and agreements published by Double Encore via the Site, shall constitute the entire agreement between you and Double Encore concerning the Site and its services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
B. The titles and sub-headings under these Terms are for convenience only, and have no legal or contractual effect.
C. All parts of this contract apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won’t change. This is the entire contract between you and us regarding this Site.
D. Claims must be filed within one year. You must bring any claim related to this contract or the Site within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn’t filed in time, the claim is permanently barred.
E. We may change the services or delete features of the Site at any time for any reason. A particular service may be a prerelease version—a beta, for example—and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.
A. CHOICE OF LAW AND FORUM
This agreement shall be governed by the laws of the State of Colorado without respect to any of its conflict of laws provisions that would require the application of the laws of a different jurisdiction, and the parties hereby exclusively and irrevocably consent to jurisdiction and venue in the state and federal courts sitting in Denver, Colorado. In any action, arbitration or suit to enforce any right or remedy under this agreement or to interpret any provision of this agreement, the prevailing party shall be entitled to recover its costs, including, without limitation, reasonable attorneys’ fees.
B. STATUTE OF LIMITATIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Double Encore or the Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Double Encore may provide you with notices, including those regarding changes to these Terms, via but not limited to email, regular mail, SMS, MMS, text message, postings on Double Encore or other reasonable means now known or hereafter developed. You will be considered to have received a communication when Double Encore sends such communication to the contact information you have provided to Double Encore on the Site, or when Double Encore posts such communication on the Site. Such notices may not be received if you violate these Terms by use of Double Encore’s Site or its services in an unauthorized manner. You hereby agree that you are deemed to have received any and all notices that would have been delivered to you had you accessed Double Encore in an authorized manner.
B. CONTACTING DOUBLE ENCORE
If you wish to report a violation of the Terms, or have any questions or need assistance, please contact us at:
E-mail: firstname.lastname@example.org Phone: (303) 495 3344 Address: 820 16th Street, Suite 700 Denver, Colorado 80202