DLCC SERVICES SUBSCRIPTION
AND USE AGREEMENT
Welcome to the DLCC Services Web Site (the "Site"). DLCC Services
provides you access to and use of the Site subject to your compliance
with the terms and conditions set forth below in this DLCC Services Subscription
and Use Agreement (the "Agreement"). PLEASE READ THIS AGREEMENT
CAREFULLY. DLCC Services reserves the right to change or modify any of
the terms and conditions contained in this Agreement or any policy or
guideline referenced herein at any time and in its sole discretion. If
the Agreement is changed, we will post the new terms on the Site and change
the date accordingly. Any changes or modifications will be effective upon
posting of the new Agreement on the Site as revised, and your access to
and use of the Site following the posting of such changes or modifications
will constitute your acceptance of the Agreement as revised.
Access to portions of the Site requires a password. In order
to receive a password, users must complete the MEMBERSHIP Application
Form. This form must be filled out completely and accurately. DLCC Services
reserves the right in its sole discretion to approve or deny any Password
Application Form for any reason whatsoever. TO BECOME A MEMBER OF THE
DLCC SERVICES WEB SITE YOU MUST BE A DEMOCRATIC STATE LEGISLATOR, A DEMOCRATIC
STATE LEGISLATIVE CANDIDATE, OR A DULY AIUTHORIZED MEMBER OF A DEMOCRATIC
LEGISLATIVE CAMPAIGN. If YOU MEET THESE CONDITIONS, AND your form is approved,
DLCC Services will e-mail you a password AND USERNAME. Once issued, the
password may be cancelled by DLCC Services at any time, for any reason.
The DLCC reserves the right to take any and all action it
deems appropriate to remedy misrepresentations made on the membership
application form or any other misuse of the site (including, but not limited
to, unauthorized access). Such action may include, but is not limited
to, seeking injunctive relief, bringing a private action in a court of
competent jurisdiction or referring the incident for prosecution under
applicable law.
Related Policies
Online Privacy Policy. DLCC Services believes strongly in protecting user
privacy. To learn about DLCC Services’ online information practices
and policies, please refer to the Online Privacy Policy [Insert link]
section of the Site.
License and Site Access
DLCC Services grants you a limited license to access and make personal,
non-commercial use only of the Site. Any other copying, redistribution,
retransmission or publication of any downloaded material is strictly prohibited
without the express written consent of DLCC Services or any third-party
information provider to the Site. Such grant does not include, without
limitation: (a) any resale or commercial use of the Site or content therein;
(b) the collection and use of any product or service listings or descriptions;
(c) making derivative uses of the Site and its contents; or (d) use of
any data mining, robots, or similar data gathering and extraction methods.
Except as noted above, you are not conveyed any right or license by implication,
estoppel, or otherwise in or under any patent, trademark, copyright, or
proprietary right of DLCC Services or any third party.
You may not use, frame or utilize framing techniques to
enclose any DLCC Services trademark, logo or other proprietary information
(including the images found at this Site, the content of any text or the
layout/design of any page or form contained on a page) without DLCC Services'
express written consent. Further, you may not use any meta tags or any
other "hidden text" utilizing a DLCC Services name, trademark,
or product name without DLCC Services' express written consent.
If you use any part of the Site that requires a user name
or password, then you are responsible for maintaining the confidentiality
of that user name 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. In the event the confidentiality of your account
or password is compromised in any manner, you should notify DLCC Services
immediately. DLCC Services reserves the right to take any and all action,
as it deems necessary or reasonable, to ensure the security of the Site
and your account, including without limitation terminating your account,
changing your password or requesting additional information to authorize
transactions on your account. Notwithstanding the above, DLCC Services
may rely on the authority of anyone accessing your account or using your
password and in no event and under no circumstances shall DLCC Services
be held liable to you for any liabilities or damages resulting from or
arising out of (i) any action or inaction of DLCC Services under this
provision, (ii) any compromise of the confidentiality of your account
or password and (iii) any unauthorized access to your account or use of
your password. Any unauthorized use of this Site will terminate the permission
or license granted herein and may violate applicable law including copyright
laws, trademark laws (including trade dress), and communications regulations
and statutes. All violators will be prosecuted to the fullest extent of
the law.
Copyright
All content, copyrighted and copyrightable materials on this Site, including,
without limitation, the DLCC Services logo, design, text, graphics, pictures,
sound files and other files, and the selection and arrangement thereof
("Materials") are ALL RIGHTS RESERVED Copyright © 2002
DLCC Services LLC and/or its licensors. Except as stated herein, none
of the Materials may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior written permission of DLCC Services or
the respective copyright owner. Permission is granted to display, copy,
distribute and download the Materials on this Site for personal, non-commercial
and informational use only; provided that, you may not, without the permission
of DLCC Services or the respective copyright owner, (a) copy, publish,
or post any Materials on any computer network or broadcast or publications
media, (b) modify the Materials, and (c) remove or alter any copyright
and other proprietary notices contained in the Materials.
Copyright Complaints
DLCC Services respects the intellectual property of others. If you believe
that your work has been copied and has been posted to this Site in a way
that constitutes copyright infringement, please provide DLCC Services’
copyright agent the following written information:
- An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed
upon;
- A description of where the material that you claim is infringing is
located on the Site;
- Your address, telephone number, and e-mail address;
- 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;
- A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
DLCC Services’ Copyright Agent for notice of claims
of copyright infringement on this Site can be reached as follows:
DLCC Services LLC, 1401 K Street, NW, Suite 201, Washington,
DC 20005, email. DLCC@dlcc.org
Attention: Copyright Infringement Agent
Trademarks and Service Marks
"DLCC Services" and all other DLCC Services marks and logos,
and the DLCC Services products and services described in this Site, are
either trademarks, service marks or registered trademarks of DLCC Services
or its licensors, and may not be copied, imitated or used, in whole or
in part, without the prior written permission of DLCC Services or its
licensors. In addition, all page headers, DLCC Services custom graphics,
button icons, and scripts are either service marks, trademarks, and/or
trade dress of DLCC Services, and may not be copied, imitated, or used,
in whole or in part, without the prior written permission of DLCC Services.
DLCC Services trademarks, service marks and trade dress may not be used
in any manner that is likely to cause confusion among customers or in
any manner that disparages or discredits DLCC Services.
Operating and Acceptable Use Policies
All access to and use of the services available on the Site, is governed
by and subject to the following operating and acceptable use policies.
DLCC Services has the right, but not the obligation, to suspend or terminate
your access and use of the Site and related services at any time, and
block or remove any communications and materials that DLCC Services believes
in its sole discretion may violate applicable law, these operating and
acceptable use policies or a third party's rights. By using the Site,
you agree not to do any of the following:
- Upload to, distribute or otherwise publish through this Site any
message, data, information, text or other material ("Content")
that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, harassing, threatening, harmful, invasive of privacy or publicity
rights, abusive, inflammatory or otherwise injurious to third parties;
- Upload or transmit any Content that would constitute or encourage
a criminal offense, violate the rights of any party, or that would otherwise
create liability or violate any local, state, national, or international
law;
- Upload or transmit any Content that may infringe any patent, trademark,
trade secret, copyright or other intellectual or proprietary right of
any party. Infringement may result from the unauthorized copying and
posting or distributing pictures, logos, software, articles, music,
or videos. By posting any Content, you represent and warrant that you
have the lawful right to distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation
with a person or entity or interfere with other users of the Site. Unless
you are participating in an area of the Site that requires or allows
anonymity, use your real name in online communications;
- Upload to, distribute or otherwise publish through this Site any Content
such as charity requests, petitions for signatures, chain letters or
letters relating to pyramid schemes, advertising or solicitations for
funds, mass mailings, any form of unsolicited commercial email or "spam,"
or offering or disseminating fraudulent goods, services, schemes or
promotions;
- Without DLCC Services’ prior written permission, publish or
upload any unsolicited promotions, goods or services, commercial solicitation
or post or transmit any advertising, promotional materials or any other
solicitation of other users of the Site for goods or services except
in those areas (e.g., a classified bulletin board) that are designated
for such purpose;
- Disseminating or hosting harmful content including without limitation,
viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any
other computer programming routines that may damage, interfere with,
surreptitiously intercept or expropriate any system, program, data or
personal information;
DLCC Services takes no responsibility and assumes no liability for any
Content posted or uploaded by you or any third-party, or for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity, pornography
or profanity you may encounter. As a provider of the Site, DLCC Services
is only a forum and is not liable for any statements, representations,
or Content provided by its users in any public forum or personal home
page. It is not DLCC Services’ intent to discourage you from taking
controversial positions or expressing vigorously what may be unpopular
views; however, DLCC Services reserves the right to take such action as
it deems appropriate in cases where the Site is used to disseminate statements
which are deeply and widely offensive and/or harmful.
Enforcement. DLCC Services reserves the right but does not
assume the obligation to strictly enforce this Agreement including without
limitation by issuing warnings, suspension or termination of service,
and/or removal, screening or editing of posted Content, self help and
active investigation, litigation and prosecution in any court or appropriate
venue. DLCC Services may access, use and disclose transaction information
and Content to comply with the law (e.g., a lawful subpoena); enforce
or apply this Agreement; to initiate, render, bill, and collect for services;
or to protect our rights or property. INDIRECT OR ATTEMPTED VIOLATIONS
OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS
BY A THIRD PARTY ON BEHALF OF A DLCC SERVICES USER, SHALL BE CONSIDERED
VIOLATIONS OF THIS AGREEMENT BY SUCH USER.
Responsibility for Your Conduct. You shall remain solely
liable for the Content of any messages or other information you upload
or transmit to this Site. You agree to indemnify and hold harmless DLCC
Services from any claim, action, demand, loss, or damages (including attorneys'
fees) made or incurred by any third-party arising out of or relating to
your conduct, your violation of this Agreement, or your violation of any
rights of a third-party.
Linking
Links to the Site. You are granted a limited, nonexclusive right to create
a hypertext link to the home page of the Site provided such link does
not portray DLCC Services or any of its products and services in a false,
misleading, derogatory or otherwise defamatory manner. You may not use
a DLCC Services logo or other proprietary graphic or trademark of DLCC
Services to link to this Site without the express written permission of
DLCC Services. This limited right may be revoked at any time.
Third-Party Links. DLCC Services makes no claim or representation
regarding, and accepts no responsibility for, the quality, content, nature
or reliability of third-party Web sites or services accessible by hyperlink
from this Site, or third-party Web sites linking to this Site. Such linked
Web sites are not under the control of DLCC Services and DLCC Services
is not responsible for the content of any such linked Web site or any
link contained in a linked Web site, or any review, changes or updates
to such Web sites. DLCC Services is providing these links to you only
as a convenience, and the inclusion of any link does not imply affiliation,
endorsement, or adoption by DLCC Services of the Web site or any information
contained therein. When leaving the Site, you should be aware that DLCC
Services’ terms and policies no longer govern, and, therefore, you
should review the applicable terms and policies, including privacy practices,
of that Web site.
Submissions
You agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or creative
materials or other information, provided by you in the form of e-mail
or submissions to DLCC Services, or postings to or on the Site, are non-confidential
(provided that personal information provided on non-public areas of the
Site is subject to DLCC Services Online Privacy Policy [insert link] and
you grant DLCC Services 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
materials throughout the world in any media now known or hereafter developed
with or without acknowledgment to you in DLCC Services’ sole discretion
and without compensation to you. You also grant to DLCC Services the right
to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no
recourse against DLCC Services for any alleged or actual infringement
or misappropriation of any proprietary right in your submitted materials
and that the submission of any such materials to DLCC Services, including
the posting of materials to any forum or interactive area on the Site,
irrevocably waives any and all "moral rights" in such materials,
including the rights of paternity and integrity. You represent and warrant
that you own or otherwise control all of the rights to the material that
you post; that the material is accurate; that use of the material you
supply does not violate this Agreement and will not cause injury to any
person or entity; and that you will indemnify DLCC Services for all claims
resulting from material you supply.
Disclaimers
"AS IS" AND "AS AVAILABLE" BASIS. THIS SITE AND THE
MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE
THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED
BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE
RISK AND RESPONSIBILITY.
WARRANTY DISCLAIMER. DLCC SERVICES DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE
SITE. DLCC SERVICES DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS
SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO
CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE
SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE
THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. DLCC Services
is not responsible for typographical errors or omissions relating to pricing,
text, or photography. WHILE DLCC SERVICES ATTEMPTS TO ENSURE YOUR ACCESS
TO AND USE OF THE SITE IS SAFE, DLCC SERVICES CANNOT AND DOES NOT REPRESENT
OR WARRANT THAT THIS SITE OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED,
FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL
OF SERVICE ATTACKS) OR WILL OTHERWISE MEET YOUR REQUIREMENTS.
DLCC Services reserves the right to change any and all content
contained on this Site at any time without notice. Reference to any products,
services, processes, or other information, by trade name, trademark, manufacturer,
supplier, or otherwise does not constitute or imply endorsement, sponsorship
or recommendation thereof by DLCC Services.
YOUR RESPONSIBILITY AND RISK. It is solely your responsibility
to evaluate the accuracy, completeness and usefulness of all opinions,
advice, services, merchandise and other information provided on or through
the Site or on the Internet generally.
Limitation of Liability
IN NO EVENT SHALL DLCC SERVICES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER
IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE
OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION OR
TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT,
MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE
SITE, EVEN IF DLCC SERVICES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DLCC SERVICES
(WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY)
ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED $5.00 OR THE
COMPENSATION YOU PAID DLCC SERVICES, WHICHEVER IS LESS.
Certain state laws do not allow limitations on implied warranties,
or the exclusion or limitation of certain damages. If these laws apply,
some or all of the above disclaimers, exclusions, or limitations, may
not apply to you, and you may have additional rights to those contained
herein. In such states, DLCC Services’ liability is limited to the
greatest extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless DLCC Services, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Site from and against all losses, expenses,
damages and costs, including reasonable attorneys’ fees, resulting
from any violation of this Agreement by you.
Applicable Law, Venue and Limitation of Actions
These terms and conditions shall be governed by and construed in accordance
with the laws of the District oif Columbia, applicable to agreements made
and entirely to be performed within the District of Columbia, without
resort to its conflict of law provisions. You agree that any action at
law or in equity arising out of or relating to these terms and conditions
shall be filed only in state or federal court located in Washington, DC,
and you hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such courts over any suit, action or proceeding
arising out of these terms and conditions. Any cause of action or claim
you may have with respect to the Site must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause
of action is barred.
Termination
Notwithstanding any of these terms and conditions, this Agreement may
be terminated by either party without notice at any time for any reason;
provided that you may no longer access or use the Site after this Agreement
has been terminated. The provisions of the paragraphs entitled Copyright,
Trademarks and Service Marks, Submissions, Disclaimers, Limitation of
Liability, Indemnification, Applicable Law, Venue and Limitation of Actions,
Termination, Severability, Enforceability and Admissibility and Miscellaneous
shall survive any termination of this Agreement.
Severability
If any provision of this Agreement shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from these terms and conditions and shall not affect the validity and
enforceability of any remaining provisions.
Enforceability and Admissibility
This electronic document and any other electronic documents, policies
and guidelines incorporated herein will be: (a) deemed for all purposes
to be a "writing" or "in writing," and to comply with
all statutory, contractual, and other legal requirements for a writing;
(b) legally enforceable as a signed writing as against the parties subject
to the electronic documents; and (c) deemed an "original" when
printed from electronic records established and maintained in the ordinary
course of business. Electronic documents introduced as evidence in any
judicial, arbitration, mediation or administrative proceeding will, if
established and maintained in the ordinary course of business, be admissible
to the same extent as business records in written form that are similarly
established and maintained.
Miscellaneous
DLCC Services’ failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of this Agreement.
DLCC Services may assign its rights and duties under this Agreement to
any party at any time without notice to you. |