Acceptance of Terms
The Digital Future Alliance (“DFA”) website (“Site”) may include content, text, information, data, audio/visual materials, applets, and software (collectively, “Content”), as well as search tools, online directories, communication tools, administrative services, download areas, and access to other information (“Services”). The Services may themselves contain Content, and Content and Services are collectively referred to as the “Resources.” These Terms govern your use of this Site and, by using this Site, you accept these Terms in full. If you disagree with these Terms, you must not use this Site.
Your Access and Data
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, which are or may become necessary to access the Site. You are solely responsible for maintaining the security of your computer(s) and all personal and other data. DFA does not guarantee the protection of your content or data that may be located or transmitted across our network (or other networks) against loss, alteration or improper access.
If your use of the Site violates these Terms, is objectionable or unlawful, or interferes with, disrupts or degrades the functioning or use of the Internet or our network, we may suspend, deny or restrict your access to the Site or any Resource and take any other action appropriate to protect our network and other Internet users.
Without limiting the general policy stated above, you agree not to use the Site in any manner that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes or misappropriates any party’s intellectual property, confidentiality, or other rights;
- advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
- distributes advertising or promotional content;
- compiles, uses, downloads or otherwise copies any user information and/or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site;
- accesses (or attempts to access) any of the Resources by any means other than through the Site’s interface. You specifically agree not to access (or attempt to access) any of the Resources through any automated script or routine, including “robots,” “spiders,” “offline readers,” bots, web crawlers or other means, that accesses the Resources in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- interferes with or disrupts the Resources (or the servers and networks which are connected to the Resources), whether via malicious software or otherwise; and/or
- reproduces, duplicates, redisplays, frames, makes copies of, or resells the Resources for any purpose.
Unless otherwise stated, DFA owns the intellectual property rights in the Site and material on the Site. All these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use. The Site is intended solely for your personal use on your computer and any other use for commercial or other purposes is prohibited.
You agree that DFA is not responsible for invalid destinations or transmission errors and DFA does not guarantee your ability to access the Site or Resources or that the Resources are secure or will meet your needs. You agree that DFA has no control over third party networks or websites that you may access in the course of your use of the Site. In no event shall DFA be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party’s website, or the information or material accessed through such websites.
Disclaimers of Warranty
DFA provides the Site and Resources “as-is,” “as-available” and “with all faults” and the entire risk as to the quality and performance of the Site is with you. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, with respect to the Site and Resources (including but not limited to, any implied or statutory warranties of merchantability, fitness for a particular purpose, title, and non-infringement of intellectual property rights).
Without limiting the generality of the foregoing, DFA makes no warranty that the Site or Resources will meet your requirements or that the Site or Resources will be uninterrupted, timely, secure, or error free or that defects in the Site will be corrected, or that any Content or other material accessible from the Site is free of viruses or other harmful components. DFA makes no warranty as to the results that may be obtained from the use of the Site. No advice or information given by us shall create any warranty and we disclaim all equitable indemnities.
- Limitation of Liability
In no event will DFA be liable for any indirect, special, consequential, punitive, or exemplary damages or any damages whatsoever in excess of one hundred United States dollars (US $100.00) (including, without limitation, those resulting from lost profits, lost revenues, loss of goodwill, loss of use or other intangible losses), arising out of or in connection with the Site, whether such damages are based on warranty, contract, tort, statute, or any other legal theory.
You agree that your use of the Site and the Internet is your sole responsibility, is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
You agree to indemnify, defend and hold us harmless against all losses, expenses, damages and costs, including reasonable attorneys and experts’ fees, arising from or related to any claims made by any third party due to or arising out of your use of the Site or Resources.
Changes to the Site and these Terms
All information posted on the Site is subject to change without notice and we reserve the right to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Site or any part thereof.
DFA reserves the right, from time to time, to amend or change these Terms by posting such revisions to this page of the Site. Changes to these Terms shall be effective upon posting, and you agree that your use of the Site after the date on which the Terms have changed will constitute your acceptance of the updated Terms.
Our forbearance to exercise or enforce any provision of these Terms shall not constitute a waiver of such provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and us in relation to your use of this website, and supersede all previous agreements in respect of your use of this Site.
You agree that these Terms shall be governed and construed in accordance with the laws of the State of New York, and any legal action or proceeding for any purpose concerning these Terms shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.