1. Acceptance of Terms
2. Description of Services
Description. As part of your participation in the Web site, DMSS provides you with use of the Web site and access to a variety of resources, including software, developer tools, upload and download areas, communication forums to interact with other participants, consulting, consulting offered by third parties, contents offered through the Web site (including your content, content submitted by other users, and pre-populated content offered by DMSS), learning materials, information systems, data analysis systems, data management systems and product information (collectively "Services"). The Services, including any updates, enhancements, new features, new products, modification to existing products and/or the addition of any new Web properties, are subject to the TOU.
The Services allow you access to the content submitted by you or other users in your organization participating in this Web site. Your rights and obligations regarding these submissions are discussed in more detail in Section 6 below.
3. Access to Services
a. In order to access the Web site and Services, you will have to create an account through the DMSS Services registration process, which includes accepting the DMSS Services Services Agreement ("DMSS Services Agreement"). In doing so, you will provide us with current, complete and accurate information as prompted by the applicable registration form.
b. In the course of registering, you will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify DMSS immediately of any unauthorized use of your account or any other breach of security. DMSS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DMSS or another party due to someone else using your account or password. You may not use anyone else's account at any time. You may not attempt to gain unauthorized access to any Services or other users' accounts through hacking, theft, surveilance, password mining or any other means.
4. Usage Policy
a. You may not use the Services to use, copy, modify (including creating "mash-ups"), and/or post on other systems DMSS' content and services, other users' submissions, and the content offered by DMSS' participating partners through the Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. If you download or print a copy of anyone else's content obtained through the Services, you must retain all copyright and other proprietary notices contained in it. You agree not to circumvent, disable or otherwise interfere with any technical limitations in the Services.
c.You also may not use the Services or the Web site to: (i) publish falsehoods or misrepresentations that could damage DMSS or any third party; (ii) submit material that is not truthful or related to your organization's information needs and is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; or (iv) impersonate another person or company. In addition, you may not use the Services in any manner that could damage, disable, overburden, or impair any DMSS server, or the network(s) connected to any DMSS server, or interfere with any other party's use and enjoyment of any Services.
d. Adherence to Code of Conduct. As a condition of your use of the Services, you will comply with the DMSS Code of Conduct.DMSS has no obligation to you to monitor the Services. DMSS reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. DMSS reserves the right at all times to disclose any information as DMSS deems necessary to: satisfy any applicable law, regulation, legal process or governmental request; or to edit, refuse to post, or remove any information or materials, in whole or in part, in DMSS' sole discretion.
5. Intellectual Property Rights; No Warranty; Liability Limitations.
a. Copyright and Trademark Notices. © 2008 DMSS. All rights reserved. All content or software provided as part of the Service or in the Web site, including users' submissions and public services offered through government web sites, are owned by or licensed to DMSS, and/or its suppliers. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. DMSS and My-Kids are trademarks or registered trademarks of DMSS in the United States and/or other countries. Third-party trademarks, service marks and logos contained in the Web site are owned by their respective owners. Any rights not expressly granted herein are reserved. Certain software used in certain DMSS web site services is based in part on the work of Christoher J. Olmeda Copyright © 1999 -2008. All rights reserved. "MIMI" software used in certain DMSS web site services and software is copyright © 2004 -2006 Christopher J. Olmeda. All rights reserved.
b. NO WARRANTIES. DMSS, ITS SUPPLIERS, AND OTHER LICENSORS OF CONTENT PROVIDE THE SERVICES AND CONTENT "AS IS" AND DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES AND THE CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
c. LIMITATION OF LIABILITY. IN NO EVENT SHALL DMSS AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION OR CONTENT AVAILABLE FROM THE SERVICES. DMSS AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), SERVICES, CONTENT, AND/OR PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
6. User Submissions
a. The Services may include a tool that allows you to create services and content. All the materials that you create using the Services, or that you transmit to another person through the Services, or that you post, upload, input or submit to the Web site (including Derivative Works) is referred to in this TOU as "Submissions" and will be deemed "submissions" for the purpose of the DMSS Services Agreement.
b. DMSS disclaims any liability with respect to users' Submissions. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting:
i. DMSS and its affiliated companies the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up rights: (1) to make, have made, use, copy, reproduce, modify, and create derivative works of the Submissions, (2) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell and sell, rent, lease, or lend copies of the Submissions (and derivative works thereof), (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, and (4) to publish your name or alias in connection with your Submissions; and
ii. Permission to each user of the Services to access your Submissions through the Web site to use, modify, copy, distribute, transmit, display, perform, reproduce, publish, and create derivative works of your Submissions as permitted through the functionality of the Web site and under the TOU; and to publish your name or alias as it appeared within your Submissions.
You may completely remove your Submissions at any time from the Web site, but such removal will not affect any licenses that you granted in connection with the Submissions prior to the time you completely removed them. No compensation will be paid for your Submissions or for the permissions you have granted above.
iii. To help make your contributions safe in our services, you warrant that:
You own or otherwise have all rights necessary for you to post the Submissions and grant the rights described above; and
Your Submissions do not contain any viruses, worms, spyware, or other components or instructions that are malicious, deceptive, or designed to limit or harm the functionality of a computer.
d. By posting a Submission that contains images, photographs, pictures or that is otherwise graphical in whole or in part ("Images"), you warrant and represent that (i) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by the TOU and the Services, (ii) you have the rights necessary to grant the licenses and sublicenses described in the TOU, and (iii) each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in the TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (1) to all members of your organization (for each such Images available to members of your organization), permission to use your Images in connection with the use, as permitted by the TOU, of any of the Services, including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination will not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
e. If we receive a valid complaint about a Submission or decide at our sole discretion to remove a Submission or other material you have posted, we reserve the right to remove such a Submission completely from the Web site. If you are the person who had submitted an offending Submission, we may also terminate your access to the Services, as described in Section 4(d).
7. Feedback; Unsolicited Idea Submission Policy.
a. Feedback. If you give DMSS feedback about the Services, you are granting DMSS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your feedback. These sublicense rights survive this TOU.
b. Unsolicited Ideas. DMSS or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works or unsolicited ideas to DMSS or anyone at DMSS. The sole purpose of this policy is to avoid potential misunderstandings or disputes when DMSS' products or marketing strategies might seem similar to ideas submitted to DMSS. If, despite this request, you still send them, please understand that DMSS makes no assurances that your ideas and materials will be treated as confidential or proprietary.
8. Links to Third Party Sites/Services Provided at Those Sites.
THIS WEB SITE INCLUDES ACCESS TO THIRD-PARTY SERVICES. WE HAVE NOT TESTED THESE THIRD-PARTY SERVICES FOR PERFORMANCE, ACCURACY, SUITABILITY OR ANY OTHER PURPOSE. LINKS TO THIRD PARTY SITES WILL LET YOU LEAVE DMSS' SITE AND/OR ACCESS THIRD-PARTY SERVICES. THE LINKED SITES AND ACCESSED SERVICES ARE NOT UNDER THE CONTROL OF DMSS AND DMSS IS NOT RESPONSIBLE FOR THE CONTENTS OR SERVICES OF ANY LINKED OR CONNECTED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DMSS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DMSS OF THE SITE OR SERVICES YOU MAY OBTAIN FROM SUCH SITE. DMSS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OR QUALITY OF THE SERVICES YOU MAY OBTAIN FROM THE THIRD PARTY SITE AND DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO ANY SUCH THIRD PARTY SERVICES. IN NO EVENT SHALL DMSS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE THIRD PARTY SITE OR YOUR USE OR PERFORMANCE OF SERVICES OBTAINED BY YOU FROM THIRD PARTY SITES.