Terms of Use

Ownership of Site; Agreement to Terms of Use

This document sets out the terms of use on which Site user (“you”) may make use of the website https://dmeltzer.com/ (collectively, the “Site”) (the “Terms of Use”). The Site is the property of David Meltzer Enterprises (“DME”) and its affiliates.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using the site, you signify to these Terms of Use. If you do not agree to these Terms of Use, please refrain from using the site. In addition, when you use any of our current or future services, you will also be subject to DME guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, those Terms of Use will control.

DME reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, DME grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Consideration

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Site and data, materials and information available at or through the Site.

Restrictions on Use; Limited License

All content contained on the Site (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is property of DME or the property of its licensors or licensees, and the compilation of the Content on the Site is exclusive property of DME, protected by United States copyright laws, treaties and conventions. All software used on the Site is DME property or the property of its software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Site are proprietary to DME or its licensors or licensees. Marks found on Site may not be used in connection with any product or service that does not belong to DME in any manner that is likely to cause confusion among users or that disparages or discredits DME or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DME.

You are granted a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, published, downloaded (other than page caching), uploaded, posted, reposted, altered, publicly displayed, transmitted or distributed in any way (including “mirroring”), or sold, resold, visited, or otherwise exploited for any commercial purpose, without DME’s express prior written consent. Further, no part of the Site and no Content shall be used to assist others in selling, manipulating, distributing, or in any way exploiting any of the content or Intellectual Property contained herein.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Site or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Site or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without DME and each applicable owner’s express written consent.

Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray DME or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent. Nothing in these Terms of Use shall constitute a transfer of ownership of any Intellectual Property from DME to you.

Disclaimer

The materials on the Site are provided “as is”. DME makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, DME does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this Site.

Limitations

In no event shall DME or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on DME’s Site, even if DME or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Submissions

You may send reviews, comments, inquiries, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.

Please do not send any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you send hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, DME (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. DME and its designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by DME.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and DME. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by DME, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Content Linked to the Website

You should be aware that when you visit the Website, you could be directed to other sites beyond DME’s control including links to or from affiliates and content partners that may use DME’s Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by DME and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that DME is not responsible for examining or evaluating, and that DME does not warrant the offerings of, any such third party or the content of their sites. DME does not assume any responsibility or liability for the actions, products, or content of any third party or any third-party site. DME reserves the right to disable links from or to third-party sites, although DME is under no obligation to do so.

Indemnification

You hereby agree to indemnify, defend, and hold DME, and its licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with DME in the defense of any claim. DME reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

Amendment

DME reserves the right, in its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

Termination

These Terms of Use are effective until terminated by either you or DME. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.

DME, in its sole discretion, may terminate these Terms of Use (including your access to and use of the Site) without cause and without notice to you. Upon termination, you must cease any access to or use of the Site and destroy all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. DME has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.