TERMS OF SERVICE
This Web site (the "Site") is administered and owned by GJC GROUP & DJOD.ORG and owns the MEMBERSHIP CLUB (“DOMC”), a financial vehicle charitable services conduit operated by GJC Group and (collectively, “DJOD.ORG”). These terms of service (the "Terms of Service" or "TOS") apply to and govern your use, and any use by another person, of your Membership Account, as well as your use of this Site and the Services (as defined below). Your use of the Site and/or any Service signifies your agreement to be bound by these Terms of Service and the DOMC Privacy Policy (the "Privacy Policy"), which is hereby incorporated by reference.
For purposes of the TOS, the following defined terms shall have these meanings: (A) "Service(s)" shall mean any and all services on, or provided by or in connection with, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) "Site" shall mean this site; (C) "Site Content" shall mean any and all human–perceivable audio and/or visual elements of this Site, created or owned by GJC GROUP & DJOD.ORG & DOMC, or Membership or lotto generated content, whether or not commissioned by GJC GROUP & DOMC, including, without limitation, any text, graphics, banners links, images, illustrations, photographs, animations, applications, video, audio or audiovisual works (including, for example, without limitation, advertising trailers or episodic works), designs, logos, personal medical information, and other information and content made available through the Site; (D) "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs ,mobile programs, and other sets of statements and instructions contained in the underlying Site; (E) "Membership Account" means any account created by you, through a registration process for the purpose of accessing or using certain Services.
LICENSE TO USE THE SITE
GJC GROUP & DJOD.ORG or DOMC grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal use only, by way of one (1) Internet Device connected to the Site over the Internet, and by one (1) Mobile Device connected to the site over telecom systems and internet, provided that you comply fully with these TOS. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOS and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any way through any means or device, including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS or by law.
CHANGES TO SITE AND/OR TERMS OF SERVICE
GJC GROUP & DJOD.ORG & DOMC reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Services, the Site Content, the TOS, and/or the Privacy Policy, in whole or in part, at any time, with or without notice to you, prior or otherwise. Changes to the TOS and Privacy Policy will be effective when posted. You agree to review the TOS and Privacy Policy periodically to become aware of any changes. Your use of the Site after any changes to the TOS and/or Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.
GJC GROUP & DJOD.ORG & DOMC will provide prominent notice on the Site of any major changes to the TOS and/or the Privacy Policy.
CHANGES IN SITE OWNERSHIP
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable GJC GROUP & DJOD.ORG or DOMC database, to the extent DOMC assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of DOMC's assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the Terms of Service and Privacy Policy of the Site's subsequent owner or operator.
OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY
The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property rights therein are proprietary to DJOD.ORG,GJC GROUP plus DOMC and are owned by GJC GROUP, DJOD.ORG,DOMC and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless permitted by DJOD.ORG, GJC GROUP plus DOMC, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed, and you may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels on the Site or the Services (each, an "Unauthorized Use").
Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of GJC GROUP, DJOD.ORG or DOMC and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of copyright laws may be subject to severe civil and criminal penalties.
SOFTWARE
From time to time, and at its sole discretion, DJOD.ORG & DOMC may make available to Memberships certain software that may be accessible or downloaded from this Site. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you by DJOD.ORG or DOMC or a DJOD.ORG or DOMC-approved third party software provider ("Third Party Provider") solely for your personal and non-commercial use. DJOD.ORG & DOMC does not transfer title to the Software to you. You own the medium on which the Software is recorded, but DJOD.ORG or DOMC and/or the Third Party Provider retain full and complete title to their respective Software, and all intellectual property rights therein. You may not redistribute, sell, recompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for its Software. Software from this Site is further subject to Canada export controls. To the extent required by law, no software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
SUBMISSIONS
DJOD.ORG & DOMC is pleased to hear from its customers and welcomes your comments regarding DJOD.ORG & DOMC products and services, including this Site. In this connection, we request that your comments be specifically related to our products and services and nothing else at http://djod.org/faqs.htm#contact_us.
If you send, post, or otherwise transmit any text, files, links, software, photographs, video, sound, music, feedback, comments, suggestions, or other information or material, including, without limitation, name, likeness, personal medical information (all whether concerning you or a third party) (collectively, the "Submissions") to any part of the Site or Services, whether or not requested to do so by GJC GROUP or DJOD.ORG & DOMC, you shall be deemed to have granted to GJC GROUP, DJOD.ORG and DOMC a worldwide, royalty-free, non-exclusive, transferable, sub-licensable, perpetual license to cache, copy, distribute, transmit, publicly display, publicly perform, reproduce, revise and otherwise use the Submissions on the Site, the Services and in any other media, digital or analog, now known or hereafter invented, including, but not limited to, the internet, television programs, DVDs, mobile devices, outdoor media, and in advertising or promotion, print or otherwise; provided that any reproduction, revision or other uses that DOMC may make of the Submissions shall be consistent with and in furtherance of GJC GROUP, DJOD.ORG and or DOMC’s mission.
For the avoidance of doubt, by submitting your Submission you understand and agree that: (a) any Submissions you submit may become viewable by the public on the Site or elsewhere; (b) GJC GROUP, DJOD.ORG,& DOMC has the right to publish your name in connection with your Submissions, wherever applicable; (c) you will only submit Submissions that you own or have permission to submit from the owner, in which case you will provide GJC GROUP, DJOD.ORG and DOMC a copy of a written consent from the owner, upon GJC GROUP, DJOD.ORG or DOMC’s request; and (d) your Submission constitutes a waiver of the right to privacy or publicity of the owner of the Submission and any third party named in it with respect to the Submission and all of its contents.
GJC GROUP, DJOD.ORG or DOMC will have no obligation to pay you any compensation with respect to its use or non-use of your Submissions, and is under no obligation to post or use any Submissions you may provide. GJC GROUP, DJOD.ORG or DOMC may remove any Submissions at any time in its sole discretion. You may request the removal of your Submissions for any reason on reasonable written notice to GJC GROUP, DJOD.ORG or DOMC, on receipt of which GJC GROUP, DJOD.ORG or DOMC will take commercially reasonable steps to comply.
PERSONAL MEDICAL INFORMATION IS OFTEN HIGHLY SENSITIVE INFORMATION, WHICH GJC GROUP, DJOD.ORG and DOMC TAKES VERY SERIOUSLY. AS SUCH, WE MUST ASK YOU TO BE VERY CAREFUL IN YOUR SELECTION OF WHAT INFORMATION YOU CHOOSE TO INCLUDE IN YOUR SUBMISSION, AS SUCH INFORMATION MAY BE VIEWABLE BY THE PUBLIC IMMEDIATELY UPON YOUR SUBMISSION AND MAY NOT BE REMOVED UNTIL A REQUEST FOR REMOVAL IS FILED AND EVENTUALLY PROCESSED BY DJOD.ORG or DOMC.
By submitting your Submission, you agree to indemnify and hold GJC GROUP, DJOD.ORG or DOMC (and its fund raisers, successors, parents, subsidiaries, affiliates, officers, directors, agents, developers, joint ventures, networks, distributors and attorneys) harmless for any and all claims, damages, losses, and causes of action arising as a result of your Submissions, or your violation or claimed violation of any law or rights of a third party, or any other breach or claimed breach of the TOS. GJC GROUP, DJOD.ORG or DOMC does not and cannot review all Submissions and is not responsible for the content or substance of these Submissions. However, GJC GROUP, DJOD.ORTG or DOMC reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person's rights of privacy or publicity, or otherwise unacceptable.
DOMC SERVICES AND RULES FOR USE
As a convenience to its visitors, GJC GROUP, DJOD.ORG or DOMC may provide, from time to time and at its sole discretion, one or more Services, such as chat areas, message boards, e-mail functions, instant messaging service, voice-mail, file communities, polls, surveys, and other services. These Services are provided by DJOD.ORG or DOMC to you and others subject to the TOS, the Guidelines set forth below, the Privacy Policy, and other rules that may be published from time to time (collectively, the "Rules") by DOMC. GJC GROUP& DJOD.ORG or DOMC currently provides the Services free of charge to Memberships who agree to be bound and abide by the Rules. GJC GROUP & DJOD.ORG & DOMC reserves the right to change the nature of this relationship at any time.
REGISTRATION AND ACCEPTANCE OF TERMS
In order to access some features of the Site and the Services, you may have to create or register for a Membership Account. In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your Membership Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Memberships who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at GJC GROUP & DJOD.ORG & DOMC’s sole discretion, have their Membership Accounts suspended or terminated, and may be permanently banned from using any current or future Services.
As part of your Membership Account, you will be responsible for creating, and maintaining the confidentiality of, your Membership name and password. We ask that you select a Membership name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your Membership Account information, as sharing your password with others may lead to unauthorized access to your Membership Account and the information therein. You agree that you will (i) immediately notify DJOD.ORG or DOMC of any unauthorized use of your Membership Account, and (ii) ensure that you properly exit all Services at the completion of your use session. You are solely responsible for the activity that occurs on your Membership Account. GJC GROUP & DJOD.ORG & DOMC shall have no liability for any loss or damage arising from your use of a Membership Account, the Site or any Service, or your failure to comply with these requirements. GJC GROUP & DJOD.ORG & DOMC will not be liable for any losses caused by any unauthorized use of your Membership Account, but you may be liable for the losses of GJC GROUP & DJOD.ORG & DOMC or others due to such unauthorized use.
GUIDELINES FOR USE OF THE SERVICES
You are entirely responsible and liable for all activities conducted by you, and/or any other Membership of your Membership Account and of the Services, including the transmission, posting, or other provision of a Submission to any portion of the Services. Listed below are some, though not all, violations that may result in DJOD.ORG or DOMC terminating or suspending your Membership Account and/or access to DJOD.ORG & DOMC Services. You agree not to do any of the following actions while using any DJOD.ORG or DOMC Service:
- 1. Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, Membership, or other individual or entity;
- 2. Transmit, in connection with any Service, any Submission that GJC GROUP & DOD.ORG or DOMC, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
- 3. Distribute viruses or any other technologies that may harm the Site, the Service, or the interests or property of our Memberships and partners;
- 4. Harvest or otherwise collect information about Memberships, including email addresses, , about Memberships or third parties whose information is made available on the Site, without their consent;
- 5. Use any robot, spider, scraper or other automated means to access the Site or the Services for any purpose without our express written permission;
- 6. Cause any chat room screen in any chat room to "scroll" faster than other Memberships are able to type to it or any action of a similar disruptive effect;
- 7. Impersonate in any Service, any person, including but not limited to, a GJC GROUP & or a DJOD.ORG & or a DOMC official or representative, chat or message board leader, guide or host;
- 8. Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
- 9. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
- 10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
- 11. Submit material that is subject to intellectual property protection, including, but not limited to, copyright, trademark, or patent rights, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post said material and to grant us all of the license rights granted herein.
You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these TOS. - Notwithstanding anything to the contrary in this Agreement, in the event that DJOD.OG & DOMC determines that you have breached the TOS and/or the Privacy Policy, or that any part or portion of your Submission violates the TOS, DJOD.ORG & DOMC will have the right to immediately remove such Submission, in whole or in part, and to temporarily suspend your Membership Account, with or without notice to you. In the event of your repeated violation of the TOS and/or the Privacy Policy DJOD.ORG & DOMC will have the right to immediately and permanently terminate your Membership Account, with or without notice to you. Notwithstanding the foregoing, in the event that DJOD.ORG & DOMC, in its sole discretion, determines that your first violation is of a particularly offensive or serious nature, DJOD.ORG & DOMC will have the right to immediately and permanently terminate your Membership Account, with or without notice to you.
- Any Membership may report abuse of the Rules by clicking on the persistent Report Abuse button provided on the Site.
LINKED SITES
Much of the information on the Site may be updated on a real-time basis and may be proprietary or licensed to GJC GROUP & DJOD.ORG & DOMC by our Memberships or third parties. DJOD.ORG & DOMC sites and/or services may furthermore frame, and/or contain links to or advertisements about, non-GJC GROUP & DJOD.ORG & DOMC Web sites (the “Linked Sites”). The Linked Sites may also reference, advertise, or link to DJOD.ORG & DOMC sites. DJOD.ORG & DOMC does not endorse or sponsor the Linked Sites and is not responsible for the content of such sites. DJOD.ORG & DOMC expressly disclaims any statements or assertions made on all non-DOMC Web sites, and denies all liability associated with your use of, and the content on any Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted on such other Web sites. Your dealings with third parties (including, without limitation, advertisers) on the Linked Sites and your participation in promotions, including the delivery of and the payment for completed transactions, and any other terms, conditions, warranties or representations associated with such dealings or promotions on the Linked Sites, are solely between you and the advertiser or other third party.
Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.
NON-CANADA RESIDENTS
DOMC & DJOD.ORG & GJC GROUP makes no representation that the Site Content, including memberships or merchandise offered for sale on the Site, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than Isle of man. Those who choose to access the Site from locations outside of Isle of man do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of any future merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
JURISDICTIONAL ISSUES
The Site is controlled and operated by GJC GROUP or DJOD.ORG & DOMC from its on line offices within the Isle of Man. Use of this Site constitutes your consent and submission to service of process under applicable Isle of man law and to personal jurisdiction in a court of competent jurisdiction in the Province of British Columbia or the Isle of man for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of your Membership Account and/or any DJOD.ORG & DOMC Site or Service.
TERMINATION
You understand and agree that GJC GROUP, DJOD.ORG or DOMC may, in its sole discretion and at any time, limit, suspend, or terminate your password, Membership Account, or use of any Services, and discard and remove any and all Submissions submitted or posted by you to any GJC GROUP, DJOD.ORG and DOMC Sites or Services, for any reason. GJC GROUP, DJOD.ORG or DOMC may also, in its sole discretion and at any time, discontinue any Site or Services or limit or restrict any Membership access thereto, for any reason. GJC GROUP, DJOD.ORG or DOMC also reserves the right, in its sole discretion and at any time, to cancel unconfirmed accounts or accounts that have been inactive for a long time. You understand and agree that GJC GROUP, DJOD.ORG or DOMC may take any one or more of these actions without any notice to you, prior or otherwise. Should the GJC GROUP, DJOD.ORG or DOMC take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Membership Account, including your Registration Information and Submissions. You understand and agree that GJC GROUP, DJOD.ORG or DOMC shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning your Membership Account.
DISCLAIMER
THE SITE, SITE CONTENT, SITE CODE, THE SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GJC GROUP,DJOD.ORG or DOMC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. GJC GROUP, DJOD.ORG or DOMC DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. GJC GOUP, DJOD.ORG or DOMC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DOMC) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, THE SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECCESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GJC GROUP, DJOD.ORG or DOMC (AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, JOINT VENTURERS, NETWORKS, DISTRIBUTORS AND ATTORNEYS) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GJC GROUP, DJOD.ORG or DOMC (AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, DISTRIBUTORS, JOINT VENTURERS AND ATTORNEYS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE, THE SERVICES OR THE SOFTWARE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WHILE DOMC TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH. GJC GROUP, DJOD.ORG or DOMC (AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, DISTRIBUTORS, JOINT VENTURERS AND ATTORNEYS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF DOMC (AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, DISTRIBUTORS, JOINT VENTURERS AND ATTORNEYS) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO DOMC, IF ANY, FOR ACCESSING AND USING THIS SITE AND/OR THE SERVICES.
COPYRIGHT NOTICE
If you believe that any Submissions or any Site Content has been copied from any content in which you claim a copyright interest in a way that constitutes an infringement of your or on our copyright interest, please forward the following information to the Copyright Agent named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the content you claim infringes on our or your copyright interest was copied without your authorization or that of the copyright owner or his/her/its agent; and, further, that the copying was not a "fair use" of our or your copyrighted content under the copyright law of the Canada or the Isle of man.
- That we had with malice and or in an un innocent omission vented content.
- 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. If you are authorized to act on behalf of the copyright owner, you must provide an electronic or physical signature of the copyright owner on a statement wherein he/she/it authorizes you to act on his/her/its behalf.
GJC GROUP , DJOD.ORG , DOMC Copyright
ATTN TO: Theo Yates
Trademark lawyer
c/o Miltons LLP
700-225 Metcalfe Street
Ottawa, ON
Canada, K2P 1P9
By this notice, GJC GROUP & DJOD.ORG & DOMC seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider or elsewhere in the law of the Canada or any province or territory within the Canada and the legal laws of Isle of Man.
OTHER
GOVERNING LAW;
These Terms of Service shall be construed and enforced in accordance with the laws of the province of British Columbia and the Isle of man without regard to the choice of law principles thereof.
ARBITRATION
If a dispute arises between you and DJOD.ORG & DOMC (collectively, "the parties"), our goal is to provide neutral and cost effective means of resolving the dispute quickly. Accordingly, the parties agree that we will resolve any dispute, claim or controversy at law or equity that arises out of or is related to use of the Site and/or any of the Services, or the contents or the TOS or the Privacy Policy (a "Claim"), in accordance with the provisions of this section or as the parties may otherwise mutually agree in writing. We strongly encourage you to first contact us directly to seek a resolution.
You agree that all Claims shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the Arbitrators Association of British Columbia("AABC") before a single neutral arbitrator ("Arbitrator"). The Arbitrator shall be an attorney or retired judge with at least ten (10) years experience in the software industry and shall be mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AABC. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. There shall be a record of all arbitration proceedings and the Arbitrator shall issue a Statement of Decision setting forth the factual and legal basis for the Arbitrator's decision. If neither party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision (the "Appeal Notice"), the Arbitrator's decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the British Columbia Supreme Court, which may be made ex parte, for confirmation and enforcement of the award. If either party gives a timely Appeal Notice, the Arbitrator's decision shall be appealed to three (3) neutral arbitrators (the "Appellate Arbitrators"), each of whom shall have the same qualifications and be selected through the same procedure as the Arbitrator. The appealing party shall file its appellate brief within thirty (30) days after the date of the Appeal Notice and the other party shall file its brief within thirty (30) days thereafter. The Appellate Arbitrators shall thereupon review the decision of the Arbitrator (applying the same standards of review and all of the same presumptions) as if the Appellate Arbitrators were a British Columbia Court of Appeals reviewing a judgment of the British Columbia Superior Court, except that the Appellate Arbitrators shall in all cases issue a final award and shall not remand the matter to the Arbitrator. The decision of the Appellate Arbitrators shall be final and binding and may be enforced by a petition to the British Columbia Superior Court. The party appealing the decision of the Arbitrator shall pay all costs and expenses of the appeal, including the fees of the Appellate Arbitrators and the reasonable outside attorneys' fees of the opposing party, unless the decision of the Arbitrator is reversed, in which event the expenses of the appeal shall be borne as determined by the Appellate Arbitrators. The Arbitrator shall have the power to enter temporary restraining orders, preliminary and permanent injunctions. Prior to the appointment of the Arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief in a court of competent jurisdiction in British Columbia without thereby waiving its right to arbitration. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
All claims you bring against GJC GROUP & DJOD.ORG or DOMC must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, GJC GROUP & DJOD.ORG or DOMC may recover reasonable attorney’s fees and costs; provided that GJC GROUP & DJOD.ORG or DOMC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim within thirty (30) days of such notice.
Any claim or cause of action arising out of or related to use of the Site and/or any of the Services, or the contents or the TOS must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred.
Any failure to act by GJC GROUP & or DJOD.ORG and or DOMC with respect to a breach by you or others does not waive GJC GROUP or DJOD.ORG & DOMC’s right to act with respect to subsequent or similar breaches.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER IN CONTRACT OR TORT, INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
SEVERABILITY
If any provision of the TOS shall be held unlawful, void, invalid, or for any reason unenforceable, then that provision shall be deemed sever able from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Rules.
ENTIRE AGREEMENT
This TOS sets forth the entire understanding and agreement between you and GJC GROUP or DJOD.ORG & DOMC with respect to the subject matter hereof.
HEADINGS
Headings are for reference purposes only and do not limit the scope or extent of such section.
MISCELLANEOUS
2008