Dpoppen.com Terms of Use Agreement

Welcome to Dpoppen.com. It is our pleasure to have you here. Please read this Terms of Use Agreement carefully, as it outlines the terms and conditions for which you must abide during your visit with us. We encourage you to maintain a current copy of this Terms of Use Agreement for your records at all times.

The Dpoppen.com web site is offered to you on the condition that you accept all of the following terms of use. By using the site, you agree to abide by these terms. Indeed, please discontinue your use of the site immediately if you do not agree to these terms. Be advised that we expressly reserve the right to change these terms of use at any time without notice or liability to you by publishing a revised version of the Terms of Use on the site. Indeed, it is your responsibility to review these terms on a regular basis. By continuing to use the site, you agree to accept any change in these terms.

Restrictions on Use and Intellectual Property
The Dpoppen.com web site is owned and operated by Dpoppen, Inc. (commonly referred to herein as "we," "us," or "Dpoppen"). Dpoppen reserves the right from time to time to outsource the operation of the site to a third party or corporate affiliate.

All materials on this site are the copyrighted material of Dpoppen, its subsidiaries, affiliated companies, and/or licensors. All trademarks, service marks and brand names are owned by Dpoppen, its subsidiaries, affiliated companies, and/or licensors.

You may view and download materials from our site for your individual personal (or familial), noncommercial use. Such use is on the condition that you maintain any copyright, trademark, or other legal notices on the material downloaded from the site. These notices may not be altered in any way, shape, or form.

Further, you do not have our permission to alter, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, sell, or make other any other use of any of the materials downloaded from the site. Any use of these materials, other than the permissible uses expressly stated herein, is a violation of our copyrights and other proprietary rights.

Links to Other Web Sites
This site may contain web links to other third party Internet sites. Dpoppen, its subsidiaries, affiliated companies, and/or licensors may not operate or control the content found on these third party Internet sites. Further, the presence of such web links should not be construed as an endorsement of these third party Internet sites or their content. Your use of these web links shall be made at your own risk. In other words, we assume no liability for your use of these web links.

Linking to Dpoppen.com
Permission must be granted by us for any type of link to (or similar request regarding) the Dpoppen.com and supporting pages. To seek our permission, you may contact our web master at info.dpoppen@gmail.com. Any third party Web site that links to Dpoppen.com and supporting pages: (a) shall not create a frame, browser or border environment around any of the content on Dpoppen.com and supporting pages; (b) may link to, but not replicate, Dpoppen.com and supporting pages content; (c) shall not imply that Dpoppen, Inc. or any of its subsidiaries are affiliated with the third party Web site or in any way endorsing, promoting, or sponsoring it or its products or services; (d) shall not present false information about Dpoppen, Inc. or its subsidiaries or its products or services; (e) shall not use Dpoppen, Inc. or any of its subsidiaries' trademarks, copyrighted materials, designs, artwork, verse, content, or any other intellectual property without the prior written permission from Dpoppen, Inc. or its subsidiaries as the case may be; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.

Indemnity
You agree to indemnify and hold harmless Dpoppen, its subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the site (including their directors, officers, employees, and agents) from any claims, liabilities, damages, and expenses (including reasonable attorney(s) fees) that may arise from your use of the site in any way or from your breach of the terms of this Terms of Use Agreement. Dpoppen reserves the right to assume the sole defense and control of any matter subject to indemnification by you. This reserved right in no way eliminates or excuses your indemnity obligations.

Disclaimer and Limitation of Liability
Dpoppen makes no representation that the materials contained in the site are appropriate or authorized to use in all countries, states, provinces, counties, municipalities, or any jurisdiction thereof. If you choose to access this site, you do so AT YOUR OWN RISK. You are solely responsible for compliance with all applicable laws.

This site is to be used for general information and entertainment purposes only. It is not intended for any other purpose. This site does not dole out educational, medical, health, legal, or financial advice.

THE MATERIALS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. INDEED DPOPPEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES.

FURTHER, DPOPPEN DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS.

UNDER ABSOLUTELY NO CIRCUMSTANCES SHALL DPOPPEN, ITS SUBSIDIARIES (INCLUDING TCFC AND AGC), AFFILIATED COMPANIES, LICENSORS, AND THOSE THIRD PARTIES ASSISTING IN THE OPERATION OF THE SITE (INCLUDING THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE WHATSOEVER, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

NOTE THAT BECAUSE OF SOME STATE OR LOCAL LAW, THE ABOVE EXCLUSION OR LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL DPOPPEN' TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Finally, we do not assume any liability for any damage or costs you may incur as a result of transmissions over the Internet or other publicly accessible networks, including the exchange of e-mail (which may or may not contain your personal information). In no event shall the information you provide us be deemed confidential. We are not liable under any circumstances in which information is inadvertently released by us or accessed by third parties without our express, written consent.

Term And Termination
This Terms of Use Agreement is effective until terminated by Dpoppen. To that end, Dpoppen reserves the right to deny access to this site at any time and the right to terminate this Agreement for any reason whatsoever, with or without notice. Upon such termination, you agree to discontinue your use of the site. You also agree to immediately destroy any and all materials you obtained from this site.

Miscellaneous Provisions
Reservation of Rights. Any rights not expressly granted herein are reserved for Dpoppen.

This Agreement Controls. All other notices, policies, disclaimers, and terms and conditions contained in this site are incorporated herein. Should there be a conflict between such other terms and conditions and the terms of this Terms of Use Agreement, the Terms of Use Agreement shall be controlling.

Choice of Law. This Agreement is governed by the laws of the State of Florida of the United States of America, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Miami-Dade County, Miami, Florida, U.S.A. in all disputes arising out of or relating to the use of this site.

Severability. If any term or provision of this Terms of Use Agreement shall be found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the same shall not effect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary in the court's opinion to render such term or provision enforceable, and the terms and conditions hereunder shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of this Agreement herein set forth.

Complete Agreement. This Agreement, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by Dpoppen, constitutes the complete agreement and understanding between you and Dpoppen, its subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the site with respect to the subject matter hereof and supersedes all prior agreements and understandings, written or oral. This Agreement may not be amended by the user. This Agreement supersedes any previous quotations, correspondence, or other communications, written or oral, between you and Dpoppen, its subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the site.

Dpoppen, Inc.

Effective June 1, 2007.