When using DuMall, you agree to the following terms and conditions (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular DuMall services, you shall be subject to any posted guidelines applicable to such service. If you do not agree to these Terms of Service please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the DuMall Service following the posting of changes to these terms (including DuMall's Forum Guidelines) will mean you accept those changes.

Overview

DuMall is a multi-purpose service which allows you to use or access a variety of products and services, including e-mail, chat rooms and bulletin boards, shopping services, and broad range of other content (collectively the "DuMall Service"). These Terms of Service apply to the DuMall Service as well as any new products or services that we may add in the future (unless stated otherwise).

General Terms of Service and Restrictions on Use of Materials

By using the DuMall Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, DuMall reserves the right to terminate your access the DuMall Service. DuMall may discontinue or alter any aspect of the DuMall Service, including, but not limited to, (i) restricting the time the DuMall Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the DuMall Service, at DuMall's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the DuMall Service through an available Internet account. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the DuMall Service. You further certify that you are an individual.

You acknowledge that the DuMall Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and DuMall owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The DuMall name and logo are exclusively licensed to the DuMall.com. All other trademarks appearing on the DuMall Service are trademarks of their respective owners. DuMall's partners may also have additional proprietary rights in the content which they make available through the DuMall service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by DuMall, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by DuMall or by a third party which has given DuMall the right to distribute their software. DuMall does not transfer title to the Software to you, nor does the third transfer it's title. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form, unless the software is stated and provided under such terms that may allow you to do so, such as some form of freeware. Any such freeware may contain it's own agreement which you agree to in the event that you use the software, so read any agreement that may come with any software that you download or in any way obtain through or from DuMall.

Registration

If you elect to register to use the DuMall Service and/or participate in any other services offered by DuMall you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the DuMall Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or DuMall has reasonable grounds to suspect that such is the case, DuMall has the right to suspend or terminate your account and refuse any and all current or future use of the DuMall Service (or any portion thereof).

DuMall's Privacy Policy

Pursuant to DuMall's privacy policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms of Service. For more information, please see our full Privacy Policy.

Community Standards and Conduct in DuMall Forums

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the DuMall Service. DuMall does not control all of the Content posted via the DuMall Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the DuMall Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DuMall be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the DuMall Service.

A "Forum" refers to a chat area, bulletin board, "instant messaging" or virtual community offered as part of the DuMall Service. DuMall also provides its users with access to e-mail. The Forums and e-mail shall be used only in a noncommercial manner. You shall not, without DuMall's express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we will not monitor, edit, or disclose the contents of a user or member e-mail unless required in the course of normal maintenance of DuMall Service and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on DuMall; (2) protect and defend the rights or property of DuMall; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.

All DuMall Forum communications, including chat and bulletin board communications are public and not private communications. Although DuMall reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Your privilege to use the DuMall Forums and contribute to discussions on the DuMall Forums depends on your compliance with the member conduct guidelines set forth above. DuMall may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, DuMall, in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.

Parental permission is required for children 12 years of age or under to use any DuMall Forums. Please remember, when using any DuMall services or Forums, you agree to abide by the member conduct guidelines set forth above. DuMall does not permit registered users under the age of 13 to participate in chat.

DuMall reserves the right to monitor some, all, or no areas of DuMall Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, DuMall is acting as a passive conduit for such distribution and DuMall is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.

Submissions

By posting or submitting content to this site, you grant DuMall and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by DuMall will not infringe or violate the rights of any third party.

If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of DuMall. None of the Submissions shall be subject to any obligation of confidence on the part of DuMall, and DuMall shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, DuMall shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Links

The DuMall Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DuMall has no control over such sites and resources, you acknowledge and agree that DuMall is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DuMall shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

DISCLAIMER

DuMall uses diligent efforts to maintain the DuMall Service, but DuMall is not responsible for any defects or failures associated with the DuMall Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, DuMall makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the DuMall Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the DuMall Service may locate unintended and objectionable content.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE DUMALL SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK DUMALL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, DUMALL MAKES NO WARRANTY THAT THE DUMALL SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE DUMALL SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE DUMALL SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DUMALL SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM DUMALL PERSONNEL OR THROUGH THE DUMALL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.

Disclaimer Regarding Shopping Retailers

The DuMall Service provides shopping services to help you locate and potentially purchase products from online and offline retailers. DuMall does not, however, control these independent retailers and DuMall does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by DuMall you acknowledge and agree that: DuMall does not endorse any of the products or services ("Merchandise") linked to from or through the DuMall Service, nor has DuMall taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through DuMall or their own web sites. DuMall expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DUMALL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DUMALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE DUMALL SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE DUMALL SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DUMALL SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE DUMALL SERVICE. IN NO EVENT SHALL DUMALL'S TOTAL LIABILITY 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, IF ANY, FOR ACCESSING THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DUMALL, it's AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY DUMALL OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and modification

You agree that DuMall, in its sole discretion, may terminate your password, account (or any part thereof) or use of the DuMall Service, and remove and discard any Content within the DuMall Service, for any reason, including, without limitation, for lack of use or if DuMall believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. DuMall may also in its sole discretion and at any time discontinue providing the DuMall Service, or any part thereof, with or without notice. You agree that any termination of your access to the DuMall Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that DuMall may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the DuMall Service. Further, you agree that DuMall shall not be liable to you or any third-party for any termination of your access to the DuMall Service.

Governing Law and Other Miscellaneous Terms

These terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the State of New Jersey and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and DuMall relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of DuMall's successors, assigns and licensees.

COPYRIGHT AND COPYRIGHT NOTICES

DuMall respects the intellectual property of others, and we ask our users to do the same. DuMall may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DuMall the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

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. Please email us at copyrights@dumall.com in order to receive and physical address where to send the materials.