July 3rd, 2008
Legal Policy
You have accessed the DoOneNiceThing.com website ("the Site"). The Site is owned and operated by Adrenaline, Inc. d/b/a Do One Nice Thing™ ("D1NT"). By accessing this Site, you are deemed to have read, understood and accepted the terms of this notice. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
Ownership of Intellectual Property
“Do One Nice Thing”, “D1NT”, the Do One Nice Thing logos, and all site design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof (the "Material") are the property of D1NT and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. D1NT hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of D1NT. Use of the Material is only permitted with D1NT’s express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. All rights not expressly granted herein are reserved.
Submission of Materials
D1NT actively solicits ideas, suggestions, photographs, artwork and other materials for this Site and for D1NT’s products, publications and audio and/or visual productions (collectively, "Submissions"). However, D1NT requires that it have the right to use any Submission in any way it sees fit without either obtaining your consent or paying you or anyone else any compensation. Accordingly, by sending us a Submission, you automatically grant to D1NT a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the Submission or incorporate the Submission into any form, medium, or technology now known or later developed for any purpose, including but not limited to the manufacture, sale, advertising and promotion of products of every type and kind. Further, you automatically waive all “moral” and similar rights with respect to the Submission. D1NT shall not be obligated to keep any such Submission confidential, and D1NT shall not be liable for any use or disclosure of the Submission. In addition, by sending us a Submission, you are representing to D1NT that you are at least eighteen years of age and that you have the authority (on behalf of yourself and all other persons who either contributed to or appear in the Submission) to grant these rights to D1NT.
Postings and Bulletin Boards
D1NT may allow you to post messages to a bulletin board or read the posted messages of other users. You shall not post, distribute through, or otherwise publish through this Site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. D1NT reserves the right to remove any posting which, in D1NT’s sole discretion, violates any of these terms and conditions, are off the subject, or are not in English (although D1NT has no duty to do so). D1NT also reserves the right to make available to the proper law enforcement officials any postings which, in D1NT’s sole discretion, might be construed as harassing or stalking or which violates any law.
Each posting to the this Site is a “Submission” for all purposes and is subject to the policy on Submissions set forth above.
The information, facts or opinions which are posted by users at this Site do not necessarily reflect the views of D1NT, and D1NT does not assume responsibility or liability for the materials found here, nor for any claims, damages of losses resulting from any use of this service or the materials contained herein. If you are the owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this site, please notify D1NT immediately at the following address: Do One Nice Thing, 305 South Carmelina Avenue, Los Angeles, CA 90049.
Linking
It is forbidden to create a hyperlink to the Site or any part of the Site without our prior written consent. Although we may have linked the Site to other people’s Web Sites, we have not reviewed the contents of those other sites and do not necessarily endorse their contents. If you access any such linked site, you do so at your own risk.
DISCLAIMER
THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, D1NT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. D1NT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D1NT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT D1NT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. 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 D1NT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SITE, EVEN IF D1NT OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL D1NT '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.
General Provisions
The materials on this Site are presented solely for promotional purposes in the United States. This Site is controlled and operated by D1NT from its offices within the state of California. This Site may describe products that are not available worldwide. D1NT does not warrant or represent that materials on this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from this Site in violation of United States export controls. These terms shall be governed by and construed according to the laws of the state of California, as they are applied to agreements entered into and to be performed entirely within California. Any claim or cause of action arising out of or relating to these terms shall be barred unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the County of Los Angeles, California, and you consent to the exclusive jurisdiction of such courts for the purpose of litigating such actions. Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms. This is the entire agreement between us relating to your use of this Site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by an officer of D1NT.