Terms of Use

Date of last revision:  November, 2014
 

Overview

The following are terms of a legal agreement between you and Dry Water Productions, Inc. (“DWP, Inc.”).  By accessing, browsing, or using this Website, mobile application or other DWP, Inc. product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or any and all other devices (collectively, "Device"), you signify and acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including without limitation, export and re-export control laws and regulations.  If you do not agree to these terms, please do not access, browse, or use any Platform. 
 
DWP, Inc. may, without notice to you, at any time revise these Terms of Use and any and all (collectively, “any” or “all”) other information contained in any Platform by updating this posting.  DWP, Inc. may also make improvements or changes in the products, services, or programs described in any Platform, including without limitation any website at any time without notice. 


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY PLATFORM, INCLUDING WITHOUT LIMITATION, ANY WEBSITE.


General

Any Platform may contain proprietary notices and copyright information, the terms of which must be observed and followed.  

Any Platform and all content therein may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without DWP, Inc. prior written consent, except that DWP, Inc. grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within any Website, solely on your computer and for your personal, non-commercial use of this Website.  This permission is conditioned on your not modifying the content displayed on any Website, your keeping intact all intellectual property (including without limitation, copyright, trademark, and other proprietary) notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in any Website. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from any Platform with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on any Platform may likely result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.  Except for the limited permission in the preceding paragraph, DWP, Inc. does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.  You may not mirror any of the content from any Platform on any another Platform, including without limitation, any Website or in any other media.


Certain disclaimers

Information on any Platform, including a Website is not promised or guaranteed to be correct, current, or complete, and any Platform may contain technical inaccuracies or typographical errors.  DWP, Inc. assumes no responsibility (and expressly disclaims responsibility) for updating any Platform to keep information current or to ensure the accuracy or completeness of any posted information.  Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Website or any Platform.

DWP, Inc. provides no assurances that any reported problems will be resolved by DWP, Inc., even if DWP, Inc. elects to provide information with the goal of addressing a problem.


Forward-looking and cautionary statements

Except for historical information and discussions, statements set forth throughout this Website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws.  These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in any filing with any governmental body.


Confidential information

DWP, Inc. does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to DWP, Inc. will be deemed NOT to be confidential.  By sending DWP, Inc. any information or material, you grant DWP, Inc. an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that DWP, Inc. is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of any Platform will be published or otherwise used with your name on it; or (c) we are required to do so by law.  Personally-identifiable information that you submit to DWP, Inc. for the purpose of receiving products or services will be handled in accordance with our privacy policies.  Please see the tab entitled “Privacy” for information regarding DWP, Inc. privacy policies.


Links

Any Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms").  DWP, Inc. neither endorses, monitors nor has any control over these Third Party Platforms, which have separate terms of use and privacy policies.  DWP, Inc. is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

All links to any Platform, including without limitation any Website must be approved in writing by DWP, Inc., except that DWP, Inc. consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on any Platform or this Website or use other techniques that alter in any way the visual presentation or appearance of any content therein; (b) misrepresent your relationship with DWP, Inc.; (c) imply that DWP, Inc. approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about DWP, Inc. or otherwise damage the goodwill associated with the DWP, Inc. name or its trademarks.  As a further condition to being permitted to link to this Website, you agree that DWP, Inc. may at any time, in its sole discretion, terminate permission to link to its Website.  In such event, you agree to immediately remove all links to any Platform, including without limitation, any Website and to cease using any DWP, Inc. trademark.


Intellectual Property

All intellectual property on any Platform (except for User Generated Content) is owned by DWP, Inc. or its licensors, which includes materials protected by copyright, trademark, or patent laws.  All trademarks, service marks and trade names (including without limitation, LUMBOS™ embodiment name and any related design) are owned, registered and/or licensed by DWP, Inc. All content on any Platform (except for User Generated Content), including without limitation to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of DWP, Inc. with all rights reserved. 

DWP, Inc. possesses and is further seeking possession of other intellectual property assets, including without limitation, patents pending in the United States and other countries. 


Product Orders

All orders placed through any Platform are subject to DWP, Inc. acceptance.  This means that DWP, Inc. may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card or other form of payment has already been charged for an order that is later cancelled, DWP, Inc. will issue you a refund.


Physical Activity Notice

Any Platform may include features that promote physical activity.  You must consider the risks involved and consult with your medical professional before engaging in any physical activity.  DWP, Inc. is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of any Platform.


Safeguard Your Username/Password

Once functionality is enabled, you will be responsible for any actions that take place while using your DWP, Inc. account.  Keep your username/password secure and do not allow anyone else to use your username/password to access any Platform.  DWP, Inc. is not responsible or liable for any loss that results from the unauthorized use of your username/password, with or without your knowledge.


User Generated Content

“User Generated Content” includes without limitation any communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through any Platform, except to the extent the Content is owned by DWP, Inc..


 
POSTING RULES:  USER GENERATED CONTENT AND USER CONDUCT


RESPONSIBLITY
 
You are solely responsible for your User Generated Content, your interactions with other users and your activity on any Platform, including without limitation any Website.  You must not take any action or post anything that may expose DWP, Inc. or its users to any harm or liability of any type.


RELEVANCE AND CONSTRUCTIVENESS

Stay on topic and post only constructive comments and questions. Unless any Platform feature requests for it, do not discuss policies, future products, speculations or rumors about DWP, Inc. and its products, or anything else off topic.


 
COURTEOUSNESS AND APPROPRIATENESS

Flaming and insults are prohibited.  You may not post User Generated Content, or a link to a website, that, in DWP, Inc. sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is in any way otherwise objectionable. You may not post photos or videos of another person without that person's consent.  You may not “stalk,” intimidate, abuse, harm or harass another Platform user or person.
 

PRIVACY

You may not pos personal information.  You may not collect or solicit personal information from other Platform users or send unsolicited emails or other communications.  You may not collect, use or post on any Platform the private information of anyone else without their consent or for illegal purposes.

 
PERSONAL

You may not use any Platform, including without limitation, any Website, for any commercial purpose.  You may not post any advertising, solicitation or commercial content whatsoever on any Platform or accept payment from a third party in exchange for your performing commercial activity on any Platform.  You may not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."  You may not use automated scripts to collect information from, or otherwise interact with, any Platform.


AUTHENTICITY

You may not impersonate any person or entity, including without limitation athletes or DWP, Inc. employees.  You may not misrepresent yourself, your age or your affiliation with any person or entity.  You may not register for more than one DWP, Inc. account, register a DWP, Inc. account on behalf of another individual, group or entity, or sell or transfer your profile or account.  You may not use or attempt to use another person's account, username or password.


ORIGINALITY

You promise that you own or control all rights in any User Generated Content that you post on any Platform.  You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights.  You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant DWP, Inc. all of the license rights granted in these Terms of Use.


LEGALITY

You may not post any User Generated Content, take any action or use any Platform in a way that violates any law, would create liability or promotes illegal activities.  You may not take any action on any Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or any Platform.  You may not post User Generated Content that contains software viruses, programs or other computer code.  You may not circumvent or modify any Platform security technology or software.


CONTENT NOT PRESCREENED

DWP, Inc. does not and will not prescreen User Generated Content.  DWP, Inc. does not guarantee any Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. DWP, Inc. is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on any Platform.  Even in the event DWP, Inc. chooses to monitor any User Generated Content, DWP, Inc. assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.  DWP, Inc. reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.


ELIGIBILITY AND REGISTRATION

To become a member of the DWP, Inc. Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on any Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for any Platform.  You represent and warrant that you are 13 or older.  Your account may be deleted without warning if you misrepresent your age, whether older or younger.


DWP, Inc. RIGHTS TO YOUR POSTING

Your User Generated Content is neither confidential nor proprietary.  You grant, and warrant that you have the right to grant, to DWP, Inc. a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.


USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person.  DWP, Inc. is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through any Platform, or persons who find you because of information posted on, by or through any Platform.  You agree to take reasonable precautions in all interactions with other users on any Platform, and conduct any necessary investigation before meeting another person. DWP, Inc. is under no obligation to become involved with any user dispute, but may do so at its own discretion.
 

PLATFORM USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in any Platform or to place an order or purchase DWP, Inc. products.  You agree not to change or delete any ownership notices from materials downloaded or printed from any Platform.  You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on any Platform, including User Generated Content (defined below), without DWP, Inc. prior written consent, unless it is your own User Generated Content that you legally post on any Platform.  You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.


WARRANTY DISCLAIMER

DWP, Inc. is not responsible or liable for any User Generated Content or other Content posted on any Platform or for any offensive, unlawful or objectionable content you may encounter on or through any Platform.  Any Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind.  To the fullest extent permitted by law, DWP, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.  DWP, Inc. cannot guarantee and does not promise any specific results from use of any Platform.  DWP, Inc. does not represent or warrant that any Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes any Platform available are free of viruses or anything else harmful.  To the fullest extent permitted by law, DWP, Inc.  does not make any warranties or representations regarding the use of the materials or Content in any Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise.  You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access any Platform, loss of data or other harm of any kind that may result.  DWP, Inc. reserves the right to change any and all Content and other items used or contained in any Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


COPYRIGHT INFRINGEMENT COMPLAINTS

If you believe that your work has been improperly copied and posted on any Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on any Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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.  These requirements must be followed to give DWP, Inc. legally sufficient notice to DWP of infringement.  Send copyright infringement complaints by U.S. post, postage pre-paid, using any tracking method, to:
 

Newman Law Offices
Attn:  Dry Water Productions, Inc. (Copyright)
888 16th Street, NW; Suite 800
Washington, DC  20006
(202) 544-8040


DWP, Inc. suggests that you consult your legal advisor before filing a notice since there may be penalties for false claims.


Mobile Services

Any Platform, including without limitation any Website, may contain services and features that are available to certain mobile Devices.  Your carrier's normal rates and fees apply.  Not all mobile services will work with all carriers or Devices.  By using DWP, Inc. mobile services, you agree that, once functionality is enabled, we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us.  If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we do not send your messages to a different person.


Privacy

DWP, Inc. Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on any Platform.


Translations

Certain text in any Platform may be made available in languages other than English.  Text may be translated by a person or solely by computer software with no human intervention or review.  These translations are provided as a convenience to you, and DWP, Inc. makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person.  Please see the below Disclaimer of Warranty for additional conditions.


Indemnification

You agree to indemnify, defend, and hold harmless DWP, Inc. and its affiliates, officers, directors, employees, agents, attorneys, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of any Platform, your conduct in connection with any Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.


DISCLAIMER OF WARRANTY

USE OF ANY PLATFORM, INCLUDING WITHOUT LIMITATION ANY WEBSITE, IS AT YOUR SOLE RISK.  ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER.  DWP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, DWP MAKES NO WARRANTY OR GUARANTEE THAT ANY PLATFORM, INCLUDING WITHOUT LIMITATION, ANY WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY

IN NO EVENT WILL DWP BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM ANY PLATFORM,
INCLUDING WITHOUT LIMITATION ANY WEBSITE OR ANY USE THEREOF, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF DWP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCORDINGLY, DWP, INC. SHALL NOT BE LIABLE, INTER ALIA, FROM THE USE OF, OR THE INABILITY TO USE, ANY PLATFORM, INCLUDING WITHOUT LIMITATION ANY WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH ANY PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A DWP, INC. EVENT OR ANY USER GENERATED CONTENT, EVEN IF DWP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF ANY PLATFORM.  YOUR ONLY REMEDY AGAINST DWP, INC. FOR USE OF ANY PLATFORM OR ANY CONTENT IS TO STOP USING ANY PLATFORM.  THAT SAID, IF DWP, INC. IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, DWP, INC. LIABILITY SHALL NOT EXCEED ONE-HUNDRED DOLLARS ($100.00 USD).  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.

THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.


Termination

DWP, Inc. reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of any Platform for any or no reason, without notice, and without liability to you or anyone else.  DWP, Inc. also reserves the right to block users from certain IP addresses or Device numbers and prevent access to any Platform.  You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of any Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on any Platform or on other platforms even after your User Generated Content is removed or your account is terminated.  These Terms of Use remain in effect even after your account is terminated.  The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.


Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable.  If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through any Platform.  In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use.


 
 
 
 
                                                       © Copyright Dry Water Productions Inc., 2014.  All rights reserved.



 




 
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