I
Acceptance of Terms
II
Intellectual Property
III
Your Conduct
IV
Comments, Communications and Other Content
V
Links
VI
Indemnification
VII
Disclaimer of Warranties
VIII
Limitation of Liability
( I
) Acceptance of Terms
Welcome to D'ALASKA CO. The following terms of use ("Terms") govern the use of
the dalaska.com website ("Website"). Read these terms
carefully before You ("You") accept these Terms by: (a) placing an order
through dalaska.com, or (b) otherwise using the Website. If You do not agree
with all of these Terms, do not use this Website.
D'ALASKA CO. ("dalaska.com") is the owner and operator of
dalaska.com.
The Terms are entered into by and between D'ALASKA CO. and You. Any reference
herein to D'ALASKA CO. shall be deemed to refer to D'ALASKA
CO. and/or dalaska.com,
as applicable under the circumstances. The products offered for sale and other
on-line resources accessible via dalaska.com, are provided to You, subject to
the Terms. Unless explicitly stated otherwise, the Terms will govern Your
use of any new features that augment or enhance the Website.
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( II
) Intellectual Property Rights
Unless otherwise indicated, all information, images, text, messages,
illustrations, graphics, logos, designs, icons, photographs, programs, data,
software, music, sound, video, or other materials that are part of this Website
(collectively, the "Content") are protected by copyrights, trademarks, service
marks, publicity rights, or other proprietary rights and laws owned, controlled
or licensed by D'ALASKA CO. or by third parties (the "Third Party Providers") who
have provided materials to D'ALASKA CO., and these rights are valid and protected
in all forms, media and technologies, existing now or hereinafter developed. All
Content is copyrighted as a collective work under the U.S. copyright laws, and
D'ALASKA CO. owns a copyright in the selection, coordination, arrangement, and
enhancement of such Content.
Except as set forth herein, none of the Content may be copied, reproduced,
framed, modified, removed, sold, distributed, republished, downloaded, displayed,
posted, transmitted, or otherwise exploited, in whole or in part, in any form
or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior express written
permission of D'ALASKA CO. or the Third Party Provider. No part of this Website
may be reproduced or retransmitted in any way, or by any means, without the
express written permission of D'ALASKA CO. You also may not, without D'ALASKA
CO.
prior express written permission, "mirror" any of the Content contained on this
Website on any other server.
D'ALASKA CO. is committed to respecting others' intellectual property rights,
and we ask our users to do the same. D'ALASKA CO. may, in its sole discretion,
terminate the accounts or access rights of users who infringe or otherwise
violate others' intellectual property rights. If You believe that Your work
has been copied in a way that constitutes copyright infringement on our Website,
please contact D'ALASKA CO. via our
Feedback form,
by calling toll free at 1(888) 4DALASKA or by E-mail to
Info@dalaska.com.
Nothing on this Website shall be construed as conferring any license under
any of D'ALASKA CO. or any Third Party Provider’s intellectual property rights,
whether by estoppel, implication, or otherwise. You acknowledge sole
responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download
D'ALASKA CO.
Content on the Website for personal, non-commercial use only, provided You do
not modify the materials and that You retain all copyright notices, trademark
legends, and other proprietary rights notices contained in the materials. This
permission terminates automatically if You breach any of these Terms. Upon
termination, You must immediately destroy any downloaded and printed materials.
The Content on this Website may be used only as a shopping
and browsing resource. Any
unauthorized use of any Content contained on this Website may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
D'ALASKA CO. has not independently authenticated content provided by Third Party
Providers in whole or in part. D'ALASKA CO. does not provide, sell, license,
or lease any of the Content other than those specifically identified as being
provided by D'ALASKA CO..
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( III
) Your Conduct
You agree to use dalaska.com only for lawful purposes. You are prohibited
from posting on or transmitting through dalaska.com any Content that violates
or infringes anyone’s intellectual property rights (including copyrights,
trademarks, trade secrets, patents, publicity rights or (to the extent
protectable) confidential ideas) or that is obscene, obscene as to minors,
child pornography, defamatory, racist, lewd, lascivious, filthy, excessively
violent, harassing, or otherwise deemed by D'ALASKA CO. to be harmful or
objectionable, or that intentionally or unintentionally violates any
applicable local, state, national or international law, or any regulations
having the force of law.
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( IV
) Comments, Communications and Other Content
All comments, communications, ideas, and other content disclosed, submitted or
offered to D'ALASKA CO. on or by this Website or otherwise disclosed, submitted
or offered in connection with Your use of this Website (collectively, the
"Comments") shall be and remain D'ALASKA CO. property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to
D'ALASKA CO. of all worldwide rights, titles and interests in all copyrights
and other intellectual properties in the Comments. Thus,
D'ALASKA CO. will own
exclusively all such rights, titles and interests and shall not be limited in
any way in its use, commercial or otherwise, of any Comments.
D'ALASKA CO. is
and shall be under no obligation (I) to maintain any Comments in confidence;
(II) to pay to user any compensation for any Comments; or (III) to respond to any
user Comments. You agree that no Comments submitted by You to the Website will
violate any right of any third party, including copyright, trademark, privacy
or other personal or proprietary right(s). You further agree that no Comments
submitted by You to the Website will be or contain libelous or otherwise
unlawful, abusive or obscene material. You are and shall remain solely
responsible for the content of any Comments you make.
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( V
) Links
The Website may provide, or third parties may provide, links to other Internet
sites or resources. Because D'ALASKA CO. has no control over such sites and
resources, You acknowledge and agree that D'ALASKA CO. 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.
D'ALASKA CO.
will 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.
This Website may be linked to other websites that are not under the control
of and are not maintained by D'ALASKA CO. Therefore
D'ALASKA CO. is not responsible for the
content of those sites. D'ALASKA CO. is providing these links to You only as a
convenience, and the inclusion of any link to such sites does not imply
endorsement by D'ALASKA CO. of those sites.
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( VI
) Indemnification
You agree to indemnify and hold D'ALASKA CO., and its subsidiaries, affiliates,
officers, agents, co-branders, or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third
party due to or arising out of the use of the Website.
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( VII
) Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY
D'ALASKA CO. ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY
STATED, THE CONTENT ON THIS WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS",
AND IS FOR COMMERCIAL USE ONLY. D'ALASKA CO. DISCLAIMS ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. D'ALASKA CO. MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS
OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF
ANY OF THE CONTENT CONTAINED ON D'ALASKA CO. WEB SITES.
D'ALASKA CO. MAY MAKE
AVAILABLE ON D'ALASKA CO.'s WEB SITES CONTENT AVAILABLE FOR DOWNLOADING THAT HAS
BEEN SUBMITTED BY THIRD-PARTY USERS OF D'ALASKA CO.'s WEB SITES. ANY QUESTIONS
REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT.
IN NO EVENT WILL D'ALASKA CO. OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR
COMPLETENESS OF THE CONTENT OR INFORMATION FROM D'ALASKA
CO.'s WEB SITES.
D'ALASKA CO. MAKES NO WARRANTY OR CONDITION THAT: (I) THE WEBSITE WILL MEET YOUR
REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE
WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE
WILL MEET YOUR EXPECTATIONS, OR THAT (V) ANY ERRORS IN THE WEBSITE SOFTWARE
WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES
OR ANY HACKER'S ATTACK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
D'ALASKA CO. OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY OR CONDITION NOT
EXPRESSLY STATED IN THE TERMS. D'ALASKA CO.'S EMPLOYEES ARE NOT AUTHORIZED TO
VARY THESE TERMS.
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( VIII
) Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, D'ALASKA CO. IS NOT LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER
ECONOMIC ADVANTAGE (EVEN IF D'ALASKA CO. HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY,
WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, ARISING OUT OF OR RELATED TO: (I) THE USE OF OR THE INABILITY TO
USE THE WEBSITE; (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 WEBSITE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER
MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE,
MODIFY OR DISTRIBUTE FROM D'ALASKA CO.’S WEB SITE.
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D'ALASKA CO.®™
