Subject to the terms and conditions set forth in the Agreements and payment of the applicable fees, distil hereby grants to you, and you hereby accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, fee bearing, limited license to access and make personal use of the Website and the Services. The license shall be granted until terminated in accordance with these Terms. Except as specifically permitted by these Terms, you agree not to: (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to anyone else; (ii) modify, disassemble, decompile, reverse engineer, revise or enhance all of any part of the Website or the Services or create any derivative works or otherwise merge or utilize all of any part of the Services or the Website with or into other computer programs or other materials or attempt to discover all or any part of the Website source code; or (iii) copy, print, display, publish or transmit all or any part of the Website or the Services.
The Website and the Services may incorporate software code, trade secrets, patentable subject matter and other proprietary materials, as well as text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties (“Our Content“). Our Content may become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Our Content is for your reference only and should not be relied upon by you for any purpose. Our Content may not be copied, duplicated, distributed, downloaded, sold or otherwise exploited by you in any way, except as agreed to in writing by us. We are not responsible for Our Content‚s accuracy and/or reliability. We may discontinue offering any of Our Content on the Website at any time without notice.
You agree that distil may download and cache on its servers, or servers operated by a third party, documents, information and/or any content and/or meta data contained in your site and/or trafficked to your site (“Your Content“), including without limitation reroute Your Content and all traffic directed to your site to another distil designated IP address, for the purpose of enabling the provision of the Services. We do not claim ownership of Your Content. However, you hereby grant distil a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, host, transfer, reproduce, modify, adapt, publish or otherwise make available to the public, translate, create derivative works from, distribute, perform, display and otherwise exploit Your Content in any form, media, or technology now known or later developed solely for the purpose of enabling provision of the Services. You hereby warrant and represent that: (i) you are the sole owner of and/or hold all rights in and to Your Content; (ii) there are no restrictions, limitations, which prevent or restrict you from granting distil the license above; and (iii) Your Content will not violate the user conduct restrictions set forth in Section 7 hereof.
You acknowledge and agree to bear the following responsibilities:
By using the Website and the Services, you hereby acknowledge and agree that:
You shall use the Website and the Services for personal and lawful noncommercial purposes only. You may not:
To gain access to the Services, you must register on the Website and pay the applicable fee. When you register to use the Services, you agree to provide accurate, current, and complete information about yourself as prompted by the appropriate registration form. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate the Agreements and your use of the portions of the Website available to registrants. As part of the registration process, you will be asked to select a user name and password. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. The Website is for general audiences and is not directed toward those under 13 years of age. If you are under age 13, please do not attempt to register or provide information and/or media to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at by the methods set forth in Section 17. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.
We welcome any user suggestions to assist us in providing new information and services to our users. While we will endeavor to review your suggestions, we may not be able to adequately respond to messages suggesting new ideas. You hereby agree that any idea that you may convey to us shall become our sole and exclusive property and that we will have no liability or responsibility for providing any credit, compensation or other consideration for any idea that you may send to us or for keeping such idea confidential. Such submissions may not be acknowledged and will not be returned.
From time to time, the Website will contain hyperlinks (“Links“) to Websites operated by third parties. Such Links are for your reference only, and we neither control such linked Websites or the third parties that operate them, nor are we liable or responsible for their availability, content, or privacy policies. Display of such Links or the names of their third party operators or owners on the Website does not imply or express any endorsement by us of any individuals or entities referred to in the content of such linked Websites, or of such third parties. You may direct any comments or concerns that you may have regarding any such Links or third parties on the Website to us, by the methods set forth in Section 17. You are solely responsible for any charges or obligations that may be incurred as a result of any dealings with such linked Website operators. Other Websites may also have a link to our Website posted on their Website; you hereby acknowledge and agree that we are not responsible for the content of any such Website or the actions of any operator of any such Website.
Our Website and all materials on this Website including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Intellectual Property“) are or may be protected under United States and worldwide copyrights which are owned or licensed, in whole or in part, by us or otherwise used with permission of their respective owners. Intellectual Property or any third party trademarks, service marks, or copyrights may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from this Website or any other Website owned or operated by us without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Website or any portion thereof, or use of any of the foregoing for any other purpose constitutes an infringement of our copyrights, trademark rights or property and proprietary rights, or of the respective owners of such Intellectual Property. Any use of any portion of this Website on any other Website or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. You represent that you are the sole author and proprietor of any information or ideas that you submit to us, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form. Users or others that believe their copyright or other rights have been infringed by Your Content (“Claimant“) may provide distil‚s Designated Agent (identified below) written notice including the following information:
You agree to defend, indemnify and hold harmless, distil, our affiliates, agents, employees, directors, officers, stockholders, licensors, subcontractors and suppliers, from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys‚ fees and disbursements) arising out of or relating to: (i) your breach or failure of your obligations under the Agreements, (ii) the placement by you of a link to the Website on any Website or in any e-mail, or (iii) your use of the Website or participation in any activities arising from this Website, including but not limited to, the Services. Such indemnity shall include any costs and expenses incurred by us in any actions taken to enforce this indemnity.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, STOCKHOLDERS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER US NOR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, STOCKHOLDERS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS, IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT USE OF OUR WEBSITE AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. OUR WEBSITE, CONTENT AND SERVICES ARE PROVIDED “AS IS, “ AND “AS AVAILABLE“ FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH DISTIL, THE WEBSITE, OR THE SERVICES. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES, AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, DISTIL MAKES NO WARRANTY THAT:
The Agreements shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand executed agreement are subject will govern the Agreements. A printed version of the Agreements shall be admissible in judicial or administrative proceedings based upon or relating to the Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THE AGREEMENTS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED IN THAT STATE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF. You will resolve any claim, cause of action or dispute with distil arising out of or relating to the Agreements, the Website or the Services exclusively in state or federal court located in Orange County, North Carolina. You agree to submit to the personal jurisdiction of the courts located in Orange County, North Carolina for the purpose of litigating all such claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF RELATED TO THE WEBSITE, THE SERVICES OR THE AGREEMENTS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you wish to contact us for any reason, please contact us at: Email: email@example.com , or use the “Contact Us“ link on this Website.
Use of the Website and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreements, including without limitation this Section. Section headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Agreements. Waiver of any breach or default under any provision of the Agreements shall not be effective unless it is in writing and executed by us, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision. The Agreements constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Website and the Services. If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect. Any rights not expressly granted herein are reserved. Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including but not limited to the following Sections: 3, 4, 5, 12, 13, 14, 16, and this Section. These Terms and Conditions of Use were last updated on December 30, 2011.
Up to 60% of your website traffic could be bots! These non-human visitors are automated attacks responsible for fraud, data theft, and slowing down your website performance.Sign Up For Your Free Trial Today