Community Terms of Use

DOLFIN COMMUNITY CENTER TERMS AND CONDITIONS

DOLFIN, operating through DOLFIN Academy, LLC, (together with its affiliates, “DOLFIN”, the “Company”, “we”, or “us”) provides the DOLFIN Community Center (the “Community”) as an opportunity for you (for purposes of these Terms, “you” includes, individually and collectively, an individual subscriber, an institutional subscriber, or an authorized user of an institutional subscriber that is accessing the Community) to interact with your peers, share knowledge, news and information related to the DOLFIN™ Site, DOLFIN Resource Center™ and other Company services (collectively, the “Services”). These DOLFIN Community Center Terms and Conditions, together with your agreements with the Company, the Company’s legal notices and Master Terms of Use, DOLFIN Privacy Policy, (collectively, the “Terms”) apply to your use of the Community. By using the Community, you are agreeing to these Terms. We will enforce and ensure compliance with these Terms using methods we consider to be appropriate.

We reserve the right to modify these Terms at any time without giving you prior notice. Your continued use of the Community constitutes your agreement to be bound by these Terms as modified. You agree to review the Terms on a regular basis and always remain in compliance.

  1. Access to the DOLFIN Community

To access the Community, you must have created a User Account (“Account”) pursuant to Section 3 of the Master Terms of Use.

  1. Your Conduct and Content
  2. Acceptable Use.You will use the Community for its intended purpose only and will not use it for solicitation or advertising purposes. You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the Community or Community Content.

For the purposes of these Terms, “Community Content” means all content, including without limitation, messages, data, information, video and images, provided through or disclosed by use of the Community, whether by us or other users of the Community. Community Content does not include Your Content. “Your Content” means all content, including without limitation, messages, data, information, video and images, provided through or disclosed by use of the Community, by you. You are solely responsible for all of Your Content.

Without limiting the other requirements in these Terms, you may not (directly or indirectly) use the Community with content, or in a manner that:

  • is in violation of these Terms;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • collects information about other users without their consent;
  • is threatening, abusive, harassing, stalking, or defamatory;
  • is deceptive, false, misleading or fraudulent;
  • is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
  • promotes racism, sexism, hatred or physical harm of any kind;
  • contains vulgar, obscene, indecent or unlawful material;
  • infringes a third party’s intellectual property right(s);
  • contains viruses, corrupted files, or any other similar software or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of any content;
  • impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • damages, disables, or interferes with any other party’s use and enjoyment of the Community;
  • constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • attempts to gain unauthorized access to the Community;
  • is in violation of any applicable law or regulation; and/or
  • in the sole judgment of the Company, is otherwise objectionable.
  1. Privacy.You should exercise caution when deciding to disclose personal information. If you voluntarily disclose information in the Community, that information may be collected and used by third parties to send you unsolicited messages, advertisements or for other purposes. The Company does not control the actions of such third parties and is not liable for those actions.
  2. The Company’s Proprietary Rights

These Terms do not grant you any right, title or interest in the Community, Services, our trademarks, logos or other intellectual property, or others’ content in the Community. The Company’s products are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them.

You may not publish or create derivative works from the contents of the Community or Services for any public or commercial purposes.

We welcome your feedback, ideas, and suggestions (“Feedback”), but you agree that all Feedback will be non-confidential and may be used by us without any restriction or obligation to you.

  1. Third-Party Sites and Products

The Services are integrated with various third-party services, links, applications and sites (collectively, “Third-Party Services”) that may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third-Party Services, and we are not liable for Third-Party Services or for any transaction you may enter into with them. We do not endorse or make any warranty as to the Third-Party Services.

We may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-Party Services. We are not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).

  1. Term and Termination
  2. Term.These Terms will apply for as long as you use or maintain an Account, unless terminated earlier pursuant to Section 11 of the Master Terms of Use.
  3. Termination and Suspension.At our discretion, we may review your conduct and Your Content for compliance with these Terms and delete that content in violation of these Terms, even though we have no obligation to do so and are not responsible for user content.

We may terminate these Terms and/or suspend your access to the Community immediately, without notice, if you: (i) violate any of these Terms, (ii) use the Community in a way which has or may negatively reflect on or affect us or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion.

We are not obligated to provide you with any of Your Content used in connection with the Community after termination, unless otherwise agreed in writing. Termination or expiration of these Terms shall not cause your subscription agreement (if any) to be terminated.

  1. Your Representations and Warranties

You represent and warrant that: (i) your participation in the Community will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the Community, and that you are not violating any confidentiality obligations by submitting Your Content to the Community, and (iii) that Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right.

If you are using the Services for an organization, you are agreeing to these Terms on behalf of that organization and represent and warrant that you can do so.

  1. Indemnification

You agree to indemnify, defend and hold us harmless, at your expense (including reasonable attorneys’ fees), against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) to the extent that such Action is based upon or arises out of (a) your use of the Community, (b) content you submit, post, transmit or make available through the Community, (c) your noncompliance with or breach of these Terms, or (d) your use of Third-Party Services. You agree to cooperate as fully as reasonably required in the defense of any Action, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Action or matter otherwise subject to indemnification by you and you may not in any event settle any Action without our prior written consent.

  1. Disclaimers; Limitations of Liability

The Company does not make any warranty or guarantee that any information posted on any part of the Community, whether or not such posting is made by a Company employee, is accurate, complete, or in any way reliable. The Company disclaims any approval or liability related to any comments made on the Community by a user or third party. User content represents the statements and opinions of the individual third-party users and are not necessarily the opinion of the Company or its employees, partners, or affiliates. The Company does not approve or disapprove of any user content. You agree that you must evaluate, and bear all risks associated with your use of any Community Content.

  1. Disclaimer of Warranties.WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SERVICES, THE COMMUNITY, OR THE COMMUNITY CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE COMMUNITY IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE COMMUNITY AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  2. No Indirect Damages.TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE COMMUNITY OR THE RELIANCE ON ANY INFORMATION CONTAINED ON ANY PART OF THE COMMUNITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR DAMAGES RESULTING FROM USE OF ANY PART OF THE COMMUNITY, OR RELIANCE ON THE COMMUNITY CONTENT OR IN CONNECTION WITH ANY PART OF THE COMMUNITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. Limitation of Liability.IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE COMPANY’S TOTAL AGGREGATE LIABILITY SHALL BE LIMITED PURSUANT TO SECTION 19 OF THE MASTER TERMS OF USE.
  4. Third Party Services.WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY SERVICES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THESE TERMS.
  5. General
  6. Applicable Law.These Terms shall be governed by the laws of the State of Delaware without regard to the conflict of law provisions thereof. In the event either of us initiates an action in connection with these Terms or any other dispute between the parties, such dispute shall be resolved pursuant to Sections 20(e) and (f) of the Master Terms of Use.
  7. Relationship of the Parties.Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms.
  8. Compliance with Applicable Laws.You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders.
  9. Correction of Errors and Inaccuracies.The Community Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Community Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies, or omissions will be corrected.
  10. Severability.If any part of these Terms is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
  11. Notices.Any notices or other communications contemplated or required under these Terms shall be given pursuant to Section 20(g) of the Master Terms of Use.
  12. Entire Agreement.These Terms represent the entire agreement between us for the Community and may only be amended by a writing executed by both parties.
  13. No Third-Party Beneficiaries.Nothing in these Terms, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
  14. Authority.Each party represents and warrants to the other that it has full power and authority to enter into these Terms and that they are binding and enforceable upon such party.
  15. Survival.All sections of these Terms that by their nature should survive termination shall survive termination.

 

 

 

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