Debut Digital - Terms of Use

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Debut Digital Terms of Use

Debut Digital (“DEBUT DIGITAL” or “we” or “us” or “our”) provide its content on this website (the “Site”) subject to the following terms and conditions (the “Terms and Conditions”). We may periodically change the Terms and Conditions from time to time. By accessing and using this Site, you agree (the “Agreement”), without limitation or qualification, to these Terms and Conditions. For an explanation of DEBUT DIGITAL’s practices and policies, please read our Privacy Policy.

Terms and Conditions

1. ACCESS AND USE OF THE SITE
You should assume that all materials including images, text, illustrations, designs, icons, photographs, programs, video clips, and/or other intellectual property owned, controlled, or licensed by DEBUT DIGITAL are copyrighted and may not be used except as provided in these Terms and Conditions, the text on the Site or with written permission, in advance of DEBUT DIGITAL. DEBUT DIGITAL hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display and print one copy of the content and functionality displayed on the Site (the “Site Content”) on any single computer solely for your internal, personal or business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post or disclose the Site Content without DEBUT DIGITAL’s prior written consent.

This Site and all the Site Content are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Site Content, the Site or any related software. All software used on this Site is the property of DEBUT DIGITAL or its suppliers and protected by United States and international copyright laws. Any unauthorized usage, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance of the content of this Site is strictly prohibited.

2. PROFESSIONAL SERVICES AND ADVICE
In accessing this Site, no client, advisory, fiduciary or professional relationship is implicated or established and neither DEBUT DIGITAL nor any other person is, in connection with this Site, engaged in rendering professional services, advice or consultation.

3. SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (1) accessing data not intended for the users use; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (4) sending unsolicited email, including promotions and/or advertising of DEBUT DIGITAL’s services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability.

4. LINKS AND LINKING
Links on this Site may lead to servers maintained by individuals or organizations other than DEBUT DIGITAL. DEBUT DIGITAL has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content.

You may provide hyperlinks to the Site from other websites only if you satisfy the following requirements.

I. You link only to the front (or Home) page of the Site.

II. You agree to immediately disable and discontinue links to the Site if requested to do so by DEBUT DIGITAL, whether orally or in written or electronic form.

III. You do not remove or obscure any Site Content including any copyright notices, advertisements, and/or any other identifiable information by any method including, without limitation, “framing.”

You agree that the failure to comply with these requirements constitutes an improper and unlawful accessing of the Site which is likely to cause damage to the efficiency and operation of the Site.

5. IMAGES
Images of people, places or things displayed on this Site are either the property of, or used with permission by, DEBUT DIGITAL. Your use of these images is strictly prohibited. You may obtain permission for the use of only a select few images by writing directly to:
                                      DEBUT DIGITAL
                                      211 Chestnut Ridge Rd.
                                      Andersonville, TN 37705
You must wait for permission before using the image you are requesting. Please be specific in your request.

6. GENERAL
The Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provisions to the Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of the Agreement shall remain in full effect. The failure of DEBUT DIGITAL to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit DEBUT DIGITAL’s rights with respect to such breach or any subsequent breaches.

7. JURISDICTION
The contents of this Site shall be governed by and construed under the laws of the State of Tennessee in the United States. Any action or proceeding arising out of or related to this Agreement or your use of the Site must be brought in the state or federal courts of Tennessee. The prevailing party under any such suit shall be entitled to an award of reasonable costs and attorneys’ fees.

8. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed (collectively, the “Comments”) submitted or offered to DEBUT DIGITAL on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site shall be and remain DEBUT DIGITAL’s property. Such disclosure, submission or offer of any comments shall constitute an assignment to DEBUT DIGITAL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, DEBUT DIGITAL 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.

Furthermore, DEBUT DIGITAL is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site 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.

DEBUT DIGITAL will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose, without restriction and without compensation in any way. For this reason, we ask that you do not disclose to us any such Comments that you do not wish to assign to us, including confidential information or any original creative materials such as stories, ideas, computer code or original artwork.

9. INDEMNIFICATION
You agree to defend, indemnify and hold DEBUT DIGITAL harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Site.

10. REVISIONS CLAUSE
DEBUT DIGITAL may at any time revise these Terms and Conditions by updating this posting. You are bound by the most current Terms and Conditions every time you access the Site; therefore, we must request that you periodically review these Terms and Conditions to which you are bound.

11. TERMINATION
These terms are effective unless and until terminated by either you or DEBUT DIGITAL. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. DEBUT DIGITAL may also terminate this Agreement at anytime and may do so immediately without notice, and accordingly deny you access to the Site, if in DEBUT DIGITAL’s sole discretion you fail to comply with any term or provision of this Agreement. Upon termination of the Agreement by either you or DEBUT DIGITAL, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise.

12. DISCLAIMER
THIS SITE IS PROVIDED BY DEBUT DIGITAL ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEBUT DIGITAL MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DEBUT DIGITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUPROSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

13. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DEBUT DIGITAL OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE DEBUT DIGITAL SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IN AN AUTHORIZED REPRESENTATIVE OF DEBUT DIGITAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DEBUT DIGITAL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Contact: debutdigital@comcast.net
Last Modified: 3/31/2008