Terms & Conditions
"IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Access To This Site
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.
Copyright
All content featured on dungeycellos.com is protected under copyright, and must be credited and linked correctly. If taking further action than reposting a photo, or simply sharing our posts, please request explicit permission by contacting us.
Hyperlinks
This site may be hyperlinked to other sites which are not maintained by, or related to, our Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by our Company of that site.
Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth below.
Disclaimer
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. You, and not our Company, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
includes MP3 format files;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.
Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Dungey Cellos reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Dungey Cellos reserves the right to investigate suspected violations of these Terms of Use.
Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DUNGEY CELLOS OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Missouri, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Missouri in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Jefferson City, Missouri. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting."
Privacy Policy
Welcome to dungeycellos.com. We want you to know what information we learn about you when you visit this Site; what we do with that information and any other information you voluntarily provide us through this Site; how you can view or change the information we have; and the steps that we take to ensure the security of the information that we collect from you. This privacy policy describes our information collection and use practices on this Site only. It does not apply to one of our partners or affiliates, nor does it apply to information you may provide to us through other forums, including offline or through electronic mail.
What types of information do we collect at this site?
There are 2 types of information that we can learn about you as you browse and use this Site. They are:
Internet-related Information which consists of generic statistical and demographic information that we gather passively from visitors to the Site.
Personal Information that you provide to us when registering, entering a promotion, or making contact with us.
Internet-Related Information Gathered Passively
We collect Internet-related Information from visitors to our Site, including the referring URL, your IP address, which browser you used to come to the Site, the country, state, or province you are located in, the pages of our Site that you viewed during your visit, and any search terms entered on our Site. In addition, for mobile users, we gather information on your mobile device and operating system. We also track users’ traffic patterns throughout their online sessions, including which pages or specific URLs you view while using the Site. We gather this information for the purposes of system administration, such as to diagnose problems with our servers and software, to gather broad demographic information, to monitor the level of activity on our Site, and to administer our Site. We may share aggregated statistics about pages viewed on our Site, demographic information, and sales and other shopping information with third parties such as our web design vendor to enrich your visitor experience. This is all collected through our servers analytic tools.
Actively Collected Personal Information You Provide
Users who register for mailing lists on our Site will receive the option to receive newsletters, promotions, and other special benefits. Registered users will receive additional announcements from us about products, services, special deals, and a newsletter. Out of respect for the privacy of our users, we present the option to not receive these types of communications. If you do provide information about yourself by registering for a mailing list, ordering a product, filling out a survey, entering a promotion (including contests, sweepstakes, offers, and rebates), or otherwise voluntarily telling us about yourself or your activities, we will collect and use that Personal Information to respond to your request, and for other business purposes, including identifying consumer preferences and improving our products and services and the content of this Site. We may also contact you by email, regular mail, fax, text message, or telephone from time to time with information about our new products and services, special offers, upcoming events, and changes to this Site. If you do not wish to be contacted by all or any of these methods, you may let us know by sending an email message to us here or by clicking on the opt-out link on our email messages. Please be sure to give us your exact name and address, and your detailed request so we can respond appropriately.
How do we collect this information?
Cookies
When you visit this Site, we leave a "Cookie" in the memory of your Web browser. The site will only function properly if Cookies are enabled. This Site uses session Cookies to authenticate you as a user and display content that is relevant and specific to you. Cookies are very small files that store information about your visit to and use of this Site. Most major commercial Internet sites use them and they make your Internet-surfing more useful and less time-consuming for you because they store information that is reusable each time you visit this Site, such as birthday and other preferences you have chosen to share with us. Cookies cannot access and read the files on your hard drive and cannot be used as a virus. They do allow us to provide information and products that are more meaningful to you without asking you the same questions every time you visit us. We also use Cookies to track your visit to our Site to collect aggregate data. However, this information will only be used for analytical purposes and will be limited to the minimum necessary to perform the analysis. We hope you will want the better service that Cookies allow, but if you prefer, you can set your browser to refuse Cookies. However by doing that,it may affect your ability to use some of the products, services, and features available on the Site.
Internet Log Files
Dungey Cellos and our servers analytic's system may maintain log files which contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider. In general, we use log files to monitor traffic on our Site and to troubleshoot technical problems.
You must read the privacy policy of third party sites.
On this Site, we may provide as a convenience to you links to other websites, including sites operated by us, our partners, associates, or independent third parties such as Facebook, Twitter, or Youtube. These links are provided as a convenience to you. The fact that we link to a website is not an endorsement, authorization, or a representation of our affiliation with that third party. Each website has its own privacy practices, as described in that site's privacy policy. Those practices may be different than the practices described herein, and we urge you to read each website's privacy policy carefully before you use or submit information to that site. Additionally, to the extent that you follow a link to a website operated by an independent third party, please be aware that we exercise no authority or control over that third party, and cannot and are not responsible for any information that you may submit at that site.
Children's Privacy Protection
This Site does not target children or provide products or services for use by children.
WE RESERVE THE RIGHT TO CHANGE OR UPDATE THIS POLICY AT ANY TIME BY POSTING A NOTICE THAT WE ARE CHANGING OUR PRIVACY POLICY OR BY SENDING AN E-MAIL MESSAGE TO PREVIOUSLY REGISTERED VISITORS.
If you need information or have any questions or concerns about this Privacy Policy or our use of your Personal Information, or wish to review all of your Personal Information, you may contact us here.