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Last Modified: 9/16/2024
This Copyright Policy ("Policy") applies to all copyrighted material available on the website operated by Duke Group, LLC ("the Website Owner") and governs the use of such material by Content Contributors and Users (collectively referred to as "Users"). This Policy outlines the rights and responsibilities of Users in relation to copyrighted content provided on or through the Website. It aims to ensure that the Website operates within the legal framework of copyright laws in the United States of America ("USA") and respects the intellectual property rights of content creators and copyright holders.
By accessing, uploading, downloading, or otherwise using any content from the Website, Users agree to comply with and be bound by the terms of this Policy. This includes, but is not limited to, the use of copyrighted material for personal, educational, or commercial purposes in accordance with the terms set forth herein. The Website Owner reserves the right to modify this Policy at any time, and such modifications will be effective immediately upon posting on the Website. Users are encouraged to review this Policy regularly to ensure understanding and compliance with the current terms.
This Copyright Policy governs the use of copyrighted materials on the website operated by Duke Group, LLC ("Website Owner"). The Website Owner respects the copyright laws and is committed to protecting the copyrights of its content contributors ("Contributors") and ensuring that their work is not used without their express permission.
All content submitted to the Website Owner by Contributors, including but not limited to text, graphics, logos, images, and multimedia files, remains the property of the Contributors. By submitting content, Contributors grant the Website Owner a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, sell, reproduce, distribute, display, and perform the submitted content in connection with the Website Owner's business, including for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels. This license does not transfer ownership of the content to the Website Owner.
Users of the website are granted a limited license to access and use the website and its content for personal, non-commercial purposes, subject to the terms of this Copyright Policy. Any use of the website's content beyond the scope of this limited license without the express written consent of the Website Owner is strictly prohibited.
The Website Owner reserves the right to modify, suspend, or discontinue any aspect of the website or its content at any time without notice or liability.
This User License Agreement ("Agreement") is entered into by and between the Website Owner, Duke Group, LLC ("Owner"), and any individual or entity that accesses or uses the website operated by Owner ("User"). By accessing or using the website, User agrees to be bound by the terms of this Agreement.
1. Grant of License: Owner hereby grants User a non-exclusive, non-transferable, revocable license to access and use the website solely for personal, non-commercial purposes, subject to the terms and conditions of this Agreement.
2. Restrictions: User shall not:
3. Intellectual Property: All content, trademarks, logos, and any other intellectual property displayed on the website are owned by Owner or its licensors and are protected by U.S. and international copyright and intellectual property laws. User acknowledges that they do not acquire any ownership rights by using the website.
4. Termination: Owner may terminate this Agreement at any time without notice if User breaches any terms of this Agreement. Upon termination, User must cease all use of the website and destroy any copies of materials obtained from the website.
5. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States and the state in which Owner operates, without giving effect to any principles of conflicts of law.
By using the website, User acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.
By submitting any content (including, but not limited to, text, images, videos, and audio) to the website operated by Duke Group, LLC (hereinafter referred to as the "Website Owner"), Subject to the Terms of Use found at [https://getyouracceptance.com/about-us-3-terms-of-use ], Contributors grant the Website Owner a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, distribute, display, and perform the submitted content in connection with the Website Owner's business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels.
Contributors warrant that they have the full legal right to submit the content and that the content does not infringe upon the intellectual property rights, privacy rights, or any other legal rights of any third party. Contributors agree to indemnify and hold harmless the Website Owner from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any content they submit to the website.
Users of the website agree to comply with all copyright laws and shall not use any content from the website in any manner that infringes upon the intellectual property rights of the Website Owner or any third party. In the event of any infringement, Users agree to indemnify and hold harmless the Website Owner from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from such infringement.
The following uses of the website operated by Duke Group, LLC ("Website") are strictly prohibited for all Users and Contributors:
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable copyright laws in the United States, Duke Group, LLC ("Website Owner") has adopted a policy of terminating, in appropriate circumstances and at the Website Owner's sole discretion, accounts of Users who infringe the copyright of others. If a copyright infringement claim is filed against any content posted on the website by Contributors or Users, the Website Owner will take the following steps:
Claims of copyright infringement should be sent to [email protected]. All notices must comply with the requirements of the DMCA, including providing a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, a description of the copyrighted work that has been infringed, a description of where the material that you claim is infringing is located on the site, the claimant's address, telephone number, and email address, and a statement by the claimant that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
THE WEBSITE OPERATED BY Duke Group, LLC ("Website Owner") AND ALL CONTENT PROVIDED BY Contributors ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL THE WEBSITE OWNER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE USE OR OTHER DEALINGS IN THE WEBSITE.
Furthermore, the Website Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the website or any hyperlinked website or service, and the Website Owner will not be a party to or in any way monitor any transaction between the Users and third-party providers of products or services.
Under no circumstances shall the Website Owner, its officers, directors, employees, or agents be liable to any User or Contributor for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability section shall survive any termination or expiration of the Agreement or your use of the website.
The Website Owner, Contributors, and Users (each, an "Indemnifying Party") hereby agree to indemnify, defend, and hold harmless the other parties (each, a "Indemnified Party"), their affiliates, officers, agents, employees, and permitted successors and assigns against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, that are incurred by the Indemnified Party arising out of or related to any claim of a third party alleging: (i) breach of the Indemnifying Party's representations, warranties, or obligations under this Agreement; (ii) any negligent or more culpable act or omission of the Indemnifying Party (including any recklessness or willful misconduct) in connection with the performance of its obligations under this Agreement; or (iii) any violation by the Indemnifying Party of any applicable federal, state, or local law, regulation, or ordinance.
This indemnification will survive the termination of this Agreement and the use of the website by the Users or the contribution of content by the Contributors.
This Agreement may be amended or modified only by a written document that (i) specifically states that it is amending this Agreement and (ii) is signed by both the Website Owner and the User. Notwithstanding the foregoing, the Website Owner reserves the right to amend the terms of this Agreement at any time by posting a revised version on the website. Such amendments will be effective upon posting. It is the User's responsibility to review these terms periodically for any changes. By continuing to use the website after such amendments are made, the User agrees to be bound by the amended terms. Contributors are likewise bound by any amendments to the Agreement that affect their contributions, upon notification of such amendments by the Website Owner.
This Agreement and any disputes arising out of or related to the Agreement or the use of the website operated by Duke Group, LLC, including but not limited to disputes involving Contributors or Users, shall be governed by and construed in accordance with the laws of the United States of America and the laws of the State of New Jersey, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the website operated by Duke Group, LLC shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
This Dispute Resolution clause applies to any disputes that may arise between the Website Owner, Contributors, or Users regarding copyright infringement claims or any other matters related to the use of the website operated by Duke Group, LLC. The parties agree to the following procedure:
This clause does not prevent any party from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.
Users are prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information, software, products, or services obtained from the website without the express written consent of the Website Owner. Any unauthorized use of the website's content is strictly prohibited and may result in the termination of access to the website.
Contributors may request the removal of their content from the website by contacting the Website Owner. However, any licenses granted by the Contributor to the Website Owner shall survive such removal for any content previously distributed or used by the Website Owner before the removal request. The Website Owner may also retain copies of the content for archival purposes and in compliance with legal obligations.
The Website Owner respects the privacy of its Contributors and Users and will handle any personal information collected during content submission and use in accordance with the Privacy Policy. Personal data will be processed based on legitimate interests, consent, legal obligations, and the performance of a contract. For more information on data protection, please refer to our Privacy Policy at [https://getyouracceptance.com/about-us-4-privacy-policy].
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by any party without the prior written consent of the other parties, except that the Website Owner may transfer or assign this Agreement without consent to a successor in interest of all or substantially all of its business or assets to which this Agreement relates.
Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been sufficiently given if delivered by hand, sent by registered mail, or by email, to the addresses specified by each party. A notice shall be considered to have been received on the date of delivery if delivered by hand, three days after mailing if sent by registered mail, and on the date of sending if sent by email.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to that subject matter. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the parties.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid provision that most closely approximates the intent and economic effect of the invalid, illegal, or unenforceable provision.
This Agreement shall be governed by and construed in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of law.