Terms of Service
Our Terms of Service lay out the rules we use to govern the intellectual property on this site.
Essentially, this is a contractual agreement between 3FIVE DESIGNS, Inc. (The DuSu) and you, the user of this site and its services. Read the information to the left to figure out specifically what can and cannot be done with the work seen on this site without our permission, and to understand the restrictions on what each of us is and will be responsible for in relation to the service.
The DuSu Website Terms of Service
Last Updated: June 11, 2009
Welcome to The DuSu, the on-line voice of everything Duluth and Superior. ("DuSu"), filtered by the creative team at 3FIVE DESIGNS, Inc. The DuSu is the new voice in media with the mission to stimulate the culture of the DuSu by creating dialogue around things that matter.
We provide this website Terms of Service ("Terms of Service") because it is important for you to understand the rights you have and the rights we have in providing this platform for collaboration, communication, discussion and dialogue. Some things in these Terms of Service might surprise you because they are different than others. For example, we let you keep your ownership rights in content you provide to our service. So please read through this carefully, and if you have a moment to share, let us know what you think.
There is no cost for using the basic services of The DuSu. From time to time there may be premium content available via subscription or surcharge, and those areas will be clearly marked. Because this is an advertising-supported service, we encourage you to patronize the advertisers that help to make this service possible.
1. ACCEPTANCE OF TERMS
3FIVE DESIGNS, INC. (3FIVE) welcomes you to its website, TheDuSu.com (the “Site”). The following Terms of Service (“Terms”) govern the use of the Site (the “Service”). By using or visiting the Site, including but not limited to, participation in its bulletin boards, postings, blogs or user profile, you are expressly agreeing to be bound by these Terms and to follow these Terms and any applicable laws and regulations. 3FIVE reserves the right to change the Terms, at any time, without notice. Your failure to follow these Terms may result in suspension or termination of your access to the Service, without notice.
2. LANGUAGE OF THE TERMS
Where 3FIVE has provided you with a translation of the English-language version of the Terms, you agree that the English-language version shall govern your relationship with 3FIVE and that 3FIVE provided the translation solely for your convenience. Should there exist any contradiction between the English-language version and a translation, the English-language version shall take precedence.
3. YOUR REGISTRATION OBLIGATIONS
4. USE OF SERVICE
The Service is intended for your own personal and noncommercial use. You may not authorize others to use the Service. You agree you will not sell, lease, rent or provide any good or service or otherwise transact on the Site. You hereby represent and warrant that you are the owner or otherwise have the right to provide any materials that you upload, post, email, transmit or otherwise make available via the Service. The Site contains materials supplied by 3FIVE and its members, affiliates, partners and subsidiaries, as well as other sources, and is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by 3FIVE, you may not reproduce, modify, copy, republish, post, transmit, upload, distribute, sell, license, rent or adapt or create a derivative work of, in any manner, any material, content or design elements obtained from the Site.
5. MEMBER CONDUCT
You agree not to use any obscene, indecent, disrespectful and/or offensive language, including any libelous, defamatory, obscene, pornographic or otherwise illegal material on the Site. Any abusive or discriminatory language on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc., will not be permitted. In addition, you may not place on the Site any material that is encrypted, is junk mail or unauthorized advertising, commercial offers, political content, contains links to inappropriate websites, or encourages conduct that would constitute a criminal offense, give rise to civil liability or that otherwise violates any local, state, federal or international law or regulation. You may not post any message, or otherwise, that contains personal information, invades anyone’s privacy or that contains email addresses, URLs, phone numbers and postal addresses. You agree to not post any information intended to impersonate other users (including names of other individuals or groups) or that contains offensive or inappropriate user names or signatures. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Spamming: You are not allowed to post the same message repeatedly or post “off-topic” messages; such items will be removed and your rights to use the Services may be immediately terminated, at the sole discretion of 3FIVE.
6. CHILDREN UNDER AGE 18
3FIVE does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register on this website or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 18 may provide any personal information to or on this website. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. You may not have to be a member to participate in certain contests, sweepstakes and/or special events; however, you must meet the designated minimum age requirements for the specific matter. 3FIVE will establish specific rules and terms for participation in each contest, sweepstakes and/or special event and will post this information on the Site.
7. USE OF MATERIAL POSTED BY YOU
User hereby grants to 3FIVE and its affiliates and subsidiaries an irrevocable, transferable, paid-up, royalty-free, perpetual, unrestricted worldwide license to use, reproduce, translate, sublicense, copy, print, display, modify, edit and create derivative works from and distribute or otherwise use and reproduce any information or materials, including, but not limited to, reviews, messages, comments or content that users post, upload, submit or transmit in areas on the Site without compensation, notification or other consideration to the user in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes.
8. SITE EDITING AND DELETIONS
3FIVE reserves the right, but undertakes no responsibility, to review, edit, alter or delete any material provided, or any part thereof, submitted or uploaded on the Site by the user, in its sole discretion, without notice. 3FIVE has no obligation to display, authorize or otherwise use or display on the Site any reviews, comments or other materials or information submitted or provided by the user.
9. MATERIALS POSTED BY OTHERS
3FIVE hereby disclaims any responsibility or liability with respect to any information or materials posted by others, including defamatory, offensive or illicit material, or other material or information that violates the Terms herein.
Authorized users are able to post reviews of events, businesses and other entertainment features listed on the Site. Reviews do not reflect the views of 3FIVE; its parent, affiliates or subsidiaries; or their respective employees, officers or directors. 3FIVE hereby disclaims any responsibility or liability for any review or for any claims, damages or losses resulting from any use of the Site or the materials contained therein.
11. THIRD-PARTY SITES
The Site may contain links or produce search results that reference or link to websites wholly owned and controlled by third parties (“Third-Party Site”). 3FIVE hereby disclaims any responsibility or liability for the accuracy or inoffensiveness of the content or information that is contained and/or provided by the Third-Party Sites. By using the Site to link to a Third-Party Site, you agree that 3FIVE will not be liable to you for any damages or losses from your use of the Site to link to the Third-Party Site.
The content, organization, design elements, graphics, text, images, video, compilation, advertising, marks and all other material on the Site are protected under applicable copyrights, trademark and other proprietary (including but not limited to intellectual property) rights and are the property of 3FIVE or its licensors. The copying, distribution, modification, unauthorized use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
All contents of this website are: ©2009 3FIVE DESIGNS, INC.
14. LIABILITY DISCLAIMER
YOU ACKNOWLEGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE INFORMATION ON THIS SITE IS PROVIDED "AS IS." THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 3FIVE DESIGNS, INC., AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME. 3FIVE DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMLINESS OR COMPLETENESS OF ANY OF THE INFORMATION MADE AVAILABLE ON THIS SITE.
3FIVE DESIGNS, INC., ITS AFFILIATES AND/OR THEIR SPONSORS, MEMBERS AND/OR REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. 3FIVE DESIGNS, INC., ITS AFFILIATES AND/OR THEIR RESPECTIVE SPONSORS, MEMBERS AND/OR REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL 3FIVE, INC., ITS AFFILIATES AND/OR THEIR RESPECTIVE SPONSORS, MEMBERS AND/OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
3FIVE may, but is not obligated to, provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service or other reasonable means now known or hereinafter developed.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by 3FIVE on the Services are subject to change without specific notice to you. In consideration for 3FIVE granting you access to and use of the Services, you agree that 3FIVE may place such advertising on the Services.
17. PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any accounts or profiles you create and/or use to access the Services on the Site.
You agree to indemnify and hold 3FIVE and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any loss, liability, claim or demand (including reasonable attorneys' fees) from any claim made by any party due to or arising out of your use of the Site, including your use of the Site to provide a link to a Third-Party Site or to upload content or other information to the Site.
19. ENDING YOUR USE OF THE SITE
20. TERMINATION BY 3FIVE
3FIVE may at any time terminate your use of the Service if in its sole discretion it is determined that you are not complying with these Terms of Service or other applicable laws or regulations.
21. GENERAL INFORMATION
Choice of Law and Forum: The Terms and the relationship between you and 3FIVE shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of St. Louis.
Waiver and Severability of Terms: The failure of 3FIVE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your DuSu account is nontransferable and any rights to your DuSu ID or contents within your account terminate upon your death.
22. CONTACTING THE WEBSITE
If you have any questions about the Terms, please contact us at info [at] TheDuSu.com. You may also reach us by mail at: 3FIVE, Attention: DuSu Online Services, 2024 West Superior Street, Duluth, MN 55806.