These Website Use and Contribution Terms ("Terms") apply to the website at www.dirtopia.com and any permutation web pages thereof that display a direct link to these Terms (the "Site"). By accessing, viewing, using, and returning to the Site, and/or when you sign up as a contributor, You (the individual who accesses or signs up for the Site) agree with Dirtopia ("Dirtopia" or "we") to be legally bound by the Terms, which we may change from time to time at our sole discretion and upon notice to You by posting of the modified Terms on the Site. Your use of the Site, or any materials or services accessible through it, after such posting or notification constitutes your acceptance of such modifications.
YOU ARE USING THE SITE AT YOUR OWN RISK
Per our Disclaimer we are not responsible for the content on the Site. You should not rely on any information provided on the Site. Dirtopia reserves the right to delete, modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, including any postings at any time with or without notice. DIRTOPIA PROVIDES THE SITE "AS IS," WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS, AND DIRTOPIA DISCLAIMS ANY IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL DIRTOPIA BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.
CONTRIBUTE ONLY PERMISSIBLE CONTENT
You shall not contribute or edit any information, unless You
- have the legal right to submit your contributions or edits (e.g., without limitation, You are the author or licensee of any copyrighted content that You provide, and You are legally permitted to contribute it in accordance with a license or arrangements with Your employer or third parties, and in accordance with Your professional duties, which might prohibit You from providing or promoting tax or legal advice on the Site); and
- believe that it is correct, non-offensive, and legal and does not infringe any third party rights (e.g., without limitation, under anti-defamation laws).
YOU ARE RESPONSIBLE FOR YOUR USER ID
Keep Your User ID and password secure. You may be held responsible for any actions that anyone commits while logged in under Your User ID.
FREE CONTENT LICENSE TERMS
You License All Rights to Dirtopia: You irrevocably grant a non-exclusive, perpetual, worldwide, unlimited, royalty-free, sublicenseable, transferable, assignable license, without a right to ever terminate such license, to Dirtopia Inc. to copy, modify, distribute, publish and otherwise use and commercialize Your edits and other contributions in any manner now known or in the future discovered. You are free to refrain from ever submitting any contributions. If You decide to submit contributions, You remain free to continue to use them otherwise as if You had never submitted them to the Site. However, You cannot terminate this license once You have submitted contributions to the Site.
Dirtopia Licenses All Content on the Site to You: To the extent permitted by our licensors, we grant You a non-exclusive, worldwide, limited, royalty-free, non-sublicenseable, non-transferable license to all content published at the Site, which is subject to the following conditions and to your contractual agreement to refrain from using any content published at the Site beyond the scope of this license:
- You may access, literally copy, distribute, publish, and otherwise use unmodified information published on the Site subject to the condition that You conspicuously reproduce the following notice in all literal copies, and distributed and published versions, of the information: "This information originates from http://www.dirtopia.com and is licensed subject to the terms posted at http://www.dirtopia.com. Dirtopia is not responsible for this information."
- You may edit modifiable information on the Site.
- You may modify information published on the Site, and distribute, publish, and otherwise use such modified information, subject to the condition that You conspicuously reproduce the following notice in all such modified information: "This information is based on information originating from http://www.dirtopia.com and is licensed subject to the terms posted at http://www.dirtopia.com. It has been modified. Dirtopia is not responsible for this information."
The license granted herein may be terminated by Dirtopia immediately and without notice if we determine, in our reasonable discretion, that You are excessively using content published on this Site for commercial purposes (e.g., without limitation, by publishing significant portions of the content on this Site in books or websites that You make available only for a charge, or by deep-linking to portions of this Site from a commercial website), or you fail to comply with any other term or condition of these Terms. Upon termination of the license, You shall cease to commercialize or otherwise use any content published on the Site (except content that You contributed Yourself, without any edits contributed by others). If you are concerned about such a potential termination, please notify us of any contemplated commercial use of this Site and obtain our prior written permission, which we may grant or deny at our sole discretion.
PRIVACY OF PERSONAL INFORMATION
For details of Dirtopia’s Privacy Promise relating to Dirtopia, you may go to http://www.dirtopia.com/wiki/Dirtopia:Privacy.
CALIFORNIA LAW APPLIES.
The Terms and any dispute between You and Dirtopia arising out of, or related to, the Site or these Terms shall be governed by California law, excluding its conflict of laws principles, and subject to the exclusive jurisdiction of California courts. Notwithstanding the foregoing, either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). The prevailing party in any legal proceeding brought by one party against the other party shall be entitled to recover its legal expenses, including, but not limited to, the costs of any court and reasonable attorneys’ fees.