Terms of Service
The following Terms of Service reflect the policies for the communities under dvcRequest (www.dvcRequest.com), owned and operated by Capitol Technologies.
1. ACCEPTANCE OF TERMS
This website (“Site”) is a service of Capitol Technologies. Our provision of this Service is subject to the following terms and conditions and any rules, guidelines or policies (collectively, "Terms of Service") that may be published from time to time by Capitol Technologies. By accessing this Site on the Internet or World Wide Web, you are agreeing to comply with and be bound by the Terms of Service. In addition, when using particular Capitol Technologies services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms of Service. Capitol Technologies may update any or all of the Terms of Service from time to time without notice. You understand that the Service is provided "AS-IS" and “AS AVAILABLE” without any warranty or representations of any kind, whether express or implied. Capitol Technologies is a distributor of the content and assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any member, customer, or group communication.
2. DESCRIPTION OF SERVICE
Capitol Technologies, through dvcrequest.com, offers rental of Disney Vacation Club points on-line. Additionally, unless specifically stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms of Service.
3. USE OF SITE
3.1 Proprietary Rights
The Site contains information, data, text, software, music, sound, photographs, designs, graphics, video, sound, images, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Capitol Technologies or other third parties ("Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. dvcRequest.com and Capitol Technologies logos and product and service names are trademarks of Capitol Technologies (the “Trademarks”). You agree not to display or use these Trademarks in any manner, without Capitol Technologies' written permission.
3.2 No Framing
You agree not to “frame” or “mirror” any Content or third party content contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of Capitol Technologies
3.3 Member Conduct
Your use of the Site is subject to applicable local, provincial, federal and international law. You agree not to use the Site or any of the Content for any illegal purpose, or to transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site (including by using any merchandise or the Services offered on or in conjunction with the Site). By way of example only, and not as a limitation, you specifically agree not to:
a) upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a dvcRequest employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) create false, misleading or duplicative addresses in order to disguise the destination of any Content transmitted through the Service;
e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
f) adopt names and addresses for the purpose of cyber squatting;
g) upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h) upload post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right ("Rights") of any party;
i) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of such solicitation;
j) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
l) intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
m) "stalk" or otherwise harass another; or
n) harvest or otherwise collect information about others, including e-mail addresses, without their consent.
3.4 Use of Content
Capitol Technologies grants permission to access and view the Site and to electronically copy and print portions of the Site for the sole purpose of submitting an order. Any other use of the Site or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Site or the Content. Without limiting the foregoing, any unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
4. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
You agree that Capitol Technologies, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any Content within the Service, for any reason, including without limitation, for lack of use or if Capitol Technologies believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Capitol Technologies may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, without notice. You agree that any termination of access to the Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Capitol Technologies may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Capitol Technologies shall not be liable to you or any third party for any termination of access to the Service.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service, use of the Service or access to the Service.
7. PRACTICES REGARDING USE AND STORAGE OF DATA
You agree that Capitol Technologies has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted through the Service. You acknowledge that Capitol Technologies reserves the right to terminate accounts that are inactive for an extended period of time. You acknowledge and agree that Capitol Technologies reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree to indemnify, defend and hold harmless Capitol Technologies from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with:
(a) the Content you upload, submit, post, or transmit through the Service;
(b) your use of the Service;
(c) your connection to the Service;
(d) your violation of the Terms of Service, or
(e) your violation of the rights of another.
Capitol Technologies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
The merchants offered on the Site do not necessarily endorse, promote or support the services of dvcRequest.
10. MODIFICATIONS TO SERVICE
Capitol Technologies reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Capitol Technologies shall not be liable to you or any third party for any modification to or discontinuance of the Service.
11. dvcRequest PROPRIETARY RIGHTS
You acknowledge and agree that the Content in the Service or information presented through the Service by dvcRequest or dvcRequest merchants is protected by their copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way the Content available through the Service, including code and software.
12. EXTERNAL LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites and resources. You acknowledge and agree that Capitol Technologies is not responsible for the availability of these outside resources, and does not endorse and is not responsible for any Content, advertising, products or other material on or available from such sites or resources. You further acknowledge and agree that Capitol Technologies shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any such Content, goods or services available on or through any such sites or resources.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAPITOL TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CAPITOL TECHNOLOGIES MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR (E) THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAPITOL TECHNOLOGIES MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM ITS THIRD PARTIES OR USERS OF ITS SITE, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH THIRD PARTIES OR USERS OF ITS SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAPITOL TECHNOLOGIES, DVC REQUEST OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
14. LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CAPITOL TECHNOLOGIES OR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE OR THE SERVICE OR ANY PRODUCTS PROVIDED AS PART OF, OR OTHERWISE IN CONNECTION WITH THE SITE BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF DATA, INCOME OR PROFIT, GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, OTHER INTANGIBLE LOSSES OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE, EVEN IF CAPITOL TECHNOLOGIES OR DVCREQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICE FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAPITOL TECHNOLOGIES IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Notices may be provided to you by e-mail or regular mail. The Service may also provide indirect notice of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. It is up to you to make sure dvcRequest has your up to date e-mail address and contact information.
dvcRequest is a trademark of Capitol Technologies and on its website, it displays trademarks of 3rd parties. You agree that you will not, without prior written permission, display or use in any manner the trademarks displayed on the dvcRequest.com website.
17. COPYRIGHTS AND COPYRIGHT AGENTS
Capitol Technologies respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our agent for notice of claims of copyright infringement, our Legal Counsel, who can be reached at Capitol Technologies c/o Legal Counsel, 811 Easy Street, London, ON N6C 5A2 By phone: (519) 686-7694 By e-mail: posts@dvcRequest.com. You must provide our Legal Counsel with the following information, which Capitol Technologies may then forward to the alleged infringer:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Terms of Service constitute the entire agreement between you and Capitol Technologies (dvcRequest) and govern your use of the Service, superseding any prior agreements between you and Capitol Technologies The Terms of Service and the relationship between you and Capitol Technologies shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to its conflict of law provisions. You and Capitol Technologies agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario . The failure of Capitol Technologies to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect or significance.
Please report any violations of the Terms of Service to:
c/o Legal Counsel
811 Easy Street, London ON N6C 5A2
By phone: (519) 686-7694
By e-mail: post@dvcRequest.com
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