DVCRESALEMARKET.COM TERMS AND CONDITIONS
Restrictions On Use
You agree not to remove or modify any copyright or other intellectual property notices that appear on the dvcresalemarket.com site or any content made available to you through the dvcresalemarket.com site (collectively the “Service”). You will not use the Service for resale, service bureau, time-sharing or other similar purposes. You agree not to use the Service in any way that is unlawful or harms DVC Resale Market, its service providers, suppliers or any other user.
These Terms and Conditions do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Service on third-party web sites. Nonetheless, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Service and provide an index with links to the Service’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users. DVC Resale Market reserves the right to restrict automated queries further, for example, by correspondence to parties making queries or by use of robots.txt.
Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of DVC Resale Market.
Confidentiality of Information
DVC Resale Market will maintain the confidentiality of any information you submit using the Service, unless such information (a) is or becomes generally available to the public or within the industry to which such information relates other than as a result of a breach of this Agreement, (b) is already known by DVC Resale Market at the time of disclosure, (c) becomes available on a non-confidential basis from a source that is entitled to disclose it on a non-confidential basis, or (d) was or is independently developed by or for DVC Resale Market without reference to the information you have submitted (“Confidential Information”).
Use of Information
DVC Resale Market does not ensure the accuracy of, endorse or recommend any content provided to you in the Service, and you use such content at your own risk. All information offered by DVC Resale Market to you IS PROVIDED SOLELY FOR GENERAL INFORMATION, AND DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED THROUGH THE DVCRESALEMARKET.COM SITE, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Although the dvcresalemarket.com site will take reasonable steps to ensure that Confidential Information you submit using the dvcresalemarket.com site remains confidential, Your disclosure of information using the dvcresalemarket.com site could still have an impact on certain intellectual property rights you may have in various jurisdictions throughout the world. If you have reason to believe that your submission of information to DVC Resale Market may constitute a public disclosure or other similar action that could prevent you from having or obtaining Intellectual Property Rights, you should consult an attorney to determine if you should submit information to the dvcresalemarket.com site.
You are not allowed to use any robot, spider or other automated process to monitor, data mine or copy DVC Resale Market products, services or information; decompile, decode or reverse engineer dvcresalemarket.com software; or use dvcresalemarket.com products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Ownership and License Grant
DVC Resale Market retains all rights (including Intellectual Property Rights as defined below), title and interest in the dvcresalemarket.com site, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Service. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of DVC Resale Market’s technology or delete or alter author attributes or copyright notices. You shall use dvcresalemarket.com site solely for your own use and shall not allow others to use dvcresalemarket.com site under.
Intellectual Property Rights means all intellectual property rights (in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights and moral rights; (b) rights associated with trademarks, service marks, trade names, logos and trade dress; (c) rights relating to the protection of trade secrets and confidential information; (d) rights relating to patents, know-how and related rights in inventions; and (d) rights analogous to those set forth in this definition in any other jurisdiction throughout the world and any and all other proprietary rights relating to intangible property.
Limitation of Liability and Indemnification
IN NO EVENT SHALL DVC Resale Market (OR ANY IF ITS DEPARTMENTS OR AFFILIATED ENTITIES), THE OWNERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY, ARISING FROM BREACH OF WARRANTY OR BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL GROUND OF ACTION. NO AGENT OF UCF IS AUTHORIZED TO PROVIDE ANY WARRANTIES RELATING TO YOUR USE OF THE DVCRESALEMARKET.COM SITE. YOU ACKNOWLEDGE AND AGREE THAT DVC RESALE MARKET’S AGREEMENT TO MAKE THE DVCRESALEMARKET.COM SITE AVAILABLE TO YOU DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY DVC RESALE MARKET OF THE RISK OF ANY OF YOUR DAMAGES, REGARDLESS OF WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL OR ANY OTHER DAMAGES WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE DVCRESALEMARKET.COM SITE.
Limited Warranty and Warranty Disclaimers
ALL PRODUCTS OR SERVICES DELIVERED THROUGH THE DVCRESALEMARKET.COM SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DVC RESALE MARKET MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OR INFORMATION PROVIDED ON THE DVCRESALEMARKET.COM SITE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND DVCRESALEMARKET.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. DVC RESALE MARKET, INC. MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO DVCRESALEMARKET.COM’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM DVCRESALEMARKET.COM’S WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS OR ACCESS TO OR USE OF THE DVCRESALEMARKET.COM SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DVCRESALEMARKET.COM OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Claims of Copyright Infringement
DVC Resale Market, Inc. respects the intellectual property rights of others, and asks that everyone using the dvcresalemarket.com site do the same. Anyone who believes that their work has been reproduced on the dvcresalemarket.com site in a way that constitutes copyright infringement may notify DVC Resale Market Inc.’s broker in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. Identification of the copyrighted work you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the dvcresalemarket.com site so we can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that we may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent to:
Broker, DVC Resale Market Inc.
79 Main Street
Windermere, FL 34786
Links to Third Party Sites
This Agreement, and the Service provided by DVC Resale Market Inc., shall be governed by the laws of the State of Florida, without reference to any jurisdiction’s conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Orange County, Florida for the adjudication of any disputes or claims arising out of and/or related to this Agreement.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by you without the prior written consent of DVC Resale Market, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of DVC Resale Market, Inc. to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions shall be a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, you agree that the remaining terms and provisions remain in full force and effect.
The Terms and Conditions of this Agreement constitute the entire agreement between you and DVC Resale Market Inc. and supersedes all previous agreements and understanding, whether oral or written, between you and DVC Resale Market, Inc. with respect to the subject matter of this Agreement.
Last Updated: July 10, 2014