INTELLECTUAL PROPERTY AND TRADEMARK OWNERSHIP. You acknowledge and agree that DS is the sole owner of DS’s materials and content, DS’s Marks and links and banners bearing DS’s Marks, and all goodwill associated therewith. You acknowledge and agree that you shall not assign, transfer, sub-license or otherwise exploit DS’s materials or content, or links and banners bearing DS’s Marks. You agree that you shall not register or file applications to register DS’s materials or contents and/or DS’s Marks, nor shall you adopt, use, or register any corporate name, trade name, trademark, domain name, service mark or certification mark, or other designation confusingly similar to DS’s Marks.
USE. As a condition of your use of DS’s website, you agree that you will not use DS’s materials and content, DS’s Marks and/or links or banners bearing DS’s Marks for purposes that violate the laws of any state, country or other jurisdiction, including without limitation all laws relating to copyright and trademark. You agree specifically that you will not infringe upon the intellectual and other property rights of DS or any other person.
Use of DS’s Marks and any link bearing DS’s Marks may not be combined with any other graphic elements; nor may they be altered in any manner including size, proportions, font, design, arrangement, colors or elements; nor may they be animated, morphed or otherwise distorted in perspective or appearance.
Use of DS’s Marks and any link bearing DS’s Marks may not indicate or create an impression that endorses, approves, sponsors or is affiliated with your products, goods, services or website.
Use of DS’s Marks and any link bearing DS’s Marks may not indicate or create an impression that DS will benefit from the sale of any good or service.
Use of DS’s Marks and any link bearing DS’s Marks may not be used in any manner likely to confuse, mislead, or deceive the public, or be adverse to the best interests of the DS.
Use of links bearing DS’s Marks may only be used for the purpose of linking to the website as designated within the link.
Use of DS’s Marks and any link bearing DS’s Marks on websites which DS finds, in its sole discretion, to be objectionable or which includes obscene, violent intolerant, tasteless, denigrating or sexually oriented content or materials is prohibited. DS’s Marks and any link bearing DS’s Marks may not appear on any pages of any websites that include content or advertising for alcoholic beverages, tobacco, pornography, religious material, partisan material, political material or firearms.
REMEDIES. Please be aware that violation of DS’s copyright, trademark, or other intellectual property rights may subject you to civil and criminal penalties.
INDEMNITY. You agree to indemnify and hold harmless DS for any harm arising out of your wrongful and/or improper use of DS’s website, DS’s materials and content, DS’s Marks and/or banners and links bearing DS’s Marks.
DISCLAIMER OF WARRANTY
DS MAKES NO WARRANTIES, REPRESENTATIONS OR STATEMENTS, EXPRESS OR IMPLED, WITH RESPECT TO THE MATERIALS AND CONTENTS ON ITS WEBSITE, INCLUDING ITS MARKS, AND HEREBY DISCLAIMS ALL WARRANTIES THAT MIGHT OTHERWISE BE IMPLIED BY LAW. USE OF MATERIALS AND CONTENTS ON DS’S WEBSITE, DS’S MARKS AND BANNERS AND LINKS BEARING DS’S MARKS IS SOLELY AT YOUR OWN RISK.