Terms and Conditions of Use and Purchase
DI magazine is published by Dark Glass Media Pty Ltd (www.darkglass-media.com) in association with Better Photoshop Techniques print magazine (www.betterphotoshoptechniques.com) (hereinafter referred to as "DI-Magazine.com" or "we"), provides this Terms and Conditions of Service agreement and sale to the site user/online shop customer (hereinafter referred to as "you") as a user of DI-Magazine.com or a customer of the shop the site contains. By using DI-Magazine.com or purchasing a product from our online shop, you are indicating your agreement to be bound by all of the terms in this agreement. If you do not wish to be bound by this agreement, do not use DI-Magazine.com or purchase products from our online shop.
DI-Magazine.com may change the terms and conditions of this agreement at any time and without prior notice to you. You agree to be bound by all of the terms of this, and all future agreements, as long as you use DI-Magazine.com.
By registering, you agree that all information provided in the registration is true and accurate. Site members may only maintain one active registration with DI-Magazine.com. By accepting this agreement, you certify that you have no other registration with DI-Magazine.com. Any member or customer who forgets his or her log-on name or password should go to the membership page, enter your e-mail address in the "Forgot your Password" field, and the information will be e-mailed you.
Content is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on DI-Magazine.com. This includes, but is in no way limited to message boards, chat, and other original content. By accepting this agreement, you agree that all content located at DI-Magazine.com or published under the DI name is the sole property of DI-Magazine.com and may not be reproduced without prior written consent of DI-Magazine.com. All content herein and contained in the DI magzine is protected under US and international copyright laws and is intended for the personal use only of the reader. You may not: modify, republish, retransmit, participate in the transfer or sale of, further copy, create derivative works from, distribute, perform, or display, any of the content in any way, except that you may make one copy for your personal use.
DI-Magazine.com and its publications provide information, commentary, and entertainment on a broad range of topics. You agree that under no circumstances, and in no event, shall DI-Magazine.com be liable for direct, indirect, or incidental damages resulting from your use of that information, commentary, or entertainment. You agree to indemnify DI-Magazine.com and hold it harmless from any actions, claims, proceedings, or liabilities arising from your use of the content.
You agree that DI-Magazine.com shall have an unlimited license to republish anything that you post in our forums. DI-Magazine.com shall only republish such posts in context, and shall not republish them for advertising purposes without your permission.
You agree to use DI-Magazine.com for lawful purposes only. You may not use, or allow others to use, your DI-Magazine.com membership, either directly or indirectly, to:
Transmit any content (content includes, but is in no way limited to, content that is viewable by others on the site, comments and/or artwork) that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory;
Post or transmit any matter that you do not have a right to transmit under law (such as copyright) or under contractual or fiduciary relationships (as in nondisclosure agreements);
Harass or threaten any member of DI-Magazine.com or other entity, or any individual;
Post, transmit, promote, link to or facilitate the distribution of any content that can be construed as libel, slander, harassment, hate speech, obscenity, or pornography. We reserve the right to remove any content that could be viewed as libel, slander, harassment, hate speech, obscenity, or pornography without notice of removal.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post, transmit, or facilitate the transmission of statements that are intentionally false or misleading;
Post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes;
Post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation outside of designated --promotional-- areas of DI-Magazine.com;
Offer, sell, or purchase any registered or unregistered product outside of designated --promotional-- areas of DI-Magazine.com;
Intentionally violate any software license agreement with a software vendor;
Intentionally violate any applicable local, state, national, international or foreign law.
You agree that you will be held responsible for any and all statements made and acts or omissions that occur through the use of your membership and password. Please don't ever disclose your password. You agree that DI-Magazine.com may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating any of the above provisions.
While DI-Magazine.com does not and cannot review all transmissions by members in any of the community or review areas of our site, you acknowledge that DI-Magazine.com reserves the right to, and may from time to time, monitor any and all information transmitted or received through DI-Magazine.com. DI-Magazine.com, at its sole discretion and without further notice to you, may review, remove or prohibit the transmission or receipt of any information (including posts to forums) which DI-Magazine.com deems inappropriate or that violates any term or condition of this agreement. You agree to indemnify, defend and hold harmless DI-Magazine.com from and against any claim, liability, cost, damage or loss it may incur (including, without limitation, attorneys fees) as a result of any violation by you of your obligations under this agreement.
Disclaimer of Warranties and Liability
DI-Magazine.com cannot and does not warrant the completeness, accuracy, merchantability, or fitness of the news, information, or entertainment content found herein or in DI branded publications for any particular purpose. Further, you agree that DI-Magazine.com shall not be held liable to anyone for any loss or injury resulting from the direct or indirect use of DI-Magazine.com or DI publications. This includes, but is not limited to, loss or injury caused in whole or in part by its negligence or by contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering any portion of DI-Magazine.com.
All information provided on DI-Magazine.com and DI publications is to be used on an "as is, with all faults" basis. DI-Magazine.com and its publisher Dark Glass Media Pty Ltd rely on various sources of information that we believe to be accurate and reliable. However, DI-Magazine.com makes no claims or representations with regard to the accuracy, completeness, or truth of any material contained herein or in its DI branded publications.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Montana (except with respect to choice of law), as if the Agreement were a contract wholly entered into and wholly performed within the state of Montana.
BY USING DI-MAGAZINE.COM, OR PURCAHING A PRODUCT FROM OUR STORE, OR PURCHASING ANY OF OUR PUBLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUNDS BY ITS TERMS.
Trademark and copyright information.
Copyright 2009-2010 DI, DI-Magazine.com and Dark Glass Media Asset trust, All rights reserved.
DarkGlass-Media is the trademark of Dark Glass Media Pty Ltd. DI and the DI logo has trademark pending.
All other trademarks are the property of their respective owners.