Intellectual Property Rights.
You hereby acknowledge and agree that as between you and Dahv, Dahv exclusively owns all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site collectively “Materials” , and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site, is strictly prohibited. You do not acquire any ownership rights to any of the Materials. Our posting of information or materials on the Site does not constitute a waiver of any of Dahv rights in such Materials.
Limited Right to Use.
You may use this Site solely for your own personal use and not for republication, distribution, assignment, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or hereafter devised, other than for your personal use but not for resale or redistribution.
Disclaimer and Limits.
THIS WEBSITE, OUR SERVICES AND OTHER INFORMATION PROVIDED IN CONNECTION WITH OR AS A RESULT OF OUR WEBSITE OR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND WE HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT OUR WEBSITE, OUR SERVICES OR OTHER INFORMATION PROVIDED IN CONNECTION WITH OR AS A RESULT OF OUR WEBSITE OR SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED. FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS OR SERVICES ON OUR WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR SERVICES ON THIS WEBSITE OR ON ANY SITES LINKED TO THIS SITE.
Links to Other Web Sites.
The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us, nor do we maintain any editorial or other control over such web sites. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so solely at your own risk.
In the event a dispute arises regarding this Agreement or the use of the Site, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.
DMCA – Copyright Infringement
It is our policy to respond to notices of alleged infringement that complies with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity. It is our policy to document all notices of alleged infringement on which we act.
Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.
To file a notice of infringement with us, you must provide a written communication (by fax — not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Your communication must include substantially all of the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
6. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Send the written communication to:
ATTN: 1st Approach
1 New Hampshire Avenue, Suite 125
Portsmouth, NH 03801