Terms and Conditions of Use

(Effective date: June 4, 2007)

DCS provides you access to this Web site and any DCS Web sites and the information and data available therein (hereafter referred to as "the Sites")  strictly conditioned upon your compliance with the terms and conditions set forth below, including all documents, policies and guidelines incorporated herein (the “Agreement”).  PLEASE READ THIS AGREEMENT CAREFULLY.  By accessing, browsing, or using any of our Sites, you agree to be bound by the terms and conditions described herein and all documents, policies and guidelines incorporated by reference.  This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with DCS.  DCS reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion.  If the Agreement is changed, we will post the new terms on the Sites and change the date accordingly.  Any changes or modifications will be effective upon posting of the new Agreement on the Sites as revised, and your access to and use of the Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.

Copyright and Authorized Access
All copyrighted and copyrightable materials on these Sites, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are ALL RIGHTS RESERVED Copyright © 2006-2007 DCS and/or its licensors.  You are granted a limited, non-sublicensable right to access the Sites and print the Materials for your personal, non-commercial, and informational use only.  The foregoing license grant does NOT include the right for you to:

  1. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
  2. market, sell, or make commercial use of the Sites or any Materials;
  3. systematically collect and use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods;
  4. make derivative uses of the Sites or the Materials;
  5. or use, frame, or utilize framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of DCS or any third party.  Any unauthorized use of the Sites will terminate the permission or license granted by this Agreement and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

If you use any part of the Sites that requires a username or password, then you are responsible for maintaining the confidentiality of that username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your password.  In the event the confidentiality of your password is compromised in any manner, you should notify DCS immediately.  DCS reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your access, including without limitation terminating your password and access, changing your password, or requesting additional information to authorize access.  Notwithstanding the above, DCS may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall DCS be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of DCS under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password.  Any unauthorized use of the Sites will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.  All violators will be prosecuted to the fullest extent of the law.

Copyright Complaints
DCS respects the intellectual property of others.  If you believe that your work has been copied and has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please provide DCS’ copyright agent the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Sites;
  • Your address, telephone number, and e-mail address;
  • 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;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DCS’ Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:

Kitchens New, LLC
2973 Hardman Court
Atlanta, GA 30305
Attention: Copyright Infringement Agent/Randy New

Trademarks and Service Marks
The trademarks and service marks displayed on the Sites are registered and unregistered trademarks of DCS and may not be copied, imitated or used, in whole or in part, without the prior written permission of DCS or, if applicable, its licensor.  In addition, DCS custom graphics, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DCS.  DCS trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits DCS.  “DCS” and all other DCS marks and logos, and the DCS products and services described on the Sites, are either trademarks, service marks, or registered trademarks of DCS or its affiliates, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DCS or its affiliates.  All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DCS.  You may not use any metatags or any other “hidden text” utilizing a DCS name, trademark, or product name without DCS’ express written consent.


Linking
DCS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites or services accessible by hyperlink from the Sites, or third-party Web sites linking to the Sites.  Such linked Web sites are not under the control of DCS and DCS is not responsible for the content of any such linked Web site or any link contained in a linked Web site, or any review, changes or updates to such Web sites.  DCS is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by DCS of the Web site or any information contained therein.  When leaving the DCS Sites, you should be aware that DCS’ terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.

DCS live and member-to-member areas (hereafter “Public Areas”)
If you use a Public Area, such as a chat room, bulletin board or community, posting or other member communities provided on the Sites, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas.  DCS and its licensors are not responsible for the consequences of any communications in the Public Areas.  In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.  If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DCS in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or “spamming”; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of DCS, exposes DCS or any of its customers or suppliers to any liability or detriment of any type.

DCS reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  4. Terminate a user’s access to any or all Public Areas and/or the DCS Site upon any breach of these Terms and Conditions.
  5. Monitor, edit, or disclose any communication in the Public Areas.
  6. Edit or delete any communication(s) posted on the DCS Site, regardless of whether such communication(s) violate these standards.

DCS or its licensors have no liability or responsibility to users of the DCS Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Submissions
The personal information you submit to DCS is governed by the DCS Privacy Policy.  To the extent there is an inconsistency between this Agreement and the DCS Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party.  By submitting communications or content to the Public Areas (as defined hereafter), you agree that such submission is non-confidential for all purposes.
You agree that you will not send or transmit to DCS by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party.  If you submit any business information, idea, concept or invention to DCS by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to DCS by email, you automatically grant -- or warrant that the owner of such content or intellectual property has expressly granted --- to DCS a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.  DCS may sublicense its rights through multiple tiers of sublicenses.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to DCS by email.  You also grant to DCS the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.  You agree that you shall have no recourse against DCS for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to DCS, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.  You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify DCS for all claims resulting from material you supply.
Export Restrictions
Any software and all underlying information and technology downloaded from the Sites (collectively the “Software”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries.  You are responsible for complying with all trade regulations and laws both foreign and domestic.  Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals.  You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Use of Information on the Sites for Investment. 

You agree that the information presented on the Sites is not intended to be relied upon for any investment purpose by you including any investment you might consider in DCS and that you will not use any such information in evaluating any investment that you make in DCS or any other company.  You agree that the information contained on the Sites need not be kept current by DCS and that DCS is not assuring the accuracy of any prospective, financial, strategic or other business information on the Sites. 


Disclaimers
AS IF” AND “AS AVAILABLE” BASIS.  THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITES.  YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND RESPONSIBILITY.

WARRANTY DISCLAIMER. 
DCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITES.  DCS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. DCS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY.  WHILE DCS ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, DCS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER’S REQUIREMENTS.

DCS reserves the right to change any and all content contained on the Sites at any time without notice.  Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by DCS.

YOUR RESPONSIBILITY AND RISK.  It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Sites or on the Internet generally.  The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you.  You access such materials at your risk. DCS has no control over and accepts no responsibility whatsoever for such materials.

Enforcement
DCS reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of service, and/or removal, screening, or editing of posted message, data, information, text or other material (“Content”), self help and active investigation, litigation and prosecution in any court or appropriate venue.  DCS may access, use, and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services.  INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A DCS CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.

Limitation of Liability
IN NO EVENT SHALL DCS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, EVEN IF DCS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DCS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE USE OF DCS’ SITES, EXCEED $1,000.00 OR THE COMPENSATION YOU PAID DCS, WHICHEVER IS LESS.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages.  If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.  In such states, DCS’ liability is limited to the greatest extent permitted by law.

Indemnification
You agree to indemnify, defend, and hold harmless DCS, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Sites from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or your violation of any rights of a third party.

Third-Party Rights
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Sites after this Agreement has been terminated.  The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third-Party Content, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Third-Party Rights, Applicable Law, Venue and Limitation of Actions, Termination, Severability, Enforceability and Admissibility, and Miscellaneous shall survive any termination of this Agreement.

Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with DCS, or in any way relating to your use of the DCS Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving DCS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles.  If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.  No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Miscellaneous
DCS’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.  DCS may assign its rights and duties under this Agreement to any party at any time without notice to you.