Terms of Service
Last Updated on January 10, 2012
Introduction: Your Agreement to the Terms of Service.

Welcome, and thank you for your interest in Duinocity ("Duinocity"), which operates the web site and online services located at http://www.duinocity.com (the "Website"). The following Terms of Service for the Website is a legal contract between you, either an individual subscriber, customer, member, or user ("You"), and Duinocity regarding your use of the Website. Visitors and users of the Website are referred to individually as "User" and collectively as "Users".

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS").

Eligibility

THE WEBSITE IS NOT AVAILABLE TO ANY PERSONS UNDER THE AGE OF 13, EXCEPT AS PERMITTED IN THIS SECTION, OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY Duinocity. By clicking the "I Agree" button or by otherwise using the Website, You represent that You have not been previously suspended or removed from the Website by Duinocity and that You are either (i) at least 13 years of age or (ii) Your account is registered with an organization that has partnered directly with Duinocity ("Educational Organization") and Your parent and/or guardian has consented to Your use of the Website through such partner.

Privacy Notice

Your privacy is important to Duinocity. Duinocity's Privacy Policy is hereby incorporated into the Terms by reference. Please read this Privacy Policy carefully for information relating to Duinocity's collection, use, and disclosure of your personal information. If you are a User that requests help from a Coach, you hereby acknowledge that Duinocity may disclose your information to the Coaches listed on your account.

Additional Terms; Other Guidelines
Modification of the Terms

Duinocity reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Website.

User Postings License Grant; Representations and Warranties
Digital Millennium Copyright Act

It is Duinocity's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Duinocity's DMCA Notification Guidelines. Duinocity will promptly terminate without notice your access to the Website if You are determined by Duinocity to be a "repeat infringer." A repeat infringer is a User who has been notified by Duinocity of infringing activity violations more than twice and/or who has had a User Posting or any other user-submitted content removed from the Website more than twice.

Prohibited Conduct. BY USING THE WEBSITE YOU AGREE NOT TO:
Account; Access to Your User Postings.
Fees; Payments.
Third-Party Sites, Products and Services; Links.

The Website may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Duinocity does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

Ownership; Proprietary Rights.

The Website is owned and operated by Duinocity. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by Duinocity (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Postings that are provided and owned by Users, all Materials contained on the Website are the property of Duinocity or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Duinocity or its affiliates and/or third-party licensors. Except as expressly authorized by Duinocity, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Duinocity reserves all rights to the Materials not expressly granted in the Terms.

Termination
Indemnification

You agree to indemnify, save, and hold Duinocity, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, any violation by You of the Terms, or any breach of the representations, warranties, and covenants made by You herein. Duinocity reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Duinocity, and You agree to cooperate with Duinocity's defense of these claims. Duinocity will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

Disclaimers; No Warranties.
Limitation of Liability and Damages
Miscellaneous