Terms of Use

Terms of Use

UltraViolet™ Website Terms Of Use

THIS WEBSITE (www.uvvu.com) ("WEBSITE") IS CONTROLLED AND OPERATED BY THE DIGITAL ENTERTAINMENT CONTENT ECOSYSTEM (DECE) LLC ("DECE" or " we").  DECE IS A LIMITED LIABILITY COMPANY FORMED IN DELAWARE, USA (COMPANY NUMBER 4536477).

YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE WEBSITE TERMS OF USE ("WEBSITE TERMS OF USE") AND THE WEBSITE PRIVACY POLICY ("WEBSITE PRIVACY POLICY").  THE WEBSITE IS PRIMARILY DESIGNED TO PROVIDE YOU WITH INFORMATION ABOUT THE DIGITAL ENTERTAINMENT SERVICE DECE OFFERS (THE "ULTRAVIOLET SERVICE").  IF YOU CHOOSE TO USE THE ULTRAVIOLET SERVICE, THE SEPARATE ULTRAVIOLET SERVICE TERMS OF USE, RATHER THAN THIS WEBSITE TERMS OF USE, WILL APPLY TO ALL ASPECTS OF YOUR USE OF THE ULTRAVIOLET SERVICE. IN THE EVENT OF ANY CONFLICT BETWEEN THE WEBSITE TERMS OF USE AND THE ULTRAVIOLET TERMS OF USE, THE ULTRAVIOLET TERMS OF USE SHALL PREVAIL.

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DECE.  PLEASE READ THESE TERMS CAREFULLY. 

Acceptance of Website Terms of Use

By accessing and using the Website, you accept and agree to be bound by the Website Terms of Use. 

Changes to the Website Terms of Use

DECE reserves the right, from time to time, at any time, and in its sole discretion, with or without additional notice to you, to change the Website Terms of Use.  You should review the Website Terms of Use frequently because, except with respect to the sections below entitled "Resolving Disputes/United States" and "Resolving Disputes/Non-United States", your continued use of the Website constitutes your acceptance of such revised Website Terms of Use.  The most current version of the Website Terms of Use will supersede all previous versions.  If you do not agree to, or cannot comply with, the updated Website Terms of Use, you must stop using the Website.

Privacy Policy

UltraViolet's policies with respect to the processing of personal information collected through the Website and the use and sharing of such information are set forth in the Website Privacy Policy, which is incorporated herein by reference for all purposes.  By accepting the Website Terms of Use you are consenting to the Website Privacy Policy.  The Website Privacy Policy supplements the UltraViolet Service Privacy Policy which governs the collection, use and sharing of  information in connection with the UltraViolet Service.  Where the Website Privacy Policy and the UltraViolet Service Privacy Policy conflict, the UltraViolet Service Privacy Policy shall prevail. 

Conduct In Connection with the Website

In addition to any other requirements associated with the accessing, browsing and/or use of the Website, you may not and agree not to:

  • obtain or attempt to gain unauthorized access to any UltraViolet Account to which you are not a Member, or obtain or attempt to gain unauthorized access to UltraViolet content to which you do not have permission or authority to access;
  • alter, edit, delete, obscure, otherwise change the meaning or appearance of, enclose, repurpose, redistribute, republish or publicly perform any of the Website content, including by linking to, hosting, embedding, streaming, framing and/or using any other means;
  • alter any trademarks, trade names, logos, service marks, promotional taglines, copyright notices or warnings or any other proprietary content or proprietary rights notices included therein or thereon;
  • engage in spidering, screen scraping, database scraping, harvesting of email addresses or other personal information from or through the Website, including, without limitation, any information residing on any server or database connected to the Website;
  • use the Website in any manner that could interrupt, damage, disable, degrade, overburden or impair the Website or interfere with any other Member's use and enjoyment of the Website or UltraViolet;
  • circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else's attempt to do any of the foregoing) with any part or portion of the Website, including without limitation, any security aspects or content protection of Website content;
  • upload, post, link to, transmit, distribute or otherwise publish to, on or through the Website, any information, content, or materials that are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, or which causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property rights or otherwise is in breach of or violates any applicable law or regulation, including, without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation;
  • use the Website to violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
  • impersonate or misrepresent yourself or your connection to any other entity or person;
  • upload, post, link to, transmit, distribute or otherwise publish any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
  • post or otherwise distribute untruthful or incorrect information that may mislead others with respect to certain functions or features of the service;
  • post links to websites or materials that could harm others' computers or would allow others to inappropriately access software or websites or would violate the Website Terms of Use;
  • use the Website to harvest information about Members for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk mail or other communications;
  • resell or redistribute the Website to anyone else either permanently or temporarily;
  • use the Website for any commercial purpose;
  • publish, distribute or disseminate any topic, name, material, file or information that incites discrimination, hate or violence towards one person or a group because of their race, religion, nationality, transgender status, homosexual status or HIV/AIDS status, or that insults the victims of crimes against humanity by contesting the existence of those crimes; or
  • use the Website, in whole or in part, in violation of any applicable law or regulation.

IF YOU VIOLATE OR CIRCUMVENT, OR ATTEMPT TO VIOLATE OR CIRCUMVENT, ANY SECURITY, CONTENT PROTECTION OR OTHER TECHNOLOGY OR ANY APPLICABLE LAWS, REGULATIONS OR REQUIREMENTS ASSOCIATED WITH USE OF THE WEBSITE OR ULTRAVIOLET, YOU MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL LIABILITY.

You may link to the homepage of the Website, but you must only do so in a way that is fair, does not damage the reputation of DECE and/or the UltraViolet service, and does not suggest any form of association, approval or endorsement of you, your goods or services and/or your website by DECE.

Intellectual Property Matters

As between you and DECE, DECE owns, solely and exclusively, all rights, title and interest in and to the Website and all of the content, software, code, data and other materials thereon, and the look-and-feel, design and organization of any aspect thereof, including any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein (collectively, the "UltraViolet Website Material").  Your use of the Website does not grant to you ownership or title of, in or to any UltraViolet Website Material.  The UltraViolet Website Material is for your personal and non-commercial use only.  You may not reproduce, distribute, copy, perform, display, modify, create derivative works from, or offer for sale any information contained on or obtained from or through the Website or the UltraViolet Website Material, without the express written consent of DECE.  In particular, you are not permitted to republish any part of the Website on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without DECE's prior written permission. 

The trademarks, trade names, domain names, service marks, logos and other distinctive brand features associated with the Website are proprietary to DECE and other third parties.  Nothing contained in or provided through the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, domain names, service marks, logos or other distinctive brand features without DECE's written permission or that of the third-party rights holder.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CONTENT, FUNCTIONS, USER INTERFACES, AND MATERIALS THEREOF OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE, ARE PROVIDED "AS IS", "AS AVAILABLE", AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT ANY PROMISES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, (b) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, (c) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (d) THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, (e) THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, (f) THAT ANY OF THE FEATURES OR FUNCTIONALITY ASSOCIATED WITH THE WEBSITE WILL BE AVAILABLE AT ANY GIVEN TIME OR FOR ANY DURATION, OR (g) THAT YOUR USE OF THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION.  DECE, ITS AFFILIATES, MEMBERS, CONTRACTORS, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "DECE ENTITIES") HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

THE DECE ENTITIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT AS A RESULT OF YOUR ACCESS TO OR USE OF THE WEBSITE.  YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK.  IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU SHOULD DISCONTINUE USING THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY DECE ENTITY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, OR ANY FEATURES OR FUNCTIONALITY THEREOF, EVEN IF SUCH DECE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS MAY NOT ALLOW OR MAY RESTRICT THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF ACTIONS AND/OR DAMAGES, SO IN SUCH JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOU UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK GIVEN THAT ACCESS TO THE WEBSITE IS FREE, AND (II) DECE WOULD NOT HAVE ALLOWED YOU ACCESS TO THE WEBSITE WITHOUT THESE LIMITATIONS ON LIABILITY.  NOTHING IN THE WEBSITE TERMS OF USE SHALL ACT TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY (WHERE SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW) OR OTHER TYPES OF LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.

THE WEBSITE MAY INCLUDE DESCRIPTIONS OF PLANS FOR THE DEVELOPMENT AND LAUNCH OF ULTRAVIOLET AND FEATURES THEREOF IN VARIOUS JURISDICTIONS.  THESE PLANS DO NOT CONSTITUTE A GUARANTEE OR COMMITMENT TO YOU AND DECE RESERVES THE RIGHT TO CHANGE THE ULTRAVIOLET SERVICES IT ELECTS TO OFFER AT ANY TIME WITHOUT NOTICE. 

Indemnification

You agree to defend, indemnify and hold DECE, its affiliates, members, contractors and licensors and each of their respective officers, directors, employees, agents and representatives harmless from and against any and all claims, liabilities, suits, losses, damages, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of the Website, (ii) your failure to comply with any applicable laws or regulations, or (iii) your breach or violation of the Website Terms of Use.  DECE reserves the right, at DECE's own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate in full at your own expense with any such defense.

Third Parties

DECE may exercise any of its rights hereunder and/or perform any of its obligations directly or through third parties.  Any rights granted to DECE, including any releases from or limitations on liability, extend equally to third parties acting on DECE's behalf.

Claims of Copyright Infringement

DECE respects the intellectual property rights of others, and requires that the individuals who use the Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to DECE's copyright agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

·                your address, telephone number, and email address;

·                a description of the copyrighted work that you claim has been infringed;

·                a description of where the alleged infringing material is located;

·                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;

·                an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

·                a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or authorized to act on the owner's behalf.

Copyright Agent

DECE Administration

1807 Santa Rita Road

Suite D235

Pleasanton, CA  94566

Email: admin@decellc.com

Phone: +1 (415) 508-4344

Links to Other Materials or Websites

The Website may link to or reference other third party websites or companies.  The linked websites are not under the control of DECE, and DECE is not responsible for the content of any linked website or any link contained in a linked website.  DECE reserves the right to terminate any link or linking program at any time.  DECE does not endorse companies or products to which it links and reserves the right to note as such on its web pages.  If you decide to access any of the third party websites linked to the Website, you do this entirely at your own risk.

Unsolicited Submission Policy

DECE DOES NOT WISH TO RECEIVE UNSOLICITED SUBMISSIONS, INCLUDING, WITHOUT LIMITATION: IDEAS, INFORMATION, SAMPLES, DEMOS, MARKETING PLANS, DESIGNS OR COPYRIGHT MATERIALS ("SUBMISSIONS") PROVIDED TO DECE FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION: NEW ADVERTISING CAMPAIGNS, PROMOTIONS, PRODUCTS, TECHNOLOGIES OR PROCESSES.  THE PURPOSE OF THIS UNSOLICITED SUBMISSION POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN DECE'S PRODUCTS, SERVICES OR MARKETING STRATEGIES WHICH MIGHT SEEM SIMILAR TO SUCH SUBMISSIONS.  SHOULD YOU SEND DECE SUBMISSIONS YOU CONFIRM BY DOING SO THAT YOU ACCEPT THAT DECE WILL NOT TREAT THOSE SUBMISSIONS AS CONFIDENTIAL OR PROPRIETARY AND THAT YOU PROVIDE DECE WITH THE RIGHT TO USE AND EXPLOIT SUCH SUBMISSIONS ON A WORLDWIDE, SUBLICENSABLE, ROYALTY-FREE BASIS, IN PERPETUITY HOWSOEVER DECE DEEMS FIT.

Resolving Disputes (United States)

If you are resident in the United States or accessing the Website from the United States, this Section entitled Resolving Disputes/United States applies to you and any claims relating to the Website or your usage thereof.

PLEASE READ THE PROVISIONS OF THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. BY AGREEING TO ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR, OR A PANEL OF ARBITRATORS, INSTEAD OF A JUDGE OR JURY. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT YOU CHOOSE (BY YOUR ACCEPTANCE OF THE ULTRAVIOLET TERMS OF USE AND/OR YOUR ACCESS OR USE OF ULTRAVIOLET OR THE ULTRAVIOLET WEBSITE) TO HAVE ANY DISPUTES RESOLVED THROUGH ARBITRATION.

In order to expedite and control the cost of disputes, you agree that any legal or equitable claim, dispute, action or proceeding relating to Ultraviolet or the UltraViolet Terms of Use (a "Claim"), will be resolved as follows:

1. Informal Claim Resolution: To initiate an informal resolution to a Claim, you must send a notice (a "Notice") by first class United States mail to DECE at:

DECE Administration

1807 Santa Rita Road

Suite D235

Pleasanton, CA  94566.

Any Notice must include your full legal name and a valid return address for you in order to be effective. Neither of us may start a formal proceeding (except for Claims described in subsection 3 below) for at least sixty days after one of us notifies the other of a Claim in writing. If we initiate a Claim, we will send our notice to the email address on file with us.

2. Formal Resolution: If we cannot resolve a Claim informally, including any Claim between us (and any Claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not party to the Ultraviolet Terms of Use), whether related to the Ultraviolet Terms of Use or otherwise, including past, present, and future Claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause then these Claims shall be resolved, upon election by either party, exclusively and finally by binding arbitration.

The party initiating arbitration must follow the provisions set forth in this "Resolving Disputes/United States" section of the Terms of Use and the rules and procedures of the American Arbitration Association ("AAA") in effect at the time the Claim is filed, except to the extent such rules and procedures may modified by this section of the Terms of Use, and the parties agree that the arbitration shall be administered by AAA. You may obtain copies of the current rules, forms and instructions for initiating an arbitration by contacting:

American Arbitration Association

1633 Broadway, 10th Floor New York, New York 10019

Web site: www.adr.org

(800) 778-7879

This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (" FAA"), and not by any state law concerning arbitration.

3. Small Claims: Instead of proceeding to arbitration, you have the option to pursue a Claim in small claims court (or the equivalent) so long as (1) the Claim remains in that court, and (2) is made solely on your behalf. However, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.

4. Cost Sharing. Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable arbitration rules. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. However, we will advance or reimburse your fee if the arbitration firm or arbitrator determines there is good reason requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

5. Class Actions and Severability: If either party elects to resolve a claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other subscribers, or other persons similarly situated. No Claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration ("Class Action Waiver"). The parties to the Ultraviolet Terms of Use acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the Ultraviolet Terms of Use to arbitrate Claims. 'Claim' does not include any challenge to the validity and effect of the Class Action Waiver, which must be decided by a court. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. If any portion of this arbitration agreement or the Class Action Waiver is limited, voided or cannot be enforced, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver, that portion will be severed, and the rest of the arbitration agreement will continue to apply. If this entire agreement to arbitrate shall be null and void, then the parties agree that any Actions shall be commenced and heard in the appropriate court in New Castle County, Delaware.  You agree to submit to the personal and exclusive jurisdiction of the courts located within New Castle County in the State of Delaware.

6. Binding Effect; Governing Law: In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged, as set forth in the FAA. Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court with jurisdiction.  The UltraViolet Terms of Use and the relationship between you and DECE shall be governed by the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

7.  Exception. Prior to the appointment of an arbitrator, nothing herein shall prevent a party from seeking temporary injunctive relief in any court of competent jurisdiction, without waiving the right to arbitration.

8.  Statute of Limitations.  YOU AGREE THAT REGARDLESS OF ANY LAW OR REGULATION TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF ULTRAVIOLET OR THE ULTRAVIOLET TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Resolving Disputes (Non-United States)

If you are not a resident in the United States nor accessing the Website from the United States, this Section entitled Resolving Disputes (Non-United States) applies to you and any claims relating to the Website or your usage thereof.

The Website Terms of Use and the relationship between you and DECE shall be governed by the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.  You agree that any cause of action that may arise relating to the Website or these Website Terms of Use shall be commenced and be heard in the appropriate court in New Castle County, Delaware.  You agree to submit to the personal and exclusive jurisdiction of the courts located within New Castle County in the State of Delaware or in the Courts of England & Wales.

Entire Agreement; Interpretation.

The Website Terms of Use (including all policies and documents incorporated herein by reference) should be read in conjunction with the Website Privacy Policy, the UltraViolet Terms of Use and the UltraViolet Service Privacy Policy.  Together they constitute the entire agreement between you and DECE with regard to your use of the Website and supersede any proposal, or prior or contemporaneous, agreement, oral or written, and any other communications relating to the subject matter of this agreement.  The invalidity or unenforceability of any particular provision of the Website Terms of Use does not affect the other provisions hereof, and the Website Terms of Use will be construed in all respects as if such invalid or unenforceable provision has been omitted.  Except as otherwise expressly set forth in the Website Terms of Use, no remedy referred to in the Website Terms of Use is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to herein or otherwise available at law, in equity or otherwise.  DECE's failure to exercise or enforce any right or provision of the Website Terms of Use shall not constitute a waiver of such right or provision.  Unless otherwise stated, the singular includes the plural and vice versa, reference to a person includes a legal person (such as a limited liability company) as well as a natural person (an "individual") and the words "include", "including", "in particular", "for example" or similar shall be construed as illustrative and without limitation.  Descriptive headings are for the convenience of the reader, and shall not be used to add to or limit the meaning of relevant terms and conditions.

Effective Date:  November 14, 2013