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Terms of Use

d'Vinci Interactive, LLC End-User License Agreement and Terms of Use

NOTICE TO ALL USERS: PLEASE READ THESE TERMS CAREFULLY. BY USING the d'Vinci ONLINE SYSTEM YOU AGREE THAT THIS END-USER LICENSE AGREEMENT AND WEBSITE TERMS OF USE (COLLECTIVELY, THE "AGREEMENT") ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE, THEN YOU MUST IMMEDIATELY CEASE AND DESIST FROM USING THE SYSTEM AND THIS WEBSITE.

License and Terms of Use:

  1. d'Vinci Interactive, LLC (“d'Vinci”) agrees to provide you with a limited, non-exclusive, non-transferable, non-assignable, license to use the d'Vinci Interactive, LLC System (“System”) as further specified herein. Such access shall be governed by the terms of this Agreement. All rights not expressly granted to You herein are retained by d'Vinci.
  2. d'Vinci is not responsible for providing you with equipment for accessing the System or with technical support on hardware or on wireless access and internet connectivity.
  3. d'Vinci will use its best efforts to provide access to the System ninety-nine percent (99%) of the time. Notwithstanding the foregoing, You acknowledge that access to the System may be interrupted or disrupted from time to time due to reasons that include but is not limited to scheduled system maintenance, and that d'Vinci will not be liable for any damages, direct or indirect, arising out of any interruption to or disruption of access to the System. You acknowledge that service interruptions may result from Your wireless internet connectivity, and that d'Vinci shall not be responsible for the same.
  4. You will create a user identification and password to access the System, and by using and accessing the System, You agree to abide by the rules set forth in this section. d'Vinci reserves the right, at any time and in d'Vinci's sole discretion, to terminate System access for Your failing to comply with the terms of this section.
    1. You shall not disclose Your assigned user identifications and passwords to any person, nor allow any person to use Your user identifications and passwords to access the System. You are responsible for any and all activities that occur on Your account.
    2. You agree to notify d'Vinci immediately of any unauthorized use of Your account or any other breach of security of which You become aware. d'Vinci shall not be liable for any loss to You resulting from someone else using Your password, account, or mobile device with access to account information or data transported through the device either with or without Your knowledge.
    3. You agree and acknowledge that d'Vinci is the owner or licensee of all rights in the System, including the platform and the content that appears on the System (the "Content") and You will not challenge those rights or do anything that might impair or damage those rights. The System, including the Platform and the Content, is protected by patent, copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on the System may violate such laws. The trademarks, logos and service marks used and displayed on the System (the "Trademarks") are registered and unregistered trademarks of d'Vinci, d'Vinci partners and others. Under no circumstances may You use any of the Trademarks, whether owned by or licensed to d'Vinci or d'Vinci partners. No links may be established to any part of the System's website, and no information or Content on the System's website may be framed without the prior written approval of d'Vinci.
    4. You shall not license, sublicense, transfer, assign, reproduce, duplicate, systematically download or store, copy, sell, distribute or exploit the System or any access to or use of the System or Content.
    5. You shall not alter any material or Content on the System, and shall not "mirror" (i.e.: create a replica of the System or features on the System) any material contained within the System through hacking, password mining, denial of service attacks, or any other means.
  5. You shall not use the System in any manner that could disable, overburden, or impair any d'Vinci server, or interfere with any other person's use and enjoyment of the System through hacking, password mining or any other means.
  6. Upon any termination of this Agreement or the Institutional Subscriber Agreement under which you may be an authorized user for any reason, d'Vinci shall deactivate Your identifications and passwords.
  7. By submitting information to this website, whether requested or not, You agree to grant d'Vinci permission to send You e-mail announcements, updates, and notifications. For more information regarding how d'Vinci may use and/or disclose information submitted by You to this website, please review our Privacy Policy.
  8. If you are an individual subscriber and not an authorized user under an Institutional Subscriber Agreement, payment for access to the website is due upon registration and at least annually thereafter.  You agree to abide by these payment terms. Any violation of these terms or other agreements in writing established between You and d'Vinci may result in forfeiture of access to the website.
  9. This website is published and maintained by d'Vinci and is strictly for educational purposes.  You may not distribute, exchange, modify, or interrupt any operation on the site. All materials such as text, audio, images, video clips, graphics, logos, button icons, and software on this website are protected under U.S. copyright and other intellectual property laws. Transmission or reproduction of protected items beyond that allowed by fair use as defined in the copyright laws requires the written permission of the copyright owners.
    Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance is strictly prohibited.
  10. While d'Vinci strives to make the information on this website as timely and accurate as possible, d'Vinci Interactive, LLC makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of this site, and expressly disclaims liability for errors and omissions in the contents of this site. The materials on this website are provided for general information only, and any reliance upon the material found on this site will be at your own risk. d'Vinci reserves the right to modify the contents of the site at any time. Website users agree that it is your responsibility to monitor changes to the site. d'Vinci urges you to consult with your own legal advisor before taking any action based on information appearing on this site or any site to which it may be linked.
  11. d'Vinci contains links to websites created and maintained by other public and/or private organizations. We provide these links as a service to our users. When users link to an outside website, they are leaving the d'Vinci Interactive, LLC website and are subject to the privacy and security policies of the owners/sponsors of the outside website(s).
  12. UNDER NO CIRCUMSTANCES SHALL d'Vinci (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULTS FROM THE USE OF OR INABILITY TO USE THE SYSTEM OR ANY PORTION THEREOF.  THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF d'Vinci HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.  THE TOTAL LIABILITY OF d'Vinci TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE FEES YOU PAID TO ACCESS THE SYSTEM FOR THE THEN-CURRENT SUBSCRIPTION TERM.
  13. d'Vinci operates and controls the System from its offices within the state of Maryland, United States of America.  You agree that the statutes and laws of the state of Maryland, without regard to its conflicts of law principles, will apply to all matters regarding the use of the System. You also agree to submit to the exclusive personal jurisdiction and venue of the courts within the state of Maryland with respect to such matters.
  14. This Agreement and any rights granted under them, may not be transferred or assigned by You, but may be assigned by d'Vinci without restriction.
  15. This Agreement and d'Vinci's Privacy Policy contain the entire agreement between You and d'Vinci relating to Your use of the System and supersede all prior agreements, representations and understandings between You and d'Vinci with respect to the System except if you are accessing the System as an End User under an Institutional Subscriber Agreement then the terms of the Institutional Subscriber Agreement apply as well. No waiver of any provision of the terms of this Agreement by d'Vinci shall be valid unless it is in writing and signed by d'Vinci. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.