Terms and Conditions
Updated: March 15, 2016
By using this site, you accept the following agreement (the “Agreement”). This Agreement may be updated from time to time at the sole discretion of Defy Ventures, Inc. (“Defy”). Use of this website at any time constitutes your acceptance of the latest version of this Agreement. If you do not accept this Agreement, do not use this website.
RESTRICTIONS ON USE
You acknowledge and agree that all content included on this website, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of Defy or its content suppliers and is protected by US and international copyright laws.
Except as otherwise indicated on this website, any person using this website is authorized to copy, print, or distribute any of its contents only as set forth below, and Defy may terminate such authorization at any time:
1. Users may print out individual pages but cannot copy or download a large portion of the website (e.g., no bots, webcrawlers, spiders, etc. that “harvest” the website).
2. Users may download, print, distribute and use pages from the website only for informational, non-commercial purposes.
3. Any copies of such documents or pages must not alter the original website content and must include the Defy copyright notice: “© 2013 Defy Ventures, Inc. All Rights Reserved.”
4. No one may frame this website or any portion thereof without the express written permission of Defy. Linking to this website is permitted, provided that the link does not falsely imply or suggest that Defy has endorsed or is affiliated with the linked website. Defy is not liable for the contents of any third-party website linked to its website.
1. Violations of Law. You are prohibited from using this website to commit criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements, or to infringe or violate the rights (including intellectual property, privacy and publicity rights) of any person. We reserve the right to report any such activity to appropriate law enforcement officials, regulators or other third parties, and we may do so without prior notice to you.
2. Security Violations. You are prohibited from violating, or attempting to violate, the security of the website. Any such violations may result in criminal and civil liabilities to you. Examples of prohibited security violations include: (a) logging into a server or account that you are not authorized to access; (b) accessing data or taking any action to obtain services not intended for your use; (c) attempting to probe, scan, or test the vulnerability of the website or its infrastructure; (d) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; (e) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other devices that intend to (or actually) damage or disrupt the website or its infrastructure; and (f) interfering with or intercepting any service or data relating to the website, including by means of overloading, “flooding,” “mailbombing,” or “crashing” the website or its infrastructure.
3. Threats. You are prohibited from using this website to transmit materials of a harassing or threatening nature.
4. Offensive or Unlawful Materials. You are prohibited from using this website for the display or distribution of offensive or unlawful materials, including materials that are libelous, defamatory, obscene, pornographic, indecent, vulgar, or hateful, or materials that infringe or violate the intellectual property, privacy, publicity or other personal rights of others.
5. Spam. You are prohibited from using this website in connection with spam. Spam is not only annoying to other users, it might degrade the website or interfere with its operation. Spam includes any of the following activities: (a) sending any unsolicited e-mail that could provoke complaints; (b) sending unsolicited e-mail without identifying a clear and easy means to be excluded from receiving additional e-mail from the same source; and (c) sending e-mail that does not accurately identify the sender, the sender’s return address and e-mail address.
6. Other Prohibited Conduct. You further agree that when using this website, you will not do any of the following: (a) post or upload any content containing any solicitation; (b) download any content that you know, or reasonably should know, has not been lawfully posted or distributed; (c) falsify or delete any author attributions or proprietary or legal notices; (d) use another’s password without permission or impersonate another person; or (e) harvest or otherwise collect information about others, including e-mail addresses, without their consent.
We reserve the right to determine, in our sole discretion, whether you have used the website in a prohibited way. We reserve the right, but not the obligation, to monitor the website and, if we become aware that you have used (or attempted to use) the website for a prohibited purpose, we reserve the right to take any action we deem appropriate, including terminating your access to the website. We may not notify you before we take any such action against you.
Defy respects the intellectual property rights of others. If you believe that any material on this website infringes your copyrights, you may notify us in the way identified below. When we receive such a notice, we may remove or disable access to the material claimed to be infringing and/or, in appropriate circumstances, terminate the accounts or website access of any repeat infringers. If we remove or disable access to material in response to your notice, we will make a good-faith attempt to contact the individual or entity, if any, who submitted the material, so that that he or she has the opportunity to make a counter notification
Pursuant to Section 512(c)(2) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, Defy has designated an agent to receive notifications of claimed infringement. If you have any queries or complaints regarding copyright infringement, you may send your queries to:
Defy Ventures, Inc.
5 Penn Plaza, 19th Floor
New York, NY 10001
Consistent with the U.S. Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), to file a notice of copyright infringement with us, you must provide a written communication to our contact identified above, in which you do the following (preferably in this format):
1. Give enough information to enable Defy to contact you regarding your complaint, including your name, address, telephone number and, if available, e-mail address.
2. Identify in sufficient detail the copyrighted material(s) and/or work(s) that you claim is/are being infringed on this website.
3. Identify in sufficient detail the material(s) and/or work(s) that you claim is/are causing such infringement, and give enough information (such as a web page address) to allow Defy to locate such material(s) and/or work(s) within the website.
4. State that you have a good-faith belief that use of the copyrighted material(s) and/or work(s) in item (2) above is not authorized by the copyright owner, its agent or the law.
5. State that the information in this notification is accurate and, under penalty of perjury, that you either own the copyright (or an exclusive right under the copyright) in the material(s) and/or work(s) that you claim in (2) above is/are being infringed, or are authorized by such owner to act on its behalf
6. Provide your physical or electronic signature.
Please note that if you falsely claim that any posted content is infringing your copyrights, you may be liable for monetary damages, costs and attorney’s fees
Pursuant to Sections 512(g)(2) and (3) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, the provider of the content named in the above infringement notification may make a counter-notification. When we receive such a counter-notification, we may reinstate the material in question on our website or cease disabling access to it. To file a counter-notification with us, you must provide a written communication to the contact identified above, in which you do the following (preferably in this format):
1. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
2. Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (i.e., the specific URLs or other unique identifying information).
3. State under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Provide your physical or electronic signature.
Please note that if you falsely claim that any posted content was removed or disabled due to Defy’s mistake or misidentification, you may be liable for monetary damages, costs and attorney’s fees.
OTHER WEBSITE CONCERNS
If you wish to write to Defy about any other issue concerning the website, please use the contact information below:
Defy Ventures, Inc.
5 Penn Plaza
New York, NY 10001
Please include details that would assist Defy in investigating and resolving any concerns you may have.
DEFY®, DEFY FOUNDATION®, the archer logo and other marks displayed on this website are trademarks of Defy. Certain other trademarks displayed on this website are not owned by Defy and are the property of their respective owners.
LIMITATIONS OF LIABILITY
Defy and its affiliates will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this website and its contents, or a website linked to this site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction.
The material in this website may include technical inaccuracies or typographical errors. Defy may make changes to the website and its contents at any time.
THIS WEBSITE IS PROVIDED BY DEFY ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEFY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. DEFY DOES NOT WARRANT THAT THE INFORMATION IN THIS WEBSITE IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Defy makes no representation that materials on this website are appropriate or lawful for use or access in locations outside the United States. Access to this website from countries or territories where such access is illegal is prohibited. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws. Furthermore, our databases connected with this website are located in the United States. By posting to our website or sending us your data, you consent to their transfer to and from, and storage within the United States.
You agree that your use of this website, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of New York. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Manhattan, New York.
Defy Ventures is an equal opportunity employer and is committed to diversity.
Defy Ventures provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics. In addition to federal law requirements, Defy Ventures complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.
Defy Ventures expressly prohibits any form of workplace harassment based on race, color, religion, gender, sexual orientation, gender identity or expression, national origin, age, genetic information, disability, or veteran status. Improper interference with the ability of Defy Ventures’ employees to perform their job duties may result in discipline up to and including discharge.