Terms and Conditions of Use:

 

Please read these terms and conditions carefully before using this site. By using this Web site, you signify your agreement to these terms. If you do not agree to these terms, please do not use this Web site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Web site following the posting of changes to these terms constitutes your acceptance of those changes.

1. Trademark Notice:

Dukani Market Place programs, and services referenced throughout this site are federally registered trademarks of Dukani Market Place in the United States of America. For current trademark information, contact the Dukani Market Place office.

2. Copyright Notice:

Copyright 2005 by Dukani Market Place. P.O. Box XXXX Fort Worth, Tx. 12603., U.S.A. All Rights Reserved. Some materials delivered from this Web site may contain other proprietary notices and copyright information relating to those materials. Dukani Market Place and/or its contributors own all photographs, information, materials and other content contained on this Web site. This Web site contains original works of authorship that are the proprietary property of Dukani Market Place and/or its contributors, and which are protected under U.S. and international copyright laws. It is prohibited to copy, reproduce, modify, display, republish, upload, post, transmit, distribute, alter, prepare any derivative works of, or otherwise use any material from this Web site, including without limitation code, software, photographs, and images, without the prior express written consent of Dukani Market Place.

3. Links as a general practice, Dukani Market Place does not object to links made to its site from other sites. However, there are certain terms and conditions that should be followed.

A link to a Dukani Market Place Web site is permissible using the plain text URL www.dukani.com or the plain text name of Dukani Market Place as an organization. Unless Dukani Market Place enters into a specific written agreement with the party wishing to link, use of any of Dukani Market Place names, logos, designs, images, photographs, slogans, product trademarks, or service marks in or with the party's links is not permissible.

As a nonprofit organization, Dukani Market Place is prohibited from endorsing the products, services, or viewpoints of any company or organization. Therefore, a link to the Dukani Market Place Web site may not be presented in any way that suggests Dukani Market Place has a relationship or affiliation with the party's site or endorses, sponsors, or recommends the information, products, or services on that site. Without the prior express written permission for a particular use from Dukani Market Place, no Dukani Market Place name, logos, designs, images, photographs, slogans, product trademarks, or service marks should be used in any advertising, publicity, promotion, or in any other commercial manner.

Due to frequent content updates, Dukani Market Place recommends that the link be only to the home page of www.dukani.com. Without express written permission for a particular use, no content from this Web site should be incorporated into the party's site, e.g., by in-lining or framing. In addition, no Dukani Market Place logos, designs, images, photographs, slogans, product trademark or service marks, or any other words or codes identifying Dukani Market Place Web sites should be used in any META tag or other information used by search engines or other information location tools to identify and select sites.

4. Information Warranty Disclaimer:

All materials and related graphics provided by this Web site and any other materials that are referenced by or linked to this Web site are provided "as is" without warranty of any kind, either express or implied. To the maximum extent permitted by law, Dukani Market Place hereby disclaims all warranties and conditions with regard to any materials provided by this Web site or any other materials that are referenced by or linked to this Web site, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, and none infringement.

Dukani Market Place makes no representations about the suitability of the information delivered from this Web site or any other materials that are referenced by or linked to this Web site for any purpose. Dukani Market Place does not warrant the accuracy, quality, reliability, content, or legality of any materials provided by this Web site or any other materials that are referenced by or linked to this Web site. Dukani Market Place assumes no responsibility for errors or omissions in the materials provided by this Web site or any other materials that are referenced by or linked to this Web site.

Dukani Market Place does not warrant that the functional aspects of this Web site will be error free or uninterrupted, that defect will be corrected, or this Web site or the server that makes it available are free of viruses or other harmful components.

5. Limitation of Liability:

In no event, including but not limited to negligence, shall Dukani Market Place be liable under any theory of tort, contract, strict liability, or other legal or equitable theory for any special, indirect, incidental, consequential, exemplary, or punitive damages, or for damages of any kind arising out of or in connection with the use or performance of information contained in any materials provided by this Web site or in any other materials that are referenced by or linked to this Web site, even if Dukani Market Place or an authorized representative of Dukani Market Place has advised the user of the possibility of damages. In no event shall the cumulative liability to any party for any damages, losses, or causes of action, whether in contract, tort, or otherwise, arising out of or related to this Web site or to these terms, exceed the amount paid, if any, for accessing this Web site.

 

6. Content Posted by Third Parties:

Any party who posts information to the Dukani Market Place Web site and Dukani Market Place listserv agrees not to post any material that is bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, a violation of any copyright or trademark rights, invasive of privacy rights, or a violation of the rights of any party, and further agrees not to represent himself or herself as someone else. Dukani Market Place does not permit any commercial postings, advertising or soliciting, posting of viruses, or off-theme postings.

Dukani Market Place is under no obligation to monitor the information residing on or transmitted to this Web site; however, any party who posts information to this Web site agrees that Dukani Market Place may take appropriate action in order to prevent the violation of the rights of Dukani Market Place or of other parties, in order to comply with any law, regulation, or other governmental request, or in order to operate this Web site properly or to protect itself or others. Dukani Market Place reserves the right to modify, reject, or eliminate any information residing on or transmitted to this Web site that, in its sole discretion, it believes is unacceptable or in violation of these terms and conditions. Any party who posts information to this Web site remains solely responsible for the content of their postings.

The use, distribution, or publication of any materials posted by third parties does not constitute or imply an endorsement of those materials or of any opinions or comments in those materials. Dukani Market Place disclaims all responsibility for any bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, or copyright or trademark infringing material, or material that is invasive of privacy rights or a violation of the rights of any party, posted to this Web site or listserv by any third party.

Any party who posts information to any part of this Web site or listserv represents that it is the sole owner of all rights in materials posted by it (including all related copyrights) or that it has the absolute right to license their use as provided in this section. Dukani Market Place shall have no duty to attribute authorship of the posting to the posting party. Dukani Market Place shall not be obligated to enforce any form of attribution by third parties. By submitting messages, information and material to any public area of this site or its associated listserv, you are granting Dukani Market Place a perpetual royalty-free license to reproduce, edit, modify, publish, transmit and display, transmit, create derivative works from, distribute or perform it in whole or in part, or incorporate it in any form, medium, or technology now known or later developed. Dukani Market Place may sublicense all of its rights and licenses or assign them to third parties.

7. Submissions:

The long-standing policy of Dukani Market Place does not allow it to accept or consider creative ideas, suggestions, or materials other than those specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Dukani Market Place's professional staff might seem to others to be similar to their own creative work. Dukani Market Place requests that parties not submit any unsolicited original materials such as stories or ideas, screenplays, or original artwork, or any other creative ideas, suggestions, or materials (unless specifically requested by Dukani Market Place).

If, at the request of Dukani Market Place, a party sends certain specific submissions or, despite the request of Dukani Market Place, a party sends any creative ideas, suggestions, or materials, including, but not limited to, notes, drawings, concepts, comments, questions or answers, techniques, know-how, or other information, these submissions are, and will be treated as, non-confidential and non-proprietary. Dukani Market Place will not be liable for any use or disclosure of any submissions.

Neither Dukani Market Place nor any third party using the submission in accordance with this section will be obligated to pay the posting party any royalties or other compensation for use of the submission. Dukani Market Place shall have no duty to attribute authorship of the submission to the submitting party. Dukani Market Place shall not be obligated to enforce any form of attribution by third parties.

8. Indemnification:

Any party who has an account with Dukani Market Place is entirely responsible for maintaining the confidentiality of their password and account and for all activities that occur under their account. Dukani Market Place will not be responsible for any damages suffered by any party as a result of any instructions received from the party's e-mail account using the party's password. Any party who uses this Web site hereby indemnifies, defends, and holds Dukani Market Place and its affiliates, officers, directors/Board, agents, information providers, licensors, and licensees harmless from and against any and all claims, actions, liabilities, losses, damages, costs, or expenses (including reasonable attorneys' fees), whether direct or indirect, by contract, in tort, by operation of law, or otherwise, incurred by or asserted or awarded against Dukani Market Place or its affiliates, officers, directors, agents, information providers, licensors, and licensees in connection with any claim arising out of any breach by any party of these terms and conditions or claims arising from the account of any party, including, but not limited to, the use of the party's e-mail account and password by any individual. All parties shall use their best efforts to cooperate with Dukani Market Place in the defense of any claim. Dukani Market Place reserves the right, at Dukani Market Place's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any party.

9. Miscellaneous:

If any part of these terms is held to be unenforceable, the unenforceable part shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. The failure of Dukani Market Place to exercise or enforce any right or provision contained herein shall not constitute a waiver of that right or provision.

10. General Notice:

Dukani Market Place may give notice by means of a general notice on any Dukani Market Place Web site, electronic mail to a party's e-mail address on our records, or by written communication sent by first class mail or otherwise to a party's address on Dukani Market Place's records.

11. Notice and Procedure for Making Claims of Copyright Infringement, notifications of claimed copyright infringement should be sent to Dukani Market Place's Designated Agent.

Notification must be submitted to the following Designated Agent:

Name of Agent Designated To Receive Notification of Claimed Infringement: The Chairman or Secretary Full Address of Designated Agent to Which Notification Should Be Sent, Dukani Market Place, Dukani Market Place. P.O. Box XXXX Fort Worth Tx. 76140.

E-mail Address of Designated Agent: webmaster@dukani.com To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of an owner of an exclusive right that is allegedly infringed or violated; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be violated or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dukani Market Place to locate the material; Information reasonably sufficient to permit Dukani Market Place to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12. Applicable Law:

This site is created and controlled by Dukani Market Place in the State of Texas. As such, the laws of Texas will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of Texas and of the United States of America located in Texas for any litigation arising out of or relating to use of or purchase made through Dukani Market Place (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the state of Texas courts and agrees not to plead or claim in any Texas Court that such litigation brought therein has been brought in an inconvenient forum. Any action at law or in equity arising out of or relating to this Web site or these terms shall be filed only in the state or federal courts in Texas. Dukani Market Place makes no representation that the content of this Web site is available or appropriate for use in other locations. Any party who uses this Web site from other locations is responsible for compliance with applicable local laws.

13. Severability

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

14 ACKNOWLEDGMENT:

The Terms of Use, including all documents referenced herein, represents the entire understanding between you and Dukani Market Place regarding your relationship with Dukani Market Place and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Dukani Market Place Web site. The aforementioned Terms of Use are subject to change.

If you have questions regarding this policy, please search this site's help section or contact us at Webmaster@dukani.com. You can also use this address to bring any concerns you might have to our attention.

Due to the evolving technologies on the Internet, we may update this policy. All revisions will be posted to this site.