|
The following Terms of Service
reflect the policies for the communities under dvcRequest (www.dvcRequest.com),
owned and operated by Capitol Technologies
1. ACCEPTANCE OF TERMS
This website (“Site”) is a service of Capitol Technologies Our
provision of this Service is subject to the following terms and
conditions and any rules, guidelines or policies (collectively,
"Terms of Service") that may be published from time to time by
Capitol Technologies By accessing this Site on the Internet or
World Wide Web and/or clicking on the “I accept” button at the
bottom of this page and using this Site, you are agreeing to
comply with and be bound by the Terms of Service. In addition,
when using particular Capitol Technologies services, you are
subject to any posted guidelines or rules applicable to such
services. All such guidelines and rules applicable to such
services are hereby incorporated by reference in the Terms of
Service. Capitol Technologies may update any or all of the Terms
of Service from time to time without notice. You understand that
the Service is provided "AS-IS" and “AS AVAILABLE” without any
warranty or representations of any kind, whether express or
implied. Capitol Technologies is a distributor of the content
and assumes no responsibility for the timeliness, deletion,
misdelivery or failure to store any member, customer, or group
communication.
2. DESCRIPTION OF SERVICE
Capitol Technologies offers rental of Disney Vacation Club
points on-line. Additionally, Unless specifically stated
otherwise, any new features that augment or enhance the current
Service shall be subject to these Terms of Service.
3. USE OF SITE
3.1 Proprietary Rights
The Site contains information, data, text, software, music,
sound, photographs, designs, graphics, video, sound, images,
animation and other materials and effects (including logos)
that are protected by copyrights, trademarks, service marks,
trade dress or other intellectual or proprietary rights
owned by Capitol Technologies or other third parties
("Content"). You acknowledge and agree that these rights
belong to their respective owners and are protected in all
forms, media and technologies existing now or hereinafter
developed. dvcRequest.com and Capitol Technologies logos and
product and service names are trademarks of Capitol
Technologies (the “Trademarks”). You agree not to display or
use these Trademarks in any manner, without Capitol
Technologies' written permission.
3.2 No Framing
You agree not to “frame” or “mirror” any Content or third
party content contained on or accessible from this site on
any other server or Internet-based device without the
advance written authorization of Capitol Technologies
3.3 Member Conduct
Your use of the Site is subject to applicable local,
provincial, federal and international law. You agree not to
use the Site or any of the Content for any illegal purpose,
or to transmit to or through the Site any illegal, harmful,
threatening, defamatory, obscene, hateful or other
objectionable material of any kind or to interfere with,
abuse or otherwise violate the legal rights of any third
party using the Site (including by using any merchandise or
the Services offered on or in conjunction with the Site). By
way of example only, and not as a limitation, you
specifically agree not to:
a) upload, post,
e-mail or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libellous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but
not limited to, a dvcRequest employee, or falsely
state or otherwise misrepresent your affiliation
with a person or entity;
d) create false, misleading or duplicative addresses
in order to disguise the destination of any Content
transmitted through the Service;
e) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the Service;
f) adopt names and addresses for the purpose of
cyber squatting;
g) upload, post, e-mail or otherwise transmit any
Content that you do not have a right to transmit
under any law or under contractual or fiduciary
relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or
under nondisclosure agreements);
h) upload post, e-mail or otherwise transmit any
Content that infringes any patent, trademark, trade
secret, copyright, publicity or other proprietary
right ("Rights") of any party;
i) upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of such
solicitation;
j) upload, post, e-mail or otherwise transmit any
material that contains software viruses or any other
computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment;
k) interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;
l) intentionally or unintentionally violate any
applicable local, provincial, national or
international law, including, but not limited to,
regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or
other securities exchange, including, without
limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
m) "stalk" or otherwise harass another; or
n) harvest or otherwise collect information about
others, including e-mail addresses, without their
consent.
3.4 Use of Content
Capitol Technologies grants permission to access and
view the Site and to electronically copy and print
portions of the Site for the sole purpose of submitting
an order. Any other use of the Site or the Content, in
whole or in part, without permission of the applicable
rights holder is strictly prohibited, including without
limitation: modification, republication, deletion,
transmission, public performance, distribution, proxy
caching, uploading, posting, reproduction for purposes
other than those noted above, or other similar
unauthorized exploitation of the Site or the Content.
Without limiting the foregoing, any unauthorized use of
the Content is illegal and could subject you to criminal
prosecution as well as personal liability for damages in
a civil suit.
4. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the country in which you reside.
5. TERMINATION
You agree that Capitol Technologies, in its sole discretion, may
terminate your password, account or use of the Service, and
remove and discard any Content within the Service, for any
reason, including without limitation, for lack of use or if
Capitol Technologies believes that you have violated or acted
inconsistently with the letter or spirit of the Terms of
Service. Capitol Technologies may also, in its sole discretion
and at any time, discontinue providing the Service, or any part
thereof, without notice. You agree that any termination of
access to the Service under any provision of the Terms of
Service may be effected without notice, and acknowledge and
agree that Capitol Technologies may immediately deactivate or
delete your account and all related information and files in
your account and/or bar any further access to such files or the
Service. Further, you agree that Capitol Technologies shall not
be liable to you or any third party for any termination of
access to the Service.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, the Service, use of the
Service or access to the Service.
7. PRACTICES REGARDING USE AND STORAGE OF DATA
You agree that Capitol Technologies has no responsibility or
liability for the deletion or failure to store any messages and
other communications or other Content maintained or transmitted
through the Service. You acknowledge that Capitol Technologies
reserves the right to terminate accounts that are inactive for
an extended period of time. You acknowledge and agree that
Capitol Technologies reserves the right to change these general
practices and limits at any time, in its sole discretion, with
or without notice.
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Capitol
Technologies from any loss, liability, claim, demand, damage, or
expenses (including reasonable attorney's fees) asserted by any
third party due to or arising from or in connection with:
(a) the Content you upload,
submit, post, or transmit through the Service;
(b) your use of the Service;
(c) your connection to the Service;
(d) your violation of the Terms of Service, or
(e) your violation of the rights of another.
Capitol Technologies reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by
you, which shall not excuse your indemnity obligations.
9. MERCHANTS
The merchants offered on the Site do not necessarily endorse,
promote or support the services of dvcRequest.
10. MODIFICATIONS TO SERVICE
Capitol Technologies reserves the right at any time and from
time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without
notice. You agree that Capitol Technologies shall not be liable
to you or any third party for any modification to or
discontinuance of the Service.
11. dvcRequest PROPRIETARY RIGHTS
You acknowledge and agree that the Content in the Service or
information presented through the Service by dvcRequest or
dvcRequest merchants is protected by their copyrights,
trademarks, service marks, patents, or other proprietary rights
and laws. The Content received through the Service may be
displayed, reformatted, and printed by you for your personal,
non-commercial use only. You agree not to modify, copy,
reproduce, republish, upload, post, transmit, sell or distribute
in any way the Content available through the Service, including
code and software.
12. EXTERNAL LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites and resources. You acknowledge and
agree that Capitol Technologies is not responsible for the
availability of these outside resources, and does not endorse
and is not responsible for any Content, advertising, products or
other material on or available from such sites or resources. You
further acknowledge and agree that Capitol Technologies shall
not be held responsible or liable, directly or indirectly, for
any loss or damage caused or alleged to have been caused by use
of or reliance on any such Content, goods or services available
on or through any such sites or resources.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. CAPITOL TECHNOLOGIES EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. CAPITOL TECHNOLOGIES MAKES NO WARRANTY THAT (A)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) THE RESULTS
THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR
RELIABLE, (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR (E)
THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. CAPITOL TECHNOLOGIES MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM ITS
THIRD PARTIES OR USERS OF ITS SITE, OR REGARDING ANY
TRANSACTIONS ENTERED INTO THROUGH SUCH THIRD PARTIES OR USERS OF
ITS SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE SERVICE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM CAPITOL TECHNOLOGIES, DVC REQUEST OR THROUGH THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
SERVICE.
14. LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CAPITOL
TECHNOLOGIES OR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED
IN CREATING AND DELIVERING THE SITE OR THE SERVICE OR ANY
PRODUCTS PROVIDED AS PART OF, OR OTHERWISE IN CONNECTION WITH
THE SITE BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT,
EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO
LOSS OF DATA, INCOME OR PROFIT, GOODWILL, LOSS OF OR DAMAGE TO
PROPERTY, OTHER INTANGIBLE LOSSES OR ANY CLAIMS OF THIRD PARTIES
ARISING FROM USE OF THE SITE, EVEN IF CAPITOL TECHNOLOGIES OR
DVCREQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICE
FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES; (C) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (E) STATEMENTS, CONDUCT OR CONTENT OF ANY
THIRD PARTY ON THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO
THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAPITOL
TECHNOLOGIES IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE
FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS. IF
YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE
ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THESE LIMITATIONS MAY NOT APPLY TO YOU.
15. NOTICES
Notices may be provided to you by e-mail or regular mail. The
Service may also provide indirect notice of changes to the Terms
of Service or other matters by displaying notices or links to
notices to you generally on the Service. It is up to you to make
sure dvcRequest has your up to date e-mail address and contact
information.
16. TRADEMARKS
dvcRequest is a trademark of Capitol Technologies and on its
website, it displays trademarks of 3rd parties. You agree that
you will not, without prior written permission, display or use
in any manner the trademarks displayed on the dvcRequest.com
website.
17. COPYRIGHTS AND COPYRIGHT AGENTS
Capitol Technologies respects the intellectual property of
others and we ask our users to do the same. If you believe that
your work has been copied in a way that constitutes copyright
infringement, please contact our agent for notice of claims of
copyright infringement, our Legal Counsel, who can be reached at
Capitol Technologies c/o Legal Counsel, 811 Easy Street, London,
ON N6C 5A2 By phone: (519) 686-7694 By e-mail:
posts@dvcRequest.com. You must provide our Legal Counsel with
the following information, which Capitol Technologies may then
forward to the alleged infringer:
(a) an electronic or physical
signature of the person authorized to act on behalf of the
owner of the copyright interest;
(b) a description of the copyrighted work that you claim has
been infringed;
(c) a description of where the material that you claim is
infringing is located on the site;
(d) your address, telephone number and e-mail address;
(e) 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;
(f) a statement by you, made under penalty of perjury, that
the information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright
owner's behalf.
18. MISCELLANEOUS
The Terms of Service constitute the entire agreement between you
and Capitol Technologies (dvcRequest) and govern your use of the
Service, superseding any prior agreements between you and
Capitol Technologies The Terms of Service and the relationship
between you and Capitol Technologies shall be governed by and
construed in accordance with the laws of the Province of Ontario
without regard to its conflict of law provisions. You and
Capitol Technologies agree to submit to the personal and
exclusive jurisdiction of the courts located in the Province of
Ontario . The failure of Capitol Technologies to exercise or
enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision. If any provision
of the Terms of Service is found by a court of competent
jurisdiction to be invalid, then such provision(s) shall be
construed, as nearly as possible, to reflect the parties'
intentions, and the other provisions of the Terms of Service
shall remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or to the
Terms of Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section
titles in the Terms of Service are for convenience only and have
no legal or contractual effect or significance.
19. VIOLATIONS:
Please report any violations of the Terms of Service to:
Capitol Technologies
c/o Legal Counsel
811 Easy Street, London ON N6C 5A2
By phone: (519) 686-7694
By e-mail:
post@dvcRequest.com
20. REFUNDS
Due to the complexity of banking and
borrowing points, reservations can not be
cancelled.
You may explore the possibilities of adding
Travel Insurance to protect yourself against
unexpected situations. I do not provide this
insurance, but you can obtain obtain a very
reasonable quote
here:
Travel Insurance Quote
|
