EL DEFENSOR CHIEFTAIN
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
EL DEFENSOR CHIEFTAIN offers DCHIEFTAIN.COM web site (the "Web Site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site. By using the Web Site, you signify your assent to these Terms and Conditions and any subsequent modifications. EL DEFENSOR CHIEFTAIN may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site as they are binding upon you.
Personal and Noncommercial Use
The DCHIEFTAIN.COM site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to EL DEFENSOR CHIEFTAIN that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Contributing Content to DCHIEFTAIN.COM
All users are encouraged to contribute information and pictures to DCHIEFTAIN.COM. All contributions will be accepted for publication on the Web site provided they adhere to these rules:
1. You agree to not knowingly submit any false, defamatory, abusive, obscene, threatening, racially offensive, sexually explicit or illegal material to the Web site.
2. In posting comments on the contributions of others, you agree not to harass other participants.
3. You may not submit information that is libelous or defamatory or that discloses private or personal matters concerning any person.
4. You may not post information or links that are obscene or pornographic.
5. You may not contribute information or pictures that violate the property rights of others, including unauthorized copyrighted test, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
6. Content contributions solely focused on the promotion of commercial events or businesses are not permitted.
7. You assert that the information and pictures you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. You also grant EL DEFENSOR CHIEFTAIN an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form.
EL DEFENSOR CHIEFTAIN does not endorse and is not responsible for any statement, opinion, advice given or made in discussion forums. Your use of the DCHIEFTAIN.COM discussion forums is at your own risk.
EL DEFENSOR CHIEFTAIN does not intend to engage in any prior review of notes posted to discussion areas, but it reserves the right in its sole discretion and for any reason to delete or redirect any information or other content posted to DCHIEFTAIN.COM (including posts to discussion areas), regardless of whether the information or other content violates the rules for content described in above policies. Further, EL DEFENSOR CHIEFTAIN reserves the right to limit or terminate service to participants who violate the terms of this Agreement.
In no event will EL DEFENSOR CHIEFTAIN be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the DCHIEFTAIN.COM discussion forums, or any information or services provided on DCHIEFTAIN.COM, even if EL DEFENSOR CHIEFTAIN has been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on DCHIEFTAIN.COM.
EL DEFENSOR CHIEFTAIN is not responsible for censoring or monitoring postings but it reserves the right to enforce the policies outlined in this document, and reserves the right to move or remove notes at its sole discretion and without explanation.
EL DEFENSOR CHIEFTAIN retains full copyright ownership, rights and protection in all material contained on DCHIEFTAIN.COM, including but not limited to material submitted by community contributors. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Web Site. You may, however make single copies of materials displayed on DCHIEFTAIN.COM for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from EL DEFENSOR CHIEFTAIN or the copyright owner of the copied material.
None of the material contained on DCHIEFTAIN.COM may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of EL DEFENSOR CHIEFTAIN. All content of DCHIEFTAIN.COM is Copyright EL DEFENSOR CHIEFTAIN. All rights reserved.
Disclaimer of Warranties
Neither EL DEFENSOR CHIEFTAIN nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. If your use of DCHIEFTAIN.COM results in the need for servicing or replacing property, material, equipment or data, EL DEFENSOR CHIEFTAIN is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of EL DEFENSOR CHIEFTAIN. EL DEFENSOR CHIEFTAIN reserves the right to change or discontinue at any time any aspect or feature of the Web Site. EL DEFENSOR CHIEFTAIN does not assume any liability for the contents of any material provided on DCHIEFTAIN.COM. Reliance on any information presented on the Web Site, other than that which you provided, is at your own risk. EL DEFENSOR CHIEFTAIN reserves the right to change or discontinue any aspect or feature of the Web Site at any time.
You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of EL DEFENSOR CHIEFTAIN. Accordingly, EL DEFENSOR CHIEFTAIN assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON DCHIEFTAIN.COM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EL DEFENSOR CHIEFTAIN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR EL DEFENSOR CHIEFTAIN SERVICES.
Limitation of Liability
IN NO EVENT SHALL EL DEFENSOR CHIEFTAIN OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE DCHIEFTAIN.COM OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EL DEFENSOR CHIEFTAIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EL DEFENSOR CHIEFTAIN SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
You agree to defend, indemnify and hold EL DEFENSOR CHIEFTAIN, its officers, directors, employees and agents, content contributors, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of DCHIEFTAIN.COM in a manner that violates or is alleged to violate these Terms and Conditions. EL DEFENSOR CHIEFTAIN shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
DCHIEFTAIN.COM may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by EL DEFENSOR CHIEFTAIN of the sites, but is for your reference and convenience only. EL DEFENSOR CHIEFTAIN has not reviewed all of the sites linked to the Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to EL DEFENSOR CHIEFTAIN. Nor does EL DEFENSOR CHIEFTAIN recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Web Site. Visiting off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.
DCHIEFTAIN.COM also contains advertisements by third parties. Unless otherwise specifically stated on the Web Site, EL DEFENSOR CHIEFTAIN does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Web Site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on DCHIEFTAIN.COM, provided that the hyperlink accurately describes the content as it appears on the Web Site. EL DEFENSOR CHIEFTAIN reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of DCHIEFTAIN.COM to a server, except as part of an Internet service provider's incidental caching of pages. Each page within DCHIEFTAIN.COM must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within DCHIEFTAIN.COM.
You agree that EL DEFENSOR CHIEFTAIN may terminate your use of the Web Site, if EL DEFENSOR CHIEFTAIN reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of EL DEFENSOR CHIEFTAIN or any third party, or for any reason with or without notice to you. You agree that EL DEFENSOR CHIEFTAIN may modify or discontinue DCHIEFTAIN.COM, with or without notice to you. You agree that EL DEFENSOR CHIEFTAIN will not be liable to you or any third party as a result of such modification or discontinuation.
The provisions entitled "Your Submissions," "Disclaimer of Warranties," "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.
You expressly agree that exclusive jurisdiction for any dispute with EL DEFENSOR CHIEFTAIN, or in any way relating to your use of DCHIEFTAIN.COM ("Legal Action"), resides in the courts of NEW MEXICO. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of NEW MEXICO in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court. These Terms and Conditions are governed by the internal substantive laws of the State of New Mexico, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to DCHIEFTAIN.COM must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
EL DEFENSOR CHIEFTAIN may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on DCHIEFTAIN.COM, or by written communication delivered by first class U.S. mail to your address on record in DCHIEFTAIN.COM’s account information. You may give notice to Joe Mickelson of NUMBER NINE MEDIA INC at any time via electronic mail to (jmickelson AT numberninemediainc.com) or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Number Nine Media, INC
DBA: EL DEFENSOR CHIEFTAIN
Attn: Joe Mickelson Publisher
1837 Camino del Llano
Belen, New Mexico 87002
Copyright © 2015 EL DEFENSOR CHIEFTAIN