VPE (Virtual Propane Expo)
DIGITAL SOFTWARE SERVICES LLC and Sponsor reserve the right to discontinue any aspect of the Virtual Event at any time and for any reason.
3. User Account
- A. Creation & Use of User Account. In order to access certain features of the Virtual Event, you may be asked to create a registration account. When creating your account, you agree to provide accurate and complete information. You may never use another user’s account without permission. You are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and to notify DIGITAL SOFTWARE SERVICES LLC immediately of any breach of security or unauthorized use of your account.
- B. Your Liability for Unauthorized Use. You are solely liable for the losses of DIGITAL SOFTWARE SERVICES LLC, Sponsor, other users or third parties due to any unauthorized or prohibited use of your account.
4. General Use of the Website – Permissions and Restrictions
- A. Modification Prohibited. You agree not to modify, copy, reproduce, republish, upload, post, transmit, create derivatives of, or distribute any portion of the Content or another user’s Submissions (each defined below), in any form now known or later created, without the prior express written consent of DIGITAL SOFTWARE SERVICES LLC and/or Sponsor. You agree not to alter or modify any part of the Virtual Event, including, but not limited to, the Platform or any of its related software or technologies.
- B. Unauthorized Access Prohibited. You agree not to access any Content or the Platform through any technology or any means other than through the Virtual Event itself, unless explicitly authorized to access by Sponsor or DIGITAL SOFTWARE SERVICES LLC.
- C. Interference With Security Features Prohibited. You agree not to circumvent, modify, decompile, reverse engineer, disable, override or otherwise interfere with the security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or Content.
- D. Launch of Any Automated System Prohibited. You agree not to use or launch any automated system, including, but not limited to, “robots”, “spiders” or “offline readers” which access the Platform in a manner that sends more request messages to the Platform in a given period of time than a human can reasonably produce in the same period of time by using a conventional on-line web browser, unless you are expressly authorized to use such automated system by DIGITAL SOFTWARE SERVICES LLC. You agree not to transmit material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information.
- E. Prohibited Data Protection. You agree not to collect or harvest any personally identifiable information, including but not limited to account names or e-mail addresses, from the Virtual Event.
- F. Commercial Solicitation Prohibited. You agree not to use the communication systems provided through the Virtual Event (e.g. comments, or E-mail) for any commercial solicitation purposes, unless such use is expressly authorized by the Sponsor.
- G. Prohibited Communications. You agree not to make any sexually explicit, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, discriminatory or abusive statements or to impersonate any other person or entity in connection with your access and use of the Virtual Event.
- H. Lawful Use. You agree to comply with all applicable local, national, and international laws and regulations in your use of the Virtual Event.
5. Use of Content. Content includes, but is not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like made available within the Virtual Event (“Content”). In addition to the general permissions and restrictions above, the following restrictions and conditions apply specifically with respect to Content.
- A. Content Ownership. Content and the trademarks, service marks and logos (“Marks”) are the property of DIGITAL SOFTWARE SERVICES LLC and are protected by domestic and international copyright, trademark laws or other intellectual property laws. No right title or interest in and to the Content or the Marks is transferred to you.
- B. Prohibited Use of Content & Marks. Content and/or Marks may not be downloaded, copied, performed, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, made available, or otherwise exploited for any other purposes whatsoever (including, but not limited to, commercial use), in any other form, without the prior written consent of the respective owner.
- C. Content Provided “As Is.” Content is provided to you “AS IS”. DIGITAL SOFTWARE SERVICES LLC and Sponsor make no warranties or representations to the truth, accuracy, quality, suitability or reliability of the Content. You understand that you may be exposed to submissions, video, graphics, documents, audio, textual content, chat and/or comments (“Submissions”) from third parties, such as other users, advertisers or exhibitors. DIGITAL SOFTWARE SERVICES LLC and Sponsor are not responsible for the accuracy, quality, usefulness, safety, or intellectual property rights of or relating to third party Submissions. Such Submissions may be inaccurate, offensive, indecent, or objectionable. Neither DIGITAL SOFTWARE SERVICES LLC nor the Sponsor in any way endorse, sanction or approve of any Submissions. You hereby waive, any legal or equitable rights or remedies you have or may have against DIGITAL SOFTWARE SERVICES LLC and Sponsor with respect to third party Submissions.
6. Your Submissions and Conduct.
- A. Ownership of Submissions. You retain all of your ownership rights in your Submissions. However, by submitting a Submission to Sponsor and/or DIGITAL SOFTWARE SERVICES LLC, you grant Sponsor and DIGITAL SOFTWARE SERVICES LLC a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable and sub-licensable right to use, reproduce, distribute, prepare derivative works of, display, and perform your Submission in connection with the Virtual Event, and including for promotion and redistributing all or part of the Virtual Event in any format and through any channel.
- B. User Submissions & Confidentiality. You acknowledge that neither the Sponsor nor DIGITAL SOFTWARE SERVICES LLC guarantee any confidentiality with respect to your Submissions.
- C. Liability for your User Submissions. You are solely responsible and liable for Submissions made under your name, user name, email address and/or password. You agree to defend, indemnify and hold DIGITAL SOFTWARE SERVICES LLC, Sponsor, and their respective owners, officers, affiliates and/or licensors harmless from any liability, loss, damage or the like arising out of your Submissions.
- D. Warranty & Infringement. You represent and warrant that you will not submit material which is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sponsor and/or DIGITAL SOFTWARE SERVICES LLC all of the license rights granted herein. As such, by submitting a Submission, you represent and warrant that you own or have the necessary license, right, consent or permission to use, including the right grant to Sponsor and/or DIGITAL SOFTWARE SERVICES LLC the rights specified hereunder including all applicable patent, trademark, trade secret, copyright or other proprietary rights in and to such Submission.
- E. Prohibited Offensive User Submissions. You agree not to post Submissions which are sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, discriminatory or abusive.
8. Digital Millennium Copyright Act. If you are a copyright owner, or an agent thereof, and believe that a Submission or Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent written notice. DIGITAL SOFTWARE SERVICES LLC’s designated Copyright Agent to receive notifications of claimed infringement is: Attn: Legal Department, DIGITAL SOFTWARE SERVICES LLC, 770 N Halsted, Ste. 6S Chicago, IL 60622.
9. Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE VIRTUAL EVENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITAL SOFTWARE SERVICES LLC, SPONSOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE VIRTUAL EVENT AND YOUR USE THEREOF. DIGITAL SOFTWARE SERVICES LLC AND SPONSOR MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE VIRTUAL EVENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR PLATFORM, (II) PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE VIRTUAL EVENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE VIRTUAL EVENT OR INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF THE VIRTUAL EVENT, OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE VIRTUAL EVENT BY ANY THIRD PARTY.
NEITHER DIGITAL SOFTWARE SERVICES LLC NOR SPONSOR WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE VIRTUAL EVENT OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. NEITHER DIGITAL SOFTWARE SERVICES LLC NOR SPONSOR WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR FOR ERRORS OR ISSUES IN ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY.
10. Limitation of Liability. IN NO EVENT SHALL DIGITAL SOFTWARE SERVICES LLC, SPONSOR, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR OR ANY USER’S USE OF OR ACCESS TO THE VIRTUAL EVENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT DIGITAL SOFTWARE SERVICES LLC AND SPONSOR SHALL NOT BE LIABLE FOR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
14. Statute of Limitations. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VIRTUAL EVENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.