TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The www.http://departed.co/ website (the “Website” or departed.co”) is provided by Departed , LLC, (“Departed ”) for your personal, non-commercial enjoyment, subject to these terms and conditions of use (“Terms and Conditions”). By using this Website, you are deemed to have agreed to these Terms and Conditions. Departed may modify these terms and conditions or add to them, at any time by posting a change notice on the Website. In the event of material substantive changes to these Terms and Conditions, you may be notified by email. If any term of these Terms and Conditions as modified is unacceptable to you, your recourse is to not use the Website. Your continued use of the Website following posting of a change notice or new Terms and Conditions on the Website will constitute binding acceptance of the changes whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, you are instructed not to use this Website.
This Website and any communications service, chat room, message board, newsgroup, or other interactive service that may be made available to you on or through this Website (the “Services”) are provided to you solely for entertainment purposes. By using the Website and Services you represent and acknowledge that you are at least 18 years old and you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Departed reserves the right to terminate your account and refuse to you any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Website or Services to:
Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), that is, in the sole discretion of Departed , unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful;
“Stalk” another person;
Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Harm or improperly influence minors in any way;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Duplicate or spoof headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
Upload, post, publish, email, reproduce, distribute 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);
Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are expressly designated for solicitation, provided that even in those areas where advertising and promotional materials may be allowed (if at all), you shall not upload, post, email or otherwise transmit “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of improper solicitation;
Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains malicious code, software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of or gain unauthorized access to any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
Conduct yourself in a manner that interferes with other users’ ability to use the Website or Services;
Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, registering multiple accounts under the same or different names;
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; or
Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Website or the Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website including, without limitation, for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Departed may pre-screen, monitor, review or edit the Content posted by users. You further acknowledge that Departed and its designees also have the right (but not the obligation) in their sole discretion to refuse or remove any Content, Advertising, in whole or part, that in Departed ’s sole judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Departed is not responsible for any failure, non-failure or delay in removing such Content.
You acknowledge and agree that Departed may preserve Content and may also disclose Content to third parties, including, without limitation, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Departed , its users and the public.
You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Departed assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to Departed or to the Website.
Any or all Content on the Website may be purged periodically in Departed ’s sole discretion. You acknowledge and agree that you view or post Content at your own discretion and risk, including the risk of any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Departed or submitted to Departed . You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of Departed , and Departed does not support or endorse any Content posted by you or any user.
Departed may suspend or terminate your use of the Website or of the Services if it believes, in its sole and absolute discretion, that you have breached a term of these Terms and Conditions. Notwithstanding the preceding sentence, Departed ’s rights, privileges and reservations of rights under these Terms and Conditions survive indefinitely unless and until Departed chooses to terminate or modify them. If you or Departed terminates your use of the Website or of the Services, Departed may delete any Content or other materials relating to your use of the Services on Departed ’s servers or otherwise in its possession and Departed will have no liability to you or any third party for doing so.
The contents of these webpages are protected by U.S. copyright laws. In using the Website, you may not remove or alter any trademark, copyright, or other proprietary notice. Unless otherwise expressly permitted, you may not otherwise copy, modify, or distribute Content.
As part of the Services, Departed provides users (“Participants”) with the ability to create and post certain content to the Website.
As part of your participation in the Services on the Website, and if you elect to post content to the Website, you will be required to choose a username and password. You are responsible for maintaining the confidentiality of your password. You are responsible for all usage or activity on the Website through your password, including use of your Departed password by any third party. You agree to notify Departed of any known or suspected unauthorized use of your username or password, or any known or suspected breach of the Website’s security. Your account is unique to you and may not be transferred to any other party. You may terminate your account at any time by sending your request toor by any other online form or method made available by Departed . Departed may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of these Terms and Conditions.
The Services are provided free of charge to qualified Users. Departed reserves the right to determine and modify qualification criteria. Users must complete the on-line registration form. Acceptance of registration is at Departed ’s sole discretion. Departed may cancel your account at any time for any reason. If these Terms and Conditions or any future changes are unacceptable to you, or cause you to no longer be in compliance with these Terms and Conditions, you may cancel your account.
RESTRICTIONS ON USE OF MATERIAL
You acknowledge that Departed owns all right, title and interest in and to the Services, including all intellectual property rights (the “Departed Rights”). Departed Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services. As described immediately below, Departed Rights do not include third-party content used as part of the Services, including the content of communications appearing on the Services.
User Intellectual Property Rights. Departed claims an ownership interest in all content you submit or make available for inclusion on the Website. Accordingly, by using the Website, you or a third party licensor, as the case may be, hereby relinquish any and all patent, trademark and copyright rights in any Content you submit, post or display on or through Departed ’ Services or Website and you are responsible for protecting those rights, as the case may be. By uploading, posting, publishing, emailing, reproducing, distributing or otherwise transmitting any Content or submitting or sending questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information or material to Departed , you grant Departed a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, including but not limited to the use for marketing and other promotional purposes. You also waive, or warrant as waived as to any third party, any “moral rights” in posted materials. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You may choose to submit, post, and display any Content or materials on or through the Departed Services or the Website under a public license (e.g., a Creative Commons license). If no such public license exists, any third-party wishing to use non-Departed Content appearing on the Website must contact the copyright owner of such materials. For avoidance of doubt, Departed is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Departed may, in its sole discretion, choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
You may be able to link to third parties’ websites from the Website (“Linked Sites”). Linked Sites are not, however, reviewed, controlled, or examined by Departed in any way and Departed is not responsible for the services, content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Departed ’ endorsement of or association with the Linked Sites. Compliance with the applicable terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon is your sole responsibility. In no event shall Departed be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to any Liked Site’s administrator or Webmaster. Departed reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Other sites may link to the Website only through a plain-text link. Permission must be granted by us for any other type of link to Departed . To seek our permission, you may write or email Departed . We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Website, at our discretion at any time.
INTELLECTUAL PROPERTY RIGHTS
As between Departed and you, you agree that Departed is the sole owner of all content on the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website or any portion of it for any purpose. You may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. We urge you to read our Intellectual Property Rights Policy at:[http://www.damn.com/static/privacy-policy]
This Website is not intended to be a children’s site, and therefore some of the available Content may not be appropriate for children. Only persons ages 18 or older who comply with these Terms and Conditions are eligible to use this Website. No parental permissions are granted herein. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Departed SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEBSITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (a) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (b) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. Departed DOES NOT WARRANT OR GUARANTEE (i) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (ii) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. Departed ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THESE PAGES IS ACCURATE, COMPLETE, OR CURRENT.
Departed DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE. YOU (AND NOT Departed OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW OR MAY LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FULL EXTENT OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL Departed , ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF Departed OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Departed ’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
By agreeing to use the Website, to the fullest extent permitted by law you agree to defend, indemnify and hold Departed , its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you.
COPYRIGHTS AND COPYRIGHT AGENT
Digital Millennium Copyright Act Compliance
If you believe that any materials posted on this website by others infringe on the copyrights of another party, please contact us. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. Please send a written notice describing the infringement to our designated agent at the following address:
Departed LLC[1401 Ocean Avenue 4J] [Brooklyn, NY 11230]
Your notice must include the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site;
Identification of the allegedly infringing material on the Departed Website, and information reasonably sufficient to permit us to locate such material on our Website;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an e-mail address;
A statement that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
APPLICABLE LAWS / JURISDICTION
You agree that the laws of the State of New York, without regard to its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that jurisdiction for any claim or dispute with Departed or relating in any way to your use of the Website resides, at the discretion of Departed (which may in its sole discretion choose to initiate or prosecute a claim in any forum), in the state and federal courts in the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute, including without limitation any claim involving Departed or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate, compliant with law or available for use in other jurisdictions. Persons who choose to access this Website from other locations do so at their own risk on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these Terms and Conditions of use should be directed to
All notices required or permitted to be given under these Terms and Conditions will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) a recognized overnight courier service (i.e., Federal Express, U.P.S.), or (iii) electronic mail. If you give notice to Departed , you must use the following addresses: Departed , LLC c/o Goetz Fitzpatrick LLP, One Penn Plaza, Ste. 4401, New York, New York 10119, Attn: Joel G. MacMull, Esq. and If Departed provides notice to you, it will use the contact information provided by you to Departed . All notices will be deemed received as follows: (i) if by delivery by U.S. mail, ten (10) business days after dispatch, (ii) if by overnight delivery service, on the date receipt is confirmed by such delivery service, or (iii) if by electronic mail, twenty four (24) hours after the message was sent if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement with respect to any notice required to be given by Departed .
All contents of the Services and any other service provided hereunder are © 2009-2012 Departed , LLC or its licensors.
All rights reserved. Departed , LLC, and DAMN.COM are trademarks of Departed , LLC. You acknowledge that you do not acquire any right, title or interest therein under these Terms or Conditions or otherwise. All other trademarks are the property of their respective trademark holders. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing in Departed materials without express written consent from the respective copyright or trademark owner.
Copyright © 2009-2014 Departed , LLC. All rights reserved.
Effective Date: January 25, 2013
Last updated: February 7, 2014