Effective Date: February 23, 2023
1. USE OF THE SITE.
You shall abide by all applicable local, state, national and international laws and when using the Site. You represent, warrant, and agree that you shall not use the Site or interact with the Site in a manner that:
- attempts, in any manner, to access data not intended for users of the Site or attempts to gain unauthorized access to an account, server or any other computer system;
- violates the security of any computer network, or cracks any passwords or security encryption code;
- decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information in DCM’s systems or network;
- attempts to interfere with the function of the Site, host or network; or
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of the Site (through use of manual or automated means).
We do not knowingly collect or solicit Personal Information (defined below) from anyone under the age of 16. If you are under 16, please do not access the Site or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 16 we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Information, please contact us at email@example.com.
2. INTELLECTUAL PROPERTY RIGHTS.
Subject certain limitations as described in these Terms, you are granted the right to access the Site, including all of its contents, such as, for example, the text, graphics, photos, articles, images, illustrations, audio and code embodied within Site pages) (“Content”). Content is the property of DCM (or that of our suppliers or licensors) and is protected under trademark, copyright, and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site, and you may not download, print, use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, prepare derivative works from, commercialize or otherwise exploit for any purpose any Content from this Site, in whole or in part, for any public or commercial purpose without prior written consent from DCM.
Subject to these Terms, DCM grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to access the Site, and to use (i.e., to download and display locally) the Content, solely for purposes of using the Site. DCM (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.
DCM is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any DCM Mark. You may not use or exploit any Marks without prior written consent from DCM.
3. EXTERNAL LINKS.
The Site may contain links to third party websites (“Third Party Sites”). Third Party Sites may have their own privacy policies and terms and conditions that are not governed by these Terms. DCM is not responsible for the privacy practices or the content of any website(s) owned and operated by any Third Party Sites. Any links from this website to other websites do not imply DCM’s endorsement of, or association with, any such Third Party Site. DCM is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites. You should carefully read and review the terms and privacy notices of such Third Party Sites to learn about their information collection, use and disclosure practices.
4. PRIVACY NOTICE.
We at DCM know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Notice.
What does this Privacy Notice cover?
This Privacy Notice covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Site. We gather various types of Personal Information from Site visitors, as explained in more detail below, and we use this Personal Information internally, including to provide and improve our services, to contact you and allow other users to contact you, and to analyze how you use the Site. In certain cases, we may also share some Personal Information with third parties, but only as described below.
Where does DCM collect Personal Information from?
What Personal Information does DCM collect?
We receive and store any information you knowingly provide to us. For example, if you submit a form through the “Contact” page, we will collect Personal Information such as your name and email address.
How does DCM use Personal Information it collects?
We use your information to operate, improve, understand, and personalize the Site, and for the following purposes: - To meet or fulfill the reason you provided the information to us. - To communicate with you about the Site, including Site announcements, updates or offers. - To provide support and assistance for the Site. - To personalize website content and communications based on your preferences. - To respond to user inquiries and fulfill user requests. - To improve and develop the Site, including testing, research, and analysis. - To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Site. - To comply with our legal or contractual obligations and resolve disputes. - To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. - For any other business purpose stated when collecting your Personal Information or as otherwise set forth in applicable data privacy laws.
As noted in the list above, we may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers or email you about your use of the Site. Also, we may receive a confirmation when you open an email from us, which helps us improve our services. If you do not want to receive communications from us, please indicate your preference by emailing us at firstname.lastname@example.org.
Will DCM share any of my Personal Information?
We do not rent or sell your Personal Information in personally identifiable form to anyone. However, we may choose to buy or sell assets, and may share and/or transfer account, contact, and other Personal Information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
In some circumstances, we employ other companies and service providers to perform tasks on our behalf and need to share your information with them to provide products or services to you; in such cases, we share Personal Information for the following business purposes:
- Auditing related to a current interaction and concurrent transactions.
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
- Debugging to identify and repair errors that impair existing intended functionality.
- Short-term, transient use of Personal Information that is not used by another party to build a consumer profile or otherwise alter your consumer experience outside the current interaction.
- Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of a service or device that we own, manufacture, was manufactured for us, or control.
We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply this Privacy Notice and other agreements; or protect the rights, property, or safety of DCM, our employees, our users, or others.
We may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Site, so that they, too, can provide you with an optimal online experience.
Is Personal Information about me secure?
We endeavor to protect the privacy of your Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What rights do California residents have?
If you are a California resident, you have the right to request certain information about our collection and use of your Personal Information over the past 12 months. In addition, you have the right to request that we delete the Personal Information that we have collected from you. This right is subject to certain exceptions: for example, we may need to retain your Personal Information to provide you with the Site or complete an action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request. Finally, you have the right to opt-out of sales of your Personal Information, as sales are defined by applicable California law.
To exercise your access and/or deletion rights, please contact us at email@example.com. We do not currently sell your Personal Information so there is no need to contact us to opt out of sales.
Under California Civil Code Sections 1798.83-1798.84, California residents may be entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to firstname.lastname@example.org.
What rights do Nevada residents have?
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.
What choices do I have?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. Some information may remain in our records even if you request deletion of such information from your account. We may use aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
What if I have questions about this Privacy Notice?
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to firstname.lastname@example.org and we will try to resolve your concerns.
5. WARRANTY DISCLAIMER.
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL DCM, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “DCM PARTIES”), BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY DCM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CERTAIN OTHER DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY DCM PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco, California. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. The failure of either you or DCM to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder without DCM’s express written consent. DCM may transfer, assign, or delegate these Terms and DCM’s rights and obligations without consent. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of DCM, and you do not have any authority of any kind to bind DCM in any respect whatsoever. These Terms inure to the benefit of DCM’s successors, assigns and licensees. These Terms are the entire agreement between you and DCM with respect to the subject matter herein.
Notice for California Residents. Under California Civil Code Section 1789.3, California consumers are entitled to the following notice with respect to filing complaints with California’s consumer protection bureau: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
8. CHANGES OR MODIFICATIONS.
DCM reserves the right to change the Site and/or these Terms at any time at our sole discretion without notice or liability to you. If DCM makes material changes to these Terms, we will place a notice on our site located at DCM.com and/or provide notice by some other means. If you use the Site in any way after a change to the Terms is effective, that means you agree to all of the changes.