Conditions of Use

Last updated on March 31, 2008.

Welcome to decipher.com. Together with our affiliates (which specifically includes licensors), we provide our services to you subject to the following conditions. If you visit or shop at Decipher.com, you accept these conditions. Please read them carefully. If you do not agree to these Conditions of Use, please refrain from using this site.

When you use any of our current or future services or visit or purchase from any business affiliated with us, you also will be subject to the guidelines and conditions applicable to such service or business.

These Conditions of Use and any other policies or operating rules for this site constitute the entire agreement between us and you with respect to your access to and use of this site and any third-party site accessed through this site. The right to use this site is personal to you (which jointly and severally includes your employer, where applicable) and is not transferable to any other person or entity.

LICENSE AND SITE ACCESS

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant, individual or organization; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this site or our affiliates without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the site's name, copyrights or trademarks without our express written consent. Any unauthorized use terminates the permission and license we grant to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray this site, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos, copyrighted materials, or other proprietary graphics or trademarks as part of the link without express written permission.

While it is our objective to make the site and servers accessible 24 hours a day, 7 days a week, service interruptions can happen. You understand and acknowledge that due to circumstances both within and outside of our control, including without limitation, routine maintenance, access to the site may be interrupted, suspended or terminated from time to time. We shall not be responsible for any data lost while using this site or while you are transmitting or storing information on the Internet.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy (which is incorporated herein by reference). These policies also govern your visit to this site.

We reserve the right to make any changes to our site, policies, and Conditions of Use at any time without prior notice. Any such additions, deletions, or modifications shall be effective upon posting. We suggest that you read these Conditions of Use and our other policies from time to time in order to stay informed as to any such changes. We will place revision dates at the top of these pages, so you can easily identify when changes occur. When we make changes, and you continue to use our site, you are agreeing to the current policies and Conditions of Use.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This site may sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use this site only with involvement of a parent or guardian. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

ELECTRONIC COMMUNICATIONS

When you visit this site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US OR OUR AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OUR SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

TRADEMARKS

"Decipher," "decipher.com," "Fight Klub," and other graphics, logos, page headers, button icons, scripts, trade names, and service names incorporated in this site are our trademarks, registered trademarks or trade dress or the trademarks, registered trademarks or trade dress of our affiliates in the U.S. and/or other countries. All rights are hereby expressly reserved.

Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits this site, our company, or our products or services.

All other trademarks not owned by us or our affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Trademarks that are located on this site shall not be deemed to be in the public domain but rather the exclusive property of us or their respective owner.

COPYRIGHTS

All materials incorporated in or accessible through this site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, digital downloads (via the site, email or otherwise), software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this site), are protected by United States and international copyright laws, and are owned or controlled by us. The compilation of all content on this site is our exclusive property and is protected by U.S. and international copyright laws. All software used on this site is our property, or the property of our software suppliers, and is protected by United States and international copyright laws.

Such materials may be used as a resource for purchasing the products offered through this site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, linking, deep linking, posting, performance, or other exploitation thereof by any means or medium without our prior express written permission is strictly prohibited.

Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and / or criminal penalties. Except as otherwise expressly stated under copyright law, in the event of any permitted use of such materials, in whole or in part, including, without limitation, any copying, reproduction, redistribution, republication, retransmission, downloading, display, commercial exploitation thereof, you will make no derivative works, nor make any changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

You shall not upload, post or otherwise make available on this site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public or private area of this site, you warrant that the owner of such material has expressly granted Decipher Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant us the right to edit, copy, publish and distribute any material you make available on this site.

The foregoing provisions apply equally to and are for the benefit of us, our subsidiaries, affiliates and third party content providers and each shall have the right to assert and enforce such provisions directly or on its own behalf.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow this Notice and Procedure for Making Claims of Copyright Infringement:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed.

Our Copyright Agent for notice of claims of copyright infringement on this site can be reached as follows:

PATENTS

One or more patents may apply to this site and to the features and services accessible via the site, including without limitation: U.S. Patents and all corresponding foreign counterparts.

EQUIPMENT

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this site and all charges related thereto. We shall not be liable for any damages to your equipment resulting from the use of this site.

RISK OF LOSS

Where physical shipments are involved, items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Where online certificates are involved, we will not replace any such certificate that is lost or stolen.

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described accurately, your sole remedy is to return a physical product in unused condition for a full refund of the purchase price (including shipping at the invoiced amount) or destroy a digital object downloaded, emailed, and/or printed, and supply a written statement by you, made under penalty of perjury, that the digital object and any printed copies of the product purchased, have been destroyed, and recieve a full refund of the purchase price.

PURCHASES

If you wish to purchase products or services described in this site, you may be asked to supply certain information, including credit card or other payment information either directly with us or through services, including, but not limted to PayPal, Google Checkout, and Amazon Flexible Payment Service, or other services from time to time. By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree to pay all charges (including shipping and handling charges, if any) incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.

Data about the activity of visitors to this site is recorded in web logs, etc. and, as long as your identity is not revealed, we may use such data or disclose information about your demographics and use of the site. Email addresses, postal addresses, or telephone numbers and other personally identifying data about you is known only when voluntarily submitted or posted to this site. Our use of such personally identifying information includes, but is not limited to sending communications to you regarding orders placed, communicating advance notice of events and new products and services, and selling and marketing products and service to you.

We reserves the right to refuse any order for any reason. Orders may be delayed or canceled if we are not given completely accurate information and/or we are unable to contact you for any reason.

Check the terms and conditions of each product prior to purchase. This is especially true for limited-edition products.

COMMUNITY

You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, we and other users may read your communications without your knowledge. We do not control or endorse the content, messages or information found in any Community, and, therefore, we specifically disclaims any liability concerning the Communities and any actions resulting from your or other users participation in any Community, including any objectionable content. Generally, any communication which you posts to this site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by us as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the site, you grant us the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see our Privacy Policy.

THIRD PARTY CONTENT

Similar to an Internet Service Provider, (and not a publisher) we are a distributor of content supplied by third parties and users. Accordingly, we have no more editorial control over such content than does a public library. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other users, are those of the respective author(s) or distributors. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. While we will take steps to delete objectionable content when it is brought to our attention, any monitoring we do of Communities and/or content is by courtesy (many times by volunteers) and does not create an implied or actual legal obligation or liability on our part for such content or use.

In many cases, the content available through this site represents the opinions and judgments of the respective information provider or user. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on or through this site by anyone other than our authorized employees or paid spokespersons while acting in official capacities. Under no circumstances will we be liable for any loss or damage caused by a user's reliance on information obtained through this site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through this site.

This site contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party sites and we hereby expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Unless you have executed a written agreement with us expressly permitting you to do so, you may not provide a hyperlink to the site from any other website. We reserve the right to revoke our consent to any link at any time in our sole discretion.

PRIVATE PROPERTY

This site is private property. Although we welcome and encourage user interaction on our site, we require that all your activity in connection with the use of the site be lawful.

You shall not post or transmit through this site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior written approval, contains advertising or any solicitation with respect to products or services.

Any conduct by you that in our sole and exclusive discretion restricts or inhibits any other user from using or enjoying this site is strictly prohibited. You shall not use this site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with our products and services.

The foregoing provisions apply equally to and are for the benefit of us, our subsidiaries, affiliates and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

MONITORING

We shall have the right, but not the obligation, to monitor the content of the site at all times, including but not limited to, any chat rooms and forums that may hereinafter be included as part of the site, to determine compliance with the Conditions of Use and any operating rules established by us, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any material that, in our sole discretion, we find to be in violation of the provisions hereof or otherwise objectionable.

LICENSE GRANT

By posting communications on or through this site, you shall be deemed to have granted to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

INDEMNIFICATION

You agrees to defend, indemnify and hold harmless us, our affiliates and our respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this site and/or products purchased on this site.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content. You agree that we do not have an obligation to regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and our affiliates for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

PRICING

With respect to items sold by us, we do NOT charge your credit card for a physical product until after your order has entered the shipping process, except for subscriptions which may be charged at the time you purchase the subscription. We do NOT charge your credit card for a digital object until just before you are granted access to the digital object in the form of a download or an email is sent containing access.

TERMINATION

We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to immediately terminate any of your passwords or accounts in the event of any of your conduct which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this Agreement.

DISPUTES

Any dispute relating in any way to your visit to this site or to products you purchase through this site shall be submitted to confidential arbitration in Norfolk, Virginia, except that, to the extent you have in any manner violated or threatened to violate intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

APPLICABLE LAW

By visiting this site, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use, policies and product purchases and any dispute of any sort that might arise between you and us or our affiliates.

MISCELLANEOUS

The section headings used herein are for convenience only and shall be of no legal force or effect.

No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

OUR ADDRESS