DTP Express Web Site Agreement
Terms & Conditions of Use

Please read these terms carefully prior to using the DTP Express web site.

By using this site, you indicate your acceptance of the terms below. If you do not accept or agree to these terms, do not use the site. DTP Express may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the web site shall be deemed your conclusive acceptance of the modified agreement.

The DTP Express Web Site and the Asian-Am Marketplace Directory (the "Web Site") is an online information service provided by DTP Express, subject to your compliance with the terms and conditions set forth below.


USE OF MATERIALS RESTRICTIONS

Permission to use documents and related graphics available from this Web Site is granted, provided that:

  1. The below copyright notice appears in all copies and that both the copyright notice and this permission notice appear;

  2. Use of documents and related graphics available from this Server is for informational and personal, non-commercial home use only;

  3. No documents or related graphics available from this Server are modified in any way; and

  4. No graphics available from this Server are used separate from accompanying text.

    Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of DTP Express.

    In the event you download software from the Web Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively referred to as "Software") are licensed to you by DTP Express, subject to the terms of these Legal Notices & Conditions of Use. DTP Express does not transfer any rights, title or interest to the Software to you which is retained by DTP Express. You may not redistribute, sell, decompile, reverse engineer or disassemble the Software.

    Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting DTP Express products available in the United States. This site is controlled and operated by DTP Express from its offices within the State of California, United States of America. DTP Express makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls.

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    RESTRICTED RIGHTS LEGEND

    Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

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    SUBMISSIONS POLICY

    Any information provided to DTP Express shall be provided by the submitter and received by DTP Express on a non-confidential basis. DTP Express shall be free to use such information on an unrestricted basis. All submissions, comments, ideas, and correspondence become the property of DTP Express. You agree to grant to DTP Express a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit by all means and in any media now known or hereafter developed. You also grant to DTP Express the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against DTP Express for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

    DTP Express cannot and does not screen content provided by users of the web site. Notwithstanding the foregoing, DTP Express reserves the right to monitor content on the web site and to remove content which DTP Express, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

    1. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.

    2. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

    3. You may not interfere with other users use of the web site.

    4. You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.

    5. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the web site's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, DTP Express reserves the right to take such action as it deems appropriate in cases where the web site is used to disseminate statements which are deeply and widely offensive and/or harmful.

    6. You may not use the facilities and capabilities of the web site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.

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      LIMITATION OF WARRANTY AND DISCLAIMERS

      In no event shall DTP Express be liable for any damages whatsoever, and in particular DTP Express shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any DTP Express Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. You also understand that DTP Express cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the web site for the reconstruction of any lost data.

      You assume total responsibility and risk for your use of the Web Site and the Internet. DTP Express does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Web Site, any merchandise, information or service provided through the Web Site or on the Internet generally, and DTP Express shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advise, services, merchandise and other information provided through the Web Site or on the Internet generally. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

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      CONTENT AND LIABILITY DISCLAIMER

      DTP Express shall not be responsible for any errors or omissions contained at this Web Site, and does not warrant that defects in the web site will be corrected. DTP Express reserves the right to make changes without notice and disclaims any responsibility for providing notice of such changes. In addition, DTP Express has no liability to make changes to existing product(s) and /or content. DTP Express does not warrant that the web site will be uninterrupted. Accordingly, all DTP Express and third party information is provided on an "AS IS, AS AVAILABLE" basis without warranties OF ANY KIND.

      In no event will DTP Express be liable for (1) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use or of inability to use the web site, or any information, or transactions provided on the web site or downloaded from the web site, even if DTP Express or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the web site.

      Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, DTP Express' liability is limited to the greatest extent permitted by law.

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      INDEMNIFICATION

      You agree to indemnify, defend and hold harmless DTP Express, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the web site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your submissions to the web site (including negligent or wrongful conduct).

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      AD PLACEMENT POLICY

      DTP Express is not responsible for typographical errors or errors in publication except to the extent of the cost of the first insertion. No liability will arise through the omission for any cause of any ad or legal notice. You are cautioned to check the site to ascertain if your ad is published on the proper dates and in the proper form.

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      ADDITIONAL INFORMATION

      This Agreement shall all be governed and construed in accordance with the laws of the State of California, United States of America. You agree that any legal action or proceeding between DTP Express and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. DTP Express's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. DTP Express may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision or portion of this Conditions of Use shall be invalid or unenforceable for any reason, it is understood and agreed that such invalidity or unenforceability of any provision or portion of the Conditions of Use shall not affect the validity or enforceability of the other provisions or portions of this Conditions of Use.

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      COPYRIGHT NOTICE. Copyright 1996-2007 DTP Express and/or its suppliers. All rights reserved.

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      TRADEMARKS. Microsoft and Windows are registered trademarks of Microsoft Corporation. Other product and company names mentioned herein are the trademarks of their respective owners.

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