TERMS OF USE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. This Terms of Use Agreement (this "Agreement") governs the use of the website at http://www.DearGodLetter.com (the "Site"), which is operated and maintained by DG Project LLC ("DG", "we", "us" or "our"). This Agreement incorporates by reference the terms of our Privacy Policy, which may be found at  http://www.DearGodLetter.com/privacy.php.

  • Your use of the Site constitutes your agreement to the terms of this Agreement (including, without limitation, to the terms of our Privacy Policy), as well as to all applicable laws. DG offers access to and the use of the Site only to those persons who accept all of the terms and conditions in this Agreement. If you do not accept all of these terms and conditions, please do not use the Site.

  • DG reserves the right, in its sole discretion and for any or no reason, to modify this Agreement from time to time by posting a revised version on the Site, together with the date of such posting at the bottom of the page. All such changes will be effective immediately upon posting, and each time you use the Site, you agree anew to the terms of this Agreement. Therefore, please review this Agreement regularly. If at any time all of the terms of this Agreement are not acceptable to you, please do not use the Site.

  • Your use of the Site is undertaken solely at your own risk. Please remember to use common sense at all times when using the Site.

Eligibility

Membership in the Site is void where prohibited. In addition, the Site is intended solely for users who are 13 years of age or older, and users of the Site under 18 years of age who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of this Agreement. By using the Site, you represent and warrant (1) as applicable, that you are 13 or older and in high school or college or that you are 18 or older and (2) that you agree to all of the terms and conditions of this Agreement.

Content

All words, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material (collectively, the "Content") used on or incorporated into the Site, and the arrangement or integration of all such Content, is the protected property of DG, is licensed to DG by third parties, or is used pursuant to applicable copyright law. You agree to comply with any copyright or trademark notices and other restrictions contained in any Content available on or accessed through the Site.

DG grants you a limited license to access the Site and to copy any Content for your own personal, noncommercial use. You agree to comply with and keep intact any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Other than as expressly set forth in this Agreement or without our prior written approval, you may not, directly or indirectly:

  • copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part; or

  • use any of the trademarks, trade names or logos that appear on the Site; or

  • make commercial or other unauthorized use by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including, without limitation, the Content; or

  • delete or alter any Content; or

  • take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; or

  • post, transmit or submit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, or other solicitations; or

  • disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way; or

  • impede or interfere with others' use of the Site.

User and Third Party Content

You may post comments, photos, your Dear God Letter(s), and other material in the Blog section of the Site; submit to us your testimonial about the success you have had with your Dear God Letter or Letters; or submit any suggestions, ideas, comments, or questions (collectively, your "Submissions"), provided that 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". We reserve the right to post your Submissions on the Site, but are not obligated to do so. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submissions. We reserve the right (but we do not have any obligation) to remove or edit Content that you post, but we do not regularly review posted Content.

By submitting material to us, you grant:

  1. to DG and its sublicensees:

    1. (a)a nonexclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media whether now known or hereafter developed; and

    2. (b)the irrevocable right to use the name you provide (and your photo, if provided) in connection with your Submissions, but DG shall not have the obligation to do so;

  2. (2) to users of the Site, a limited license to download or copy any Content, including your posted Submissions, for their own personal, noncommercial use.

You represent and warrant that you own or otherwise control all of the rights to your Submissions; that your Submissions are accurate; that neither your Submissions nor our use of them as provided in this Agreement violates or will violate any of the terms of this Agreement or applicable law and will not cause injury to any person or entity; and that you will indemnify, hold harmless and, at DG's option, defend DG and its parent and affiliates and each of their officers, employees, agents, licensees, successors, and assigns from and against any claims arising from your Submissions and our use of them as provided in this Agreement. We may edit or remove any Content, but we take no responsibility and assume no liability for any Content submitted by any third party. DG owns all right, title and interest in any compilation, collective work or other derivative work created by DG using or incorporating Content and/or Submissions.

You may not delete or change your Submissions posted on the Site. However, at our sole discretion, we may delete or change such material upon your request made by email to support@DearGodLetter.com.
 
Intellectual Property Policy

DG respects the intellectual property of others, and we ask our users to do the same. DG has no responsibility for content on other websites that you may find or access when visiting the Site, or that are recommended by other users of the Site. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not the terms of use set forth in this Agreement, govern your use of that material.

If we incorporate information from third party sources into the Site, we will make all reasonable efforts to follow fair use conventions, including giving credit to the source of the information and providing links, when available, to the third party source from which the information was gathered.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe in good faith that any material on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

  2. identification of the copyrighted work or other intellectual property that you claim has been infringed upon;

  3. a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;

  4. your address, telephone number, and email address;

  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

  6. information, if possible, sufficient to permit DG to notify the owner/administrator of the allegedly infringing content; and

  7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright). Notices and counter-notices should be sent to our Copyright Agent:

By mail: By phone: By fax: By email:
DG Project LLC
35 East Main Street
Unit 337
Avon, CT 06001
Attn:  Manager DG Project LLC		 +1 860 651-6859 +1 203 413-4409 Attn:  Manager DG Project LLC support@DearGodLetter.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Privacy

Your use of our site is subject to our Privacy Policy, which may be found at http://www.DearGodLetter.com/privacy.php. By using the Site, you agree that you have read our Privacy Policy, that it is reasonable and acceptable to you, and that you agree to its terms.

Links to Resources and Advertisers

 

The Site provides links to, and may feature, mention, describe or advertise, certain products and services that may be of interest to you. However, unless we expressly state otherwise, we do not endorse in any way these or any other products or services. If you have questions about any product or service you learn about on our Site, please go to the source – namely, the vendor or manufacturer – for additional information.

No Guarantee of Success

We provide this Site and the Content, including Submissions, because we believe that the Law of Attraction can help people. While we are unaware of scientific studies that support it, we have experienced in our own lives what we believe to be its benefits and know many others who attribute positive occurrences in their lives to the Law of Attraction. However, we understand that certain persons may attempt to rely exclusively on the Law of Attraction generally, and this Site specifically, rather than deal directly with certain difficult issues in their lives. We acknowledge here that this Site and the Law of Attraction are no substitute for courage, intelligence, hard work and other personal virtues, and we encourage all of the Site's users not to limit their searches for success to this Site or any of the other manifestations of the Law of Attraction.

In light of the foregoing, DG does not and cannot guarantee that you will obtain the results you desire from using our Site.

Third Party Websites

The Site contains links to websites that are owned and operated by third parties and are unrelated to us. We have no control over and do not make any representations or warranties with respect to any third-party sites you may access through the Site. These links and/or references are provided solely as resources for you and do not constitute an endorsement by us or imply that we recommend, certify or endorse the third-party sites or any content on such sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. Please make your own independent decisions regarding your interactions or communications with any other website.

Emailing List

We anticipate creating an e-mailing list of our users who wish to receive information from us, which might include, for example, announcements of any new Site features and new products or services available through us or our affiliates. You will have the opportunity to opt out of this service when you register to become a member and each time you receive email sent to the members of our e-mailing list. We will not submit your personal information to direct marketers and will use your information only as described in this Agreement or in the Privacy Policy.

Disclaimer of Warranties; Limitation of Liability

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

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT THAT THE 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 BY US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Indemnification

You will indemnify, hold harmless and, at DG's option, defend DG and its parent and affiliates and each of their officers, employees, agents, licensees, successors, and assigns from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, by any third party as a result of your breach of any term of this Agreement, your violation of any law or the rights of a third party, or your use of the Site.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Termination

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.

Applicable Law; Disputes

By visiting the Site, you agree that the laws of the State of Connecticut, without regard to the principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise between you and DG. Any such dispute may be heard only in the federal and state courts in the City of Hartford, State of Connecticut, and you hereby submit to the exclusive jurisdiction and venue of such courts.

Modification of these Terms of Use

DG reserves the right to change the terms, conditions, and notices under which the Site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of the Site.

If you have questions about this Agreement, wish to report any violations of these Terms of Use, or wish to obtain permission to use Content other than as expressly permitted in this Agreement, please contact us at support@DearGodLetter.com.

Last updated as of September 20, 2008.