Home — Terms of Service
Last Updated: 05/01/2023.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
This Agreement (the “Terms”) is a legal agreement between you and Duskett Media, LLC (hereinafter “Duskett Media”), a company duly organized and validly existing, located at 10623 W Goldenrod Ave, Boise, Idaho 83713. This Agreement annuls and voids all previous agreements.
Duskett Media operates the Site (duskett.com). Throughout the Site, the terms “we,” “us,” and “our” refer to Duskett Media. Duskett Media offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site after posting any changes constitutes acceptance of those changes.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose, nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will immediately terminate your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
You agree that we will not be liable to you or any third party for taking any of these actions.
When you create an account with us, you are registered on the Duskett Media Site. The terms “member,” “membership,” and “account” all refer to this registration as a member on Duskett Media’s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
Upon creating an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility, it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Duskett Media is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe someone has used your username, email, or password without authorization.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
Furthermore, the registering party hereby acknowledges, understands, and agrees to:
Suppose anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature. In that case, Duskett Media, LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement and, as such, refuse any and all current or future use of Duskett Media, LLC Services or any portion thereof.
As a user or member of the Site, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by Duskett Media Services. As such, we do not guarantee such content’s accuracy, integrity, or quality. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by Duskett Media.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use the Site, or access the Site or any contact on the Site, without our express written permission.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Duskett Media content is not for resale. Use of the Site does not entitle users to make any unauthorized use of material to be protected. Such information and/or material use is subject to usage guidelines and restrictions established by Duskett Media, LLC or any other content providers supplying content services to Duskett Media, LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services.
Furthermore, you agree not to make use of Duskett Media, LLC’s Services for the purpose of:
Duskett Media, LLC herein reserves the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users, and/or members.
Duskett Media, LLC reserves the right to access, preserve, and/or disclose member account information and/or content if required by law or based on a good faith belief that such action is necessary to protect the material. The use of information and/or material is subject to usage guidelines and regulations established by Duskett Media, LLC or any other content providers supplying content services to Duskett Media, LLC. You are strictly prohibited from attempting to override or circumvent any of the embedded usage rules in our Services. Moreover, unauthorized reproduction, publication, distribution, or exhibition of any information or materials provided by our Services, whether in whole or in part, is explicitly forbidden.
Due to the internet’s global nature, through our network, you hereby agree to comply with all local rules relating to online conduct and what is considered acceptable content. Uploading, posting, and/or transferring software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
Duskett Media, LLC shall not claim ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Duskett Media, LLC, the below-listed worldwide, royalty-free, and non-exclusive licenses, as applicable:
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Duskett Media, LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Duskett Media, LLC, or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources. As such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Duskett Media, LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or alleged to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Duskett Media, LLC’s Services and any essential software that may be used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Duskett Media, LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Duskett Media, LLC Services (e.g., content or software), in whole or part.
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT DUSKETT MEDIA, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM:
In the event you have a dispute, you agree to release Duskett Media, LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Duskett Media, LLC may provide you with notices regarding any changes to the Terms through various means such as email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or developed in the future. If you violate any aspects of the Terms by accessing our Services in an unauthorized manner, you may not receive these notices. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You acknowledge, understand, and agree that all Duskett Media, LLC trademarks, copyright, trade name, service marks, and other Duskett Media, LLC logos and any brand features and/or product and service names are trademarks and shall remain the property of Duskett Media, LLC. You agree not to display and/or use in any manner the Duskett Media, LLC logo or marks without obtaining Duskett Media, LLC’s prior written consent.
Duskett Media, LLC will always respect the intellectual property of others, and we ask that all of our users do the same. In appropriate circumstances and at its sole discretion, Duskett Media, LLC may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you believe that your work has been duplicated in a way that constitutes copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us with the following information:
The Duskett Media, LLC agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Duskett Media, LLC
Attn: Copyright Agent
10623 W Goldenrod Ave
Boise, Idaho 83713
Telephone: +1 (208) 906-6495
Email: hello@duskett.com
This Agreement constitutes the entire agreement between you and Duskett Media, LLC. It governs the use of our Services, superseding any prior versions of this Agreement between you and us with respect to Duskett Media, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Duskett Media, LLC Services, affiliate Services, third-party content, or third-party software.
Both you and Duskett Media, LLC agree that the relationship between the parties shall be governed by the laws of the state of Idaho without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes arising out of or relating to the Agreement or the relationship between you and Duskett Media, LLC shall be filed within the courts having jurisdiction within the County of Ada, Idaho or the U.S. District Court located in said state. You and Duskett Media, LLC agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to exercising jurisdiction over the parties by such courts and to the venue in such courts.
Should Duskett Media, LLC fail to exercise or enforce any right or provision of the Agreement at any time, such failure shall not constitute a waiver of such right or provision. Suppose any provision of this Agreement is found by a court of competent jurisdiction to be invalid. In that case, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
You acknowledge, understand, and agree that your account is non-transferable, and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within two years (s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this Agreement to Duskett Media, LLC, as follows:
Mailing Address:
Duskett Media, LLC
10623 W Goldenrod Ave
Boise, Idaho 83713
Telephone: 208-906-6495
Email: hello@duskett.com
In order to cooperate with governmental requests, subpoenas, or court orders, protect our systems, or ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, your information, IP address, and usage history. Our right to disclose the terms of our Privacy Policy govern any such information.
The Site is controlled, operated, and administered by Duskett Media from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Duskett Media’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the Site or on any related Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or any related Site should be taken to indicate that all information on the Site or any related Site has been modified or updated.
a) Minimum Service Term: By signing up for our web management services, you agree to commit to a minimum service term of three (3) months. This minimum term ensures that you and Duskett Media, LLC have ample time to collaborate on your web project and effectively achieve satisfactory results.
b) Cancellation Policy: If, for any reason, you wish to cancel the web management services within the first three (3) days of signing up, you may do so by providing written notice to Duskett Media, LLC. Upon receiving the cancellation request within the specified timeframe, we will terminate the service agreement and issue a full refund for any charges made.
c) Termination after Minimum Service Term: After completing the three (3) month minimum service term, you may choose to continue using our web management services on a month-to-month basis. Suppose you wish to terminate the services after the minimum term. In that case, you must provide written notice of termination to Duskett Media, LLC, at least thirty (30) days prior to the desired termination date.
d) Refund Policy: Except for cancellations made within the first three (3) days of signing up, all payments made to Duskett Media, LLC for web management services are non-refundable. No refunds will be issued for partial months of service or for unused services during the minimum service term.
e) Suspension or Termination for Non-Payment: Duskett Media, LLC reserves the right to suspend or terminate your web management services if you fail to make timely payments for the agreed-upon fees. We will provide you with written notice of any overdue payments. If payment is not received within a specified grace period, your services may be suspended or terminated at our discretion.
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