Introduction: D2 is a social media platform that incorporates the database OT for content display. Your membership in D2/OT allows you participation in storing your personal content, provided and owned by you, in D2 servers and displayed through the D2 social media platform.
The D2 basic services are provided free of charge to you; we offer paid upgrades for advanced features such as advertising options, extra display of web pages, and advance level of membership. We have designed D2 services to provide you as much control and ownership of the content you choose to display through the D2 platform. It is required you grant us (D2) your full adherence to the legal and moral responsibility in publishing the content of your web pages. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence and profanity) appear on your web-pages.
Purpose: Setting goals is a universal endeavor, achieving these goals is everyone’s personal challenge. D2 attempts to facilitate the process of achieving goals by allowing you to attractively outline the goals worth pursuing, delineate the steps planned on conquering the challenge, and promote or proclaim your successes.
Furthermore, D2 aims to create a supportive community that comprises members that have provided the content that forms OT. Through this supportive community, the cumulative commercial net worth of the community will be enhanced and net profit distribution through a unique formula will be undertaken.
By clicking on “Singup”, “Join D2”, “Join Our Town” or similar confirmation terms for registering, accessing or using our Services, you agree to enter into a legally binding agreement (even if using the Services on behalf of a company). In the United States, your agreement is with Determined2.com LL and Our Town LLC.
Should you have any reservation about this agreement, please DO NOT click on “Sign Up”(or similar) and do not access or use any of our Services.
Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
LICENSE: You must be 18 years of age or older to use our services. By adhering to TOU, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license to access D2. Any other access, other than as authorized as noted above is not permitted.
All content created by you and displayed in D2 by you is owned by you, but you agree to its display within the D2 services. Content created by D2 or other members participating in the D2 platform cannot be licensed, nor distributed, or made derivative works of, nor displayed, sold or framed.
By your participation in D2, you grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/subliceansable license to use, copy, perform, display, distribute, and make derivative works from the content you have posted within D2.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with D2, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
Furthermore, you agree to keep your password a secret, and update frequently to uphold security to your profile and that of the website. Your account is solely your responsibility, and you agree not to share your account with anyone.
Your account essentially belongs to you only. The following terms to secure your account are required, and you agree to these terms: (1) select a strong password that is strong and considered secure; (2) Your password must be kept secure and personal; (3) Your account is wholly nontransferable; (4) you must adhere to the terms listed in this legally binding agreement, as well as to follow those laws required by your local and national governance. You accept the responsibility for any occurrence that may result through your account, unless the account is closed or you have reported its misuse.
Those Services purchased on your behalf by another party (e.g. your employer), the party paying for that Service controls said account (this account must differ from your personal account); that party may terminate your access to it.
PAYMENT: For those services requiring a payment, you agree to make timely payments. Be aware that may be other fees and taxes that may be required by regional differences and are added to the listed prices. Please note that refunds cannot be guaranteed. Also be aware that failure to pay agreed to fees (and taxes when applicable) may result in termination to the services and possibly membership to other D2 services. In addition to taxes that may apply in different regions, there may be required a foreign exchange fee for Service.
In the case where you have requested advance D2 services, beyond basic membership, you authorize us to charge your account for D2 fees incurred. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
MODERATION. You agree we may moderate D2 access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules are incorporated herein.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to D2, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and D2 is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your D2 use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“D2 ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) D2 ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
CLAIMS. You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your D2 use is governed by Florida (“FL”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Tallahassee, FL (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against D2 Entities; (6) (except government agencies) to indemnify D2 Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your D2 use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.