By using or accessing Donny.com, you acknowledge and agree to comply with and be bound by the following Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain information, goods, products or services from Donny.com.
These terms and conditions apply to any transaction that occurs on or through the Donny.com site.
Parties- Donny.com is solely owned and operated by Donny Osmond Concerts, Inc. Throughout this document, we use the pronouns ‘us’, ‘we’, ‘our’ and other similar pronouns to refer to or reference Donny Osmond Concerts, Inc.
Acceptance of Agreement- You agree to the terms and conditions outlined in this Terms of Use (“Agreement”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to Donny.com, the information, contents, products or service provided by or through Donny.com, and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on site, and you should review this Agreement prior to using the site.
Copyright, Trademarks- The content, music, layout, design, graphics, digital conversion and other matters related to Donny.com and Donny Osmond are protected under applicable copyrights, trademarks and other proprietary rights, and owned by the owners thereof. The copying, redistribution, use or publication by you of any such matters or any part of the site, except as allowed below, is strictly prohibited. You do not acquire any ownership rights to any content, document or other materials viewed through the site. The posting of materials on the site by us does not constitute a waiver of any rights in such information and materials. The names of the artists, and other product and company names on the site are the trademarks and servicemarks of their respective owners. Specifically, the names Donny Osmond, Donny and the Donny.com logo are registered servicemarks and trademarks.
Limited Right to Use- The listening, viewing, printing or downloading of any content, graphic, form or document from the site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or archived or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (and even then, not for resale or redistribution).
Editing, Deleting, and Modification- We reserve the right in our sole discretion to edit, modify, add to, or delete any documents, information, or other content appearing on the site.
Indemnification- You agree to indemnify and hold us and our employees, agents, artists, directors, attorneys, staff, and affiliates (including, but not limited to Dnny Osmond Concerts, Inc.) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of any term or any condition of this Agreement or your use of Donny.com.
Nontransferable- Your right to use the site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Disclaimer- THE CONTENT PROVIDED FROM OR THROUGH THE SITE IS PROVIDED AS-IS WITHOUT ANY REPRESENTATION, GUARANTY OR WARRANTY OF ANY KIND. ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. THE INFORMATION AND SERVICES PROVIDED ON THE SITE MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR DAMAGES. THE DISCLAIMER OF WARRANTY AND NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE CONTENT CONTAINED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability- You acknowledge and agree that use of the internet or any site is subject to risks. All responsibility or liability for any damages caused by viruses, errors, bugs or anything else contained within the electronic file containing music, a form, document, photo or other information is disclaimed. YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK AND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Notwithstanding the foregoing, in the event that any disclaimer or waiver is not given effect, our maximum liability to you under all circumstances including negligence will be equal to the purchase price you pay for any goods or services.
Use of Information- We reserve the right to, and you authorize us to, use (and assign these rights) all information regarding site uses by you and all information provided by you in accordance with our stated Privacy Policy.
Third Party Services- From time to time we may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and exercise no control over the Merchants’ site. Merchants are responsible for all aspects of order procession, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third Party Merchant Policies- All rules, policies (including privacy policies) and operating procedures of a particular Merchant will apply to you while on such Merchant’s site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Payments- You represent and warrant that if you are purchasing something from us or from our Merchants that (i) the credit card information you supply us is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including all applicable taxes.
Links To Other Web Sites- The site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on site does not imply approval or endorsement of the linked web site by us. If you decide to leave the site and access these third party sites, you do so at your own risk.
Submissions- We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, we cannot accept or consider creative ideas, suggestions, or materials other than those that are specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, songs, musical pieces, photographs or any original artwork.
All remarks, ideas, graphics or other information submitted by you to us will forever become the property of Donny.com. If for any reason any rights in any such submissions are not assigned, you hereby grant us a perpetual, irrevocable, fully paid up license to use such submissions for any purpose whatsoever including but not limited to promotional purposes. We will not be required to treat any submission as confidential, and we will not be liable for any ideas and will not incur any liability as a result of any similarities that may appear in our future products or operations. We will be entitled to use your submissions for any commercial or other purpose whatsoever, including posting other sites, without compensation or credit to you or any other person. You acknowledge that you are responsible for all material you submit, and that you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You understand that you are responsible for libel, slander or any other tort, for anything you post on our site, and agree to indemnify us for all losses and costs arising out of anything you post on our site. We reserve the right to communicate with registered users at any time through e-mail. In addition to any other rights or remedies available to us, and without any liability to any user of the site, we in our sole discretion, may terminate or restrict any user’s access to Donny.com at any time and without notice.
Miscellaneous- This Agreement shall be treated as though it were executed and performed in the State of Utah and shall be governed by and construed in accordance with the laws of the United States of America and the State of Utah (without regard to conflict of law principles). Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. All actions shall be subject to the limitations set forth herein. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Utah. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, the terms and conditions of this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Security
You acknowledge and agree that you will refrain from the following:
a. Attempting to circumvent user authentication or security of any host, network or account. This includes but is not limited to accessing data that is not intended for the customer, or logging into a server or account the customer is not expressly permitted to access.
b. Attempting to force a denial of service of a host or network. This includes, but is not limited to email bombing, packet spoofing and ping flooding.
c. Performing any kind of network monitoring without explicit permission. This includes, but is not limited to probing the security of networks, or attempting to intercept data intended for another (i.e., packet sniffing).
Acceptable Use Policy
You shall at all times adhere to our policies contained herein, as amended from time to time and effective upon posting of the revised policy. Notwithstanding anything to the contrary contained herein, we may immediately take corrective action, including disconnection or discontinuance of any and all services, or terminate this Agreement in the event of notice of possible violation by you of the Acceptable Use Policy. In the event we take corrective action due to a violation of the Acceptable Use Policy, we shall not refund to you any fees paid in advance of such corrective action. Connectivity is provided for you only. Resale of username or password connectivity to other individuals or organizations is strictly prohibited.
Lawful Purposes
Donny.com may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulations is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening, obscene, defamatory, or material protected by trade secret. Any access to other networks connected to Donny.com must comply with the rules appropriate for that other network and with Donny.com rules. Use of Donny.com itself may be for any lawful purpose.
Is it sometimes difficult to determine whether postings/emails are innocent, inadvertent or intentional. We reserve the right of judgment. You acknowledge and agree that you will refrain from the following:
Chain letters and ponzi schemes
Commercial postings of any kind
Excessive cross posting- Excessive cross posting occurs when a message (usually an advertisement) is posted to many unrelated newsgroups.
Spamming- Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on user attitudes toward Donny.com, but also because it can overload the network and can disrupt service. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Donny.com has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.
Forging of Headers- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Intellectual Property Violations- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. We are required by law to remove or block access to user content upon receipt of a proper notice of copyright infringement. It is also our policy to terminate the privileges of users who commit repeat violations of copyright laws.
Obscene Speech or Materials- Using the site to advertise, transmit, store, post, display, or otherwise make available obscene speech or material.
Defamatory or Abusive Language- Using Donny.com as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Illegal or Unauthorized Access to Other Computers or Networks- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities-Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of other users to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this Policy- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Acceptable Use Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Export Control Violations- Exporting encryption software over the Internet or otherwise, to points outside the United States.
Other Illegal Activities- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities- Engaging in activities, whether lawful or unlawful, that we determine to be harmful to our customers, operations, reputation, goodwill, or customer relations.
Internet Relay Chat & Online Chat Rooms
Use of IRC bots (Idle connections) on the site is prohibited. Flooding, cloning, spoofing, harassment or otherwise hindering the ability of others to use IRC properly is prohibited. Impersonating anyone other than yourself is prohibited. Any illegal activities are prohibited and may be reported to the proper authorities.
Enforcement and Violations
If we become aware that a customer is in violation of a law or of this Acceptable Use Policy or any of these terms and conditions, we reserve the right to terminate the user’s account, with or without notice, and without any liability to us whatsoever, including, without limitation, no refunding of membership fees or other monies paid by you. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities. We will address violations of Internet etiquette as stated in this acceptable use policy, as may be amended from time to time, on a case-by-case basis.