Please read all these provisions (“terms”) carefully before using this Web site. Using this Web site indicates your agreement and acceptance of these terms. If you do not accept these terms, do not use this Web site or download materials from this site.
Pain.com and its Use
The Pain.com Web site is owned and provided by Dannemiller, Inc. (Dannemiller) from its offices in San Antonio, Texas and is provided for your personal information and non-commercial use. Please feel free to browse Pain.com; however, your access to and use of the Pain.com is subject to the following Terms and all applicable laws:
- You shall use Pain.com for lawful purposes only.
- You shall not post or transmit through Pain.com any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.
- Nor shall you post or transmit through Pain.com any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without Dannemiller’s prior written approval, contain advertising or any solicitation with respect to products or services.
Any conduct by you that, in Dannemiller’s opinion, restricts or inhibits any other user from using or enjoying Pain.com will not be permitted.
Pain.com contains information and material, including, but not limited to, text, software, photos, video, graphics and audio, (collectively “Materials”) which are derived in whole or in part from information and materials supplied by Dannemiller and other sources, and are protected by international copyright, trademark and other laws and the entire content of Pain.com is copyrighted as a collective work under the United States Copyright Laws.
Dannemiller owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content.
Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution.
This limited authorization is not a transfer of title in the Materials and by your use of Pain.com you acknowledge that you do not acquire any license, ownership or other rights to the Materials.
Modification of the Materials or use of the Materials for any other purpose is a violation of Dannemiller’s or such other sources’ copyright, trademark and other proprietary rights and may violate other laws.
The use of any such Materials on any other Web site or networked computer or environment is prohibited without Dannemiller’s express written consent. If you breach any of these Terms, your authorization to use Pain.com automatically terminates and you must immediately destroy any downloaded or printed Materials.
Pain.com and materials and related communications are provided “as is” without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose.
Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Under these circumstances, all other exclusions remain in force.
Dannemiller does not warrant the accuracy, reliability or completeness of any information contained on this site. Nor does it warrant or represent that any information may be suitable for use in any circumstance or application. By using this site you acknowledge that any reliance on any such materials, advice, statement or information shall be at your sole risk.
Dannemiller assumes no responsibility and shall not be liable for any damages of any nature caused by the use of this site. This express disclaimer includes damages caused by viruses, worms, trojans or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to, use of, or browsing in this site.
Dannemiller may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-Dannemiller Web site does not mean that Dannemiller endorses or accepts any responsibility for the content, or the use of such Web site.
If you use these sites, you do so at your own risk. Dannemiller makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of products and services described thereon.
Furthermore, links do not imply that Dannemiller is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Dannemiller.
Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available in Pain.com by any third party are those of the respective author(s) or distributor(s) and not of Dannemiller.
Limitation of Liability
Your use and browsing of Pain.com is at your risk. If you are dissatisfied with any of the Materials contained in Pain.com, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using Pain.com.
Under no circumstances will Dannemiller, its suppliers or other third parties mentioned at, or involved in creating, producing, or delivering Pain.com be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of Pain.com any Web sites linked to Pain.com, or any materials contained at any or all such sites (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to other Web sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Dannemiller was advised of the possibility of such damages.
Dannemiller shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party.
Dannemiller’s obligations and responsibilities regarding its products and services are governed solely by Dannemiller’s terms and conditions of sale or license under which such products and services are sold or licensed.
Information Provided By You
The editors of Pain.com, in their sole discretion, reserve the right to reject, edit, remove, or otherwise alter any content submitted or posted to Pain.com for any reason. Dannemiller reserves the right, in its sole discretion to revoke a user’s privilege to submit or post content to Pain.com.
It has been and remains Dannemiller’s policy not to accept or consider ideas, suggestions or materials other than those that Dannemiller has specifically requested from you. Accordingly, Dannemiller does not want you to, and you should not, send any confidential or proprietary information to Dannemiller through Pain.com unless specifically requested by Dannemiller. Please note that any unsolicited information or material sent to Dannemiller will be deemed not to be confidential or proprietary.
By submitting information and material to Pain.com, you automatically grant to Dannemiller (or warrant that the owner of such information and material has expressly granted to Dannemiller) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Dannemiller is free to use any ideas, concepts, know-how, or techniques that you send Dannemiller for any purpose.
You authorize Dannemiller to publish your name and location (city, state and/or country) in connection with any use of your submission to Pain.com and in identifying yourself and location, you represent that you have done so accurately. Once your submission is posted, you will not have the right to have it removed or edited.
Submissions to the user-generated content portions of Pain.com must be legible, comprehensible, and written in the English language.
You agree that you have disclosed any relevant competing interests that, when broadly viewed, could be construed as a conflict of interest or the appearance thereof including, without limitation, financial or beneficial conflicts of interest, employment relationships, and affiliations with other entities or interests.
As further provided above, Dannemiller does not want to receive, and you are deemed to covenant and agree through the use of Pain.com not to provide, any information or materials to Dannemiller that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You shall not upload, post or otherwise make available on Pain.com any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
Sharing Pain.com login information is strictly prohibited.
Dannemiller respects the intellectual property ownership rights of others. If you believe your work has been reproduced at Pain.com in a way that constitutes copyright infringement, please notify us by providing the following items to the Pain.com editor:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work, or a representative listing of the copyrighted works, that you claim have been infringed;
- Identification of the material that you claim to be infringing or to be the subject of infringing activity and information reasonably sufficient to locate the material;
- Information for contacting you, including your address, telephone number, and, if available, e-mail address;
- A statement that you have a good-faith belief that the claimed infringement is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Dannemiller reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of Pain.com and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, Dannemiller is under no obligation to update Materials.
Dannemiller may also make changes in the products, services, programs, or prices (if any) described in Pain.com at any time without notice. Your continued use of Pain.com after any change Dannemiller makes to Pain.com will be considered acceptance of those changes.
You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
Linking to Site
Anyone linking to Pain.com must comply with Dannemiller’s guidelines for linking to Pain.com and all applicable laws.
Dannemiller administers Pain.com from its offices in the United States. Materials published at Pain.com may refer to products, programs, or services that are not available in your country.
Furthermore, Dannemiller makes no representation that the Materials at Pain.com are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.
You may not use Pain.com or export information and materials in violation of the export laws of the United States or any other country. If you access Pain.com from a location outside of the United States, you are responsible for compliance with all applicable laws.
The laws of the State of Texas shall govern these Terms, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between Dannemiller and you with respect to your use of Pain.com. Any cause of action you may have with respect to your use of Pain.com must be commenced within six (6) months after the claim or cause of action arises.