Terms & Conditions (Website)

The terms and conditions (“Terms and Conditions”) on this page govern your relationship with David Plotts for Wicomico (“our,” “we,” or “us”) as well as your use and obligations related to this Site, davidplotts.com (“Site”).  By using this Site, you agree to these Terms and Conditions and our Privacy Policy.  If you do not agree to these Terms and Conditions, please exit the Site immediately.  These Terms and Conditions may be updated periodically and without prior notice to you and as such we strongly encourage you to read through this content regularly to stay informed of this disclaimer and any changes to our Terms and Conditions.

Permitted Use

The rights granted to you under these Terms and Conditions are limited to accessing, displaying and viewing the Site contents.  The Site is available as a resource for your personal, non-commercial use, and may not be used as a part of any advertisement, promotion, or other commercial endeavor.  You shall not change, tamper, dismantle, augment, misrepresent, modify, reproduce, disseminate, or frame any of the content contained on the Site without the express, advance written consent of Us.  You shall not use the Site in any way that causes detriment to Us, is derogatory or brings Us into disrepute.  You agree that access to and use of the Site are subject to these Terms and Conditions, prohibiting unauthorized redistribution and publication and protection of Our’s Intellectual Property rights (as defined below).  You acknowledge Us as the owner of the Site.  You further acknowledge Us as the owner of the content on the Site, and in no event shall you claim ownership of the content received via your use of the Site.  You shall not represent yourself as Us, or an agent or partner of Us, or make any representations, warranties or guarantees to third parties with respect to the Site.  You agree to comply fully with all applicable laws and regulatory requirements in relation to your receipt and use of the Site.  You shall not have any rights to assign, transfer or convey your rights and obligations under these Terms and Conditions to any third party.

Intellectual Property

All content accessible through the Site, including all logos, text, images, audio, video, diagrams and maps, as well as the collection, arrangement, assembly and preparation of the Site’s pages, with the exception of trademarks or logos of third parties, unless otherwise explicitly noted, is the sole and exclusive property of Us and is protected by copyright laws.  You may not use Our logo or any other content derived from the Site without express written permission in advance from Us.

You further acknowledge and agree that David Plotts for Wicomico, or its content suppliers, own all right, title and interest in and to all intellectual property contained in and/or used through the Site, including without limitation, any and all patents, know-how, trademarks, service marks, copyrights, rights in passing off, database rights, rights in commercial or technical information, or any other rights in any invention, discovery or process, as well as any other intellectual property rights, whether registered or unregistered, and including the applications for the grant of any such rights and all rights or forms of protection having equivalent or similar effect in each case in the United States (“Intellectual Property”).  You shall not acquire any right, title, or interest in or to the Site or any content contained or provided therein.

With the exception of personal information (the use of which is covered under our Privacy Policy), you acknowledge and agree that any communication or material that you transmit to use via the Site, electronic mail or otherwise, including any data, questions, answers, comments, suggestions, or the like (“User Content”) will be treated as non-confidential and non-proprietary by us.  By sending User Content to us, you will grant Us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such User Content alone, or as part of other works in any form,  media or technology, whether now known of or hereafter invented, and to sublicense such rights to anyone else.

To the extent permitted by law, you waive your droit “moral” rights (the right to be identified as the author or to object to derogatory treatment) in any User Content transmitted to us via your use of the Site, electronic mail or otherwise.

U.S. Digital Millennium Copyright Act

If you are the owner of a U.S. copyright, or a U.S. copyright owner’s agent, you may submit notification, pursuant to the Digital Millennium Copyright Act (“DMCA”) if you believe any content on the Site infringes upon your copyrights.  To provide adequate notice, you submit to our Copyright Agent the following information in writing:

  1. Identify the copyrighted work claimed to have been infringed;

  2. Identify the alleged infringing material requested to be removed, including information reasonably sufficient to have our Copyright Agent locate the material;

  3. Information reasonably sufficient to permit our Copyright Agent to contact you, such as a mailing address, e-mail address and telephone number;

  4. A statement indicating you have a good faith belief that the infringing material is not authorized by the copyright owner;

  5. A statement, under penalty  of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information submitted in the notification is accurate; and

  6. A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or his or her authorized agent.

You may direct all copyright infringement notifications to us at the Copyright Agent address on the Contact page.

Please submit only DMCA notices to the Copyright Agent.  All other feedback, comments, requests for technical support or other communications should be directed to Us.  You acknowledge that if you fail to comply with all of the above DMCA requirements, Your DMCA notice may not be valid.

Counter-Notice: If you believe Your content was inaccurately removed or disabled, due to your claim of ownership over the alleged infringing material, or of authorization from the copyright owner or his or her agent, or, pursuant to the law, you believe you  are allowed to post the material in the alleged infringing content, you   may send a counter-notice containing the following information to the Copyright Agent, containing the following information:

  1. Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or disabled;

  2. A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;

  3. Your name, address, e-mail address, telephone number, a statement that you consent to federal court jurisdiction in the State of Maryland, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and

  4. Your physical or electronic signature.

If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that individual that the removed material may be replaced on the Site, or we may disable it in 10 business days. Unless the complaining party copyright owner files an action seeking a court order against the allegedly infringing content provider, the removed content may be replaced, or access restored, within 10 to 14 business days or more, following receipt of the counter-notice.

Links to Other Sites

Some links on the Site take you to other, non-David Plotts for Wicomico Sites, social media or provide access to mobile applications available for download.  These other Sites are not under the control of Us, and we are not responsible for their content, action or re-direction.  We are providing these links as a convenience to you, and in doing so do not imply support or endorsement of any kind.

When using the Site,  please do not send any material for which you have not obtained all necessary consents or that which is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in bread of confidentiality or privacy to or from this Site, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the laws of the United States of America.

Exclusion of Liability

We may not be held liable or responsible in any way for loss or damage that may result  to you or a third party as a result of your use of our Site including  but not limited to indirect or consequential loss or damage, loss or damage of data, or profits.

While we endeavor to keep the Site information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose.   Any reliance you place on such information is strictly at your own risk.

We take the utmost care to ensure that this site is available 24/7, 365 days per year.  We are not liable if this Site is unavailable at any time.  We are also not responsible for ensuring your access to, or continuity of, internet connectivity.

Governing Law

These Terms and Conditions apply for all issues regarding this Site shall be governed by the laws of the United States and in the State of Maryland.

Contacting us

If you have any questions regarding our Terms and Conditions or your dealings with the Site, please contact us at the phone or address on our Contact page.
 

These Terms and Conditions are effective as of January 1, 2022.