Welcome to DYNAMOINDUSTRIES.com, DYNAMOPLAYGROUNDS.com DYNAMO's official
website (the "Site")! These terms of use ("Site Terms") impose conditions on
your access to this Site, and any use you make of it, so please read them
carefully. They do not alter in any way the terms or conditions of any other
agreement you may have with DYNAMO the company ("Dynamo") or its subsidiaries
or affiliates for other products or services.
SPECIAL NOTE REGARDING NETWORKED DYNAMO SITES.
In an effort to make on-line
information about Dynamo and business transactions with Dynamo efficient,
Dynamo uses Dynamoplaygrounds.com and Dynamoindustries.com as an entry into
many networked web pages and websites operated by Dynamo and its subsidiaries
and affiliates (together, the "Dynamo Sites"). Please note that individual
Dynamo Sites may adopt terms of use particular to the purpose of the Dynamo
Site or the transactions taking place on the Dynamo Site. For example, some
of the Dynamo Sites affiliated with commercial transactions that you or your
business may have with Dynamo, particularly those which are password-protected
or subject to subscriptions, may have differing terms, or separate agreements
which supplement or supercede these terms. If a Dynamo Site has imposed its
own terms of use by posting on the Dynamo Site, separate agreement or
otherwise, the provisions of those Dynamo Site terms shall control in the event
of a conflict with these general terms of use for Dynamoplaygrounds.com or
Dynamoindustries.com. Except as supplemented or superceded as described
herein, these general terms of use for Dynamoplaygrounds.com and
Dynamoindustries.com apply to the entire network of Dynamo Sites, and control
your use thereof.
Dynamo reserves the right to change or modify any of the terms and
conditions contained in the Site Terms or any policy or guideline of the Site,
at any time and in its sole discretion. Any changes or modification will be
effective upon posting of the revisions and notice of such changes to the Site.
Your continued use of this Site following the posting of its changes or
modifications will constitute your acceptance of such changes or modifications.
Therefore, you should frequently review the Site Terms and applicable policies
from time-to-time to understand the terms and conditions that apply to your
use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU
DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS,
BROWSE OR OTHERWISE USE THIS SITE.
Questions or comments about the Site or its contents should be directed to
the Dynamo webmaster.
Index of Provisions
Incorporated Policies or Terms
Site License and Access
Copyright
Trademarks and Service Marks
Third-Party Content
Linking
General Submissions
Export Restrictions
Financial Material Disclosure
Disclaimers
Limitation on Liability
Applicable Law and Venue
Termination
Severability
Incorporated Policies or Terms
Privacy Policy. Dynamo believes strongly in protecting individual user
privacy and providing you notice of Dynamo's collection and use data,
including personally identifying information, collected from the Site.
Therefore, Dynamo has adopted a Privacy Policy that you should review in order
to fully understand how Dynamo collects and uses information.
Terms of Sale. Transactions with Dynamo Sites offering products or
services for purchase may be subject to Terms of Sale required as a condition
to completion of the transaction. These Terms of Sale may be posted on the
Dynamo Site or set forth in a separate agreement with you. Your transactions
will be governed by such Terms of Sale, therefore you should review them
carefully.
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Site License and Access
Dynamo grants you a limited license to make personal use only of the Site.
Such grant does not include, without limitation:
- any resale or commercial use of the Site or content therein;
- the collection and use of any product listings or descriptions;
- making derivative uses of the Site and its contents; or
- use of any data mining, robots, or similar data gathering and extraction
methods.
Except as noted above, you are not conveyed any right or license by
implication, estoppel, or otherwise in or under any patent, trademark,
copyright, or proprietary right of Dynamo or any third party.
You may not use, frame or utilize framing techniques to enclose any Dynamo
trademark, logo or other proprietary information (including the images found
at this Site, the content of any text or the layout/design of any page or
form contained on a page) without Dynamo's express written consent. Further,
you may not use any meta tags or any other "hidden text" utilizing an Dynamo
name, trademark, or product name without Dynamo's express written consent.
Any unauthorized use of this Site will terminate the permission or license
granted by these Site Terms and may violate applicable law including copyright
laws, trademark laws (including trade dress), and communications regulations
and statutes. All violators will be prosecuted to the fullest extent of the
law.
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Copyright
All copyrighted and copyrightable materials on this Site, including, without
limitation, the design, text, graphics, pictures, sound files and other files,
and the selection and arrangement ("Materials") thereof are copyrighted, ALL
RIGHTS RESERVED, by Dynamo, Dynamo Management Company and/or third-party
licensors. Except as stated herein, none of the Materials may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of Dynamo or the respective copyright owner.
Permission is granted to display, copy, distribute and download the Materials
on this Site for personal, non-commercial, and informational use only;
provided that, you may not, without the permission of Dynamo or the respective
copyright owner, (a) copy, publish, or post any Materials on any computer
network or broadcast or publications media, (b) modify the Materials, and
(c) remove or alter any copyright and other proprietary notices contained in
the Materials. Before you download or otherwise copy any photographs or images
from the Image Gallery, you must agree to the Terms and Conditions of Personal,
Non-Commercial Image Use. Any request for grant of a commercial license to
Dynamo copyrighted materials is subject to prior approval, and should be
addressed to the Dynamo Copyright Licensing staff at:
licensing@dynamoplaygrounds.com.
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Trademarks and Service Marks
Dynamo, Dynamo Playgrounds, Dynamo Industries, CCK Sports & Playgrounds, their
distinctive playgrounds, park equipment and bridges, logos and product
markings, and the products and services described in this Site (except those
belonging to Dynamo suppliers or licensors), are among the trademarks, service
marks or registered trademarks owned by Dynamo, and may not be copied, imitated
or used, in whole or in part, without the prior written permission of Dynamo.
In addition, all page headers, custom graphics, button icons, and scripts are
service marks, trademarks, and/or trade dress owned by Dynamo, and may not be
copied, imitated, or used, in whole or in part, without the prior written
permission of Dynamo. All other trademarks, registered trademarks, product
names and company names or logos mentioned herein are the property of their
respective owners, and may not be copied, imitated or used, in whole or in part
without the prior written permission of such respective owners. Any request for
grant of a license to use Dynamo marks is subject to prior approval, and should
be addressed to the Dynamo Trademark Management Group at:
trademarks@dynamoplaygrounds.com.
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Third-Party Content
This Site may, from time to time, include discussion forums and interactive
areas, including bulletin board services ("BBS"). Any forums and interactive
areas of the Site shall be used only for non-commercial purposes. By using the
forums or interactive areas, you agree not to do any of the following:
- Upload to, distribute or otherwise publish through this Site any message,
data, information, text or other material ("Content") that is unlawful,
libelous, defamatory, obscene, pornographic, indecent, lewd, harassing,
threatening, harmful, invasive of privacy or publicity rights, abusive,
inflammatory or otherwise objectionable;
- Upload or transmit any Content that would constitute or encourage a
criminal offense, violate the rights of any party, or that would otherwise
create liability or violate any local, state, national, or international
law;
- Upload or transmit any Content that may infringe any patent, trademark,
trade secret, copyright or other intellectual or proprietary right of any
party. By posting any Content, you represent and warrant that you have the
lawful right to distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity; and
- Without Dynamo's written permission, distribute or publish unsolicited
promotions, advertising or solicitations for funds, goods or services,
including junk mail and spam.
Dynamo takes no responsibility and assumes no liability for any Content posted
or uploaded by you or any third party, or for any mistakes, defamation,
slander, libel, omissions, falsehoods, obscenity, pornography or profanity you
may encounter. As a provider of interactive services, if any, Dynamo is only a
forum and is not liable for any statements, representations, or Content
provided by its users.
Enforcement. Dynamo has the right, but not the obligation, to monitor
any activity and Content associated with its forums and interactive areas.
Dynamo may investigate any reported violation of its policies or complaints and
take any appropriate action that it deems appropriate. Such action may include,
but is not limited to, issuing warnings, suspension or termination of service,
and/or removal of posted Content. Dynamo reserves the right and has absolute
discretion, to remove, screen or edit any Content that violates these
provisions or is otherwise objectionable. In order to cooperate with legitimate
governmental requests, subpoenas or court orders, to protect Dynamo's systems
and customers, or to ensure the integrity and operation of Dynamo's business
and systems, Dynamo may access and disclose any information it considers
necessary or appropriate, including, without limitation, user profile
information (i.e. name, e-mail address, etc.), IP addressing and traffic
information, usage history, and posted Content. Dynamo's right to disclose any
such information shall govern over any terms of Dynamo's Privacy Policy.
Responsibility for Your Conduct. You shall remain solely liable for the
Content of any messages or other information you upload or transmit to this
Site, including the discussion forums or interactive areas of the Site. You
agree to indemnify and hold harmless Dynamo from any claim, action, demand,
loss, or damages (including attorneys' fees) made or incurred by any third
party arising out of or relating to your conduct, your violation of these Site
Terms, or your violation of any rights of a third party.
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Linking
Links to the Site. You are granted a limited, non-exclusive right to
create a hyperlink to this Site provided such link does not portray Dynamo or
any of its products and services in a false, misleading, derogatory or
otherwise defamatory manner. You may not use a Dynamo logo or other proprietary
graphic or trademark of Dynamo to link to this Site without the express written
permission of Dynamo. This limited right may be revoked at any time.
Third-Party Links. Dynamo makes no claim or representation regarding,
and accepts no responsibility for, the quality, content, nature or reliability
of third-party sites accessible by hyperlink from this Site, or third-party
sites linking to this Site. The third-party linked sites are not under the
control of Dynamo and Dynamo is not responsible for the content of any
third-party linked site or any link contained in a third-party linked site, or
any review, changes or updates to such sites. Dynamo is providing these links
to you only as a convenience, and the inclusion of any link does not imply
affiliation, endorsement, or adoption by Dynamo of the site or any information
contained therein. When leaving the Dynamo Site, you should be aware that
Dynamo's terms and policies no longer govern, and, therefore, you should
review the applicable terms and policies, including privacy and data gathering
practices, of that site.
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General Submissions
Do not use this Site as a means of submitting information you consider to be
proprietary. Confidential and proprietary information should be submitted only
in connection with those Dynamo Sites specifically allowing and providing for
its receipt and protection. Except as otherwise expressly provided in the
terms of use for your transactions with a Dynamo Site or in a written agreement
with Dynamo applicable to your particular use of a Dynamo Site, any submission
of materials by you will be considered a contribution to Dynamo for further use
in its sole discretion, regardless of any proprietary claims or reservation of
rights noted in the submission. Accordingly, you agree that any materials,
including but not limited to questions, comments, suggestions, ideas, plans,
notes, drawings, original or creative materials or other information, provided
by you in the form of e-mail or submissions to Dynamo, or postings on this
Site, are non-confidential (subject to Dynamo's Privacy Policy) and shall
become the sole property of Dynamo. Dynamo shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the
unrestricted use of these materials for any purpose, commercial or otherwise,
without acknowledgment or compensation to you. The submission of any materials
to Dynamo, including the posting of materials to any forum or interactive area,
irrevocably waives any and all "moral rights" in such materials, including the
rights of paternity and integrity.
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Export Restrictions
Any software and all underlying information and technology downloaded from this
Site (collectively the "Software") by you may be subject to U.S. and Canadian
export controls, including the Export Administration Act (50 U.S.C. Appx.
2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R.
Parts 730-774), and may be subject to export or import regulations in other
countries. You are responsible for complying with all trade regulations and
laws both foreign and domestic. Except as authorized by law, you agree and
warrant not to export or re-export the Software to any country, or to any
person, entity, or end-user subject to U.S. and Canadian export controls,
including without limitation persons or entities listed on the U.S. Department
of Commerce Bureau of Export Administration's Denied Parties List and the U.S.
Department of Treasury's Specially Designated Nationals. You further represent
and warrant that no U.S. or Canadian federal agency has suspended, revoked, or
denied your export privileges.
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Financial Material Disclosure
Forward-Looking Statements. This Site, and any documents issued by
Dynamo and available through this Site, may contain statements which
constitute forward-looking statements within the meaning of the U.S. Private
Securities Litigation Reform Act of 1995. Those statements can be identified
by the use of words such as "believe," "expect," "plan," "may," "will,"
"should," "anticipate" or similar statements or the negative of these words.
Forward-looking statements include statements made as to future operations,
costs, capital expenditures, cash flow, improvements in infrastructure,
distribution and replenishment systems and operating efficiencies, sales and
earnings estimates or trends and expansion plans and projections. These
forward-looking statements are based on our current expectations. Known and
unknown internal and external risks and uncertainties may cause the actual
results to be materially different from those expressed in or implied by the
forward-looking statements. The information contained in the most recent
Dynamo Annual Reports to stockholders, including information contained under
the section captioned "Management's Discussion and Analysis," as well as other
information included under the caption "Risk Factors" and/or in other Dynamo
filings with the Securities and Exchange Commission, identifies important
factors that could cause actual results to differ from those contemplated by
forward-looking statements. Dynamo undertakes no obligation to update
forward-looking statements to reflect events or circumstances that occur
after the date the statements were made.
Press Releases. The information contained within press releases issued
by Dynamo should not be deemed accurate or current except as of the date the
release was posted. Dynamo has no intention of updating, and specifically
disclaims any duty to update, the information in the press releases. To the
extent any information therein is forward-looking, it is intended to fit
within the safe harbor for forward-looking statements, and is subject to
material risk.
Third-Party Financial Information. Dynamo may provide links to
third-party Web sites or services that contain financial or investment
information about Dynamo. Access to such Web sites and the information
contained therein is provided as service to those interested in the
information. Dynamo neither regularly monitors nor has control over the
content of third parties' statements or Web sites. Accordingly, Dynamo does
not endorse or adopt these Web sites or any information contained therein,
including, without limitation, analyst's reports and stock quotes. Dynamo
makes no representations or warranties whatsoever regarding the accuracy or
completeness of the content, information, or opinions of third-party Web sites
or other third-party information that is identified on the Site. Users visit
these Web sites and use the information contained therein at their own
risk.
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Disclaimers
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR
SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS
AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. DYNAMO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION,
MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. DYNAMO DOES NOT
REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT, OR ERROR-FREE. DYNAMO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL
ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE DYNAMO
ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, DYNAMO CANNOT AND
DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
Dynamo reserves the right to change any and all content contained on this Site
at any time without notice. Reference to any products, services, processes, or
other information, by trade name, trademark, manufacturer, supplier, or
otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by Dynamo.
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Limitation of Liability
IN NO EVENT SHALL DYNAMO BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE
MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DYNAMO (WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR
RELATING TO THE USE OF DYNAMO'S SITE EXCEED $5.00 OR THE COMPENSATION YOU
PAID DYNAMO, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion
or limitation of certain damages. If these laws apply, some or all of the
above disclaimers, exclusions, or limitations, may not apply to you, and you
may have additional rights to those contained herein.
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Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance
with the laws of the Province of Ontario, applicable to agreements made and
entirely to be performed within the Province of Ontario, without resort to its
conflict of law provisions. You agree that any action at law or in equity
arising out of or relating to these terms and conditions shall be filed only
in state or federal court located in Ottawa, Ontario, and you hereby
irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or proceeding arising out of
these terms and conditions.
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Termination
Notwithstanding any of these terms and conditions, Dynamo reserves the right,
without notice and in its sole discretion, to terminate your license to use
the Site, and to block or prevent future access to and use of the Site.
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Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from
these terms and conditions and shall not affect the validity and
enforceability of any remaining provisions.
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