Terms of Service
USER AGREEMENT

Welcome to Expressions, an on-line service of Dynamic Vantage Inc. ("Dynamic Vantage"). This User Agreement ("Agreement") describes the terms and conditions applicable to your use of our services at the Expressions Web site and the products, software, services and features made available therein (collectively, "Expressions"). The terms and conditions of this Agreement may differ from those applicable to other products and services offered by Dynamic Vantage. Please read this Agreement carefully. By using Expressions, you agree to be legally bound by this Agreement.

As used in this Agreement "you" or "yours" includes you and any other users of the product that you create within your account.


1. ACCESS ELIGIBILITY

You may only use Expressions if you have registered with us and you have been issued a user name and password. You may not permit any other person to use your user name and password and you may not assign, sublicense or otherwise transfer any of your rights hereunder. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Expressions immediately of any unauthorized use of your account or any other breach of security. Expressions will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Expressions or another party due to someone else using your account or password. Any information supplied by you in connection with your registration must be kept current at all times.


2. USE LIMITATIONS

Expressions may only be used in connection with the normal purposes for which your user name and password were issued. You represent that you are not using Expressions for any illegal purpose and that you will comply with applicable laws in connection with any transaction relating to your use of Expressions.


3. RELATIONSHIP OF PARTIES

Expressions is only a venue for the expression of ideas. We are not a publisher and we are not responsible for any statements made by any party using Expressions. We do not ensure that the information on Expressions is accurate or complete.


4. FEES

You agree to pay our fees in accordance with our posted rates. All currency references are in U.S. dollars. If you fail to pay these fees at any time your account will be disabled until you have successfully made the required payments and reactivated your account. Fees are paid on a monthly or yearly basis depending on your subscription, unless otherwise specified by EXPRESSIONS.


5. PRIVACY

"Your Information" is any information that you provide to us or to other users of Expressions in the course of registering, accessing or using Expressions. Our use of Your Information is governed by our Privacy Policy. However, you acknowledge that you are providing Your Information so that it can be published on-line and otherwise provided to certain other parties. Therefore, you grant us the right to reproduce, modify, publish and transmit Your Information on Expressions. You agree that we may edit or delete all or any portion of Your Information.


6. COPYRIGHTS

Except for Your Information, all materials included on Expressions, including but not limited to, any design, text, graphics, logos, button icons, images, audio clips, software and other materials, (the "Expressions Materials"), and the compilation (including the collection, arrangement and assembly thereof) of all Expressions Materials are, as between you and us, the exclusive property of us and are protected by U.S. and international laws. You may use these materials within your account to assist in the use of Expressions. Any other use of the Expressions Materials, including without limitation, the reproduction, modification, distribution, transmission, republication, display or performance thereof, outside of Expressions, is strictly prohibited. You agree not to disassemble, decompile or reverse engineer any software or any other portion of Expressions.


7. TERMINATION, MODIFICATION AND INTERRUPTION OF SERVICE

Your license to use Expressions subject to the terms of this Agreement is limited, non-exclusive and terminable at any time. We reserve the right to terminate or modify Expressions, and to remove, add and modify features, data, functions, products, services, software and instructions, from time to time at any time without notice and without liability. You agree that we may terminate your user name, password, account or access to or use of Expressions at any time for any or no reason. You agree that we will have no liability or responsibility in the event access to or the services available on Expressions are interrupted or terminated at any time for any reason.


8. EXTERNAL LINKS

Expressions may contain advertisements and hyperlinks to Web sites operated by third parties. Such hyperlinks are provided for your convenience only. We do not control the content, messages or information found on any third party Web site and we are not responsible for any content, messages or information found on such Web sites or any content or information to which you can link to through such Web sites. We specifically disclaim any warranty or liability with regard to such hyperlinks or content and you assume the risk of any loss or damage arising out of your use of such content and Web sites. Inclusion of advertisements or hyperlinks to any third party Web site or 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 us unless otherwise expressly stated.


9. DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXPRESSIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) EXPRESSIONS WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, EXPRESSIONS IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. EXPRESSIONS DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

All Communications are the sole responsibility of those persons posting or transmitting the Communication. Expressions has no obligation to monitor or supervise Communications, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right to monitor or supervise them in its sole discretion. Expressions does not control the content of any Communications and does not guarantee the accuracy, integrity or quality of anything within them. The Member or user acknowledges that by using the communication features provided on the Site, you may be exposed to Communications and other content that is offensive, indecent or objectionable. Under no circumstances will Expressions be liable for any errors or omissions in any Communication or for any loss or damages of any kind incurred as a result of the use of any information contained within the communication features provided on the Site. If Expressions receives notification of a Member or user regarding Communications which allegedly do not conform to this Agreement, Expressions may investigate the allegations and determine in good faith and at its sole discretion whether or not to remove or request the removal of the Communication. Expressions reserves the right to expel Members and users and prevent their further access to the Sites for violating this Agreement or violating the law. Expressions also reserves the right to remove Communications which are abusive, illegal, disrespectful, or disruptive. Expressions reserves the right to release information to the appropriate authorities, as a result of a violation of our standards, or any other unlawful act, if the information is subpoenaed, and/or if Expressions deems it necessary and/or appropriate.


10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXPRESSIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXPRESSIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

With respect to any additional software that may be made available by Dynamic Vantage in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.


11. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.


12. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


13. CONTENT SUBMITTED

Expressions does not claim ownership of the Content you place on your Expressions Blog Site. By submitting Content to Expressions for inclusion on your Expressions Blog Site, you grant Expressions a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Blog Site on Expressions' Internet properties. This license exists only for as long as you continue to be a Expressions customer and shall be terminated at the time your Blog Site is terminated.

You acknowledge that Expressions does not pre-screen Content, but that Expressions and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Expressions and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.


14. ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Expressions shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. You may also place advertisements on your Blog Site if and when Expressions makes this feature generally available as part of the Service. Your advertisements placement will be subject to additional terms.


15. INDEMNITY

You agree to indemnify and hold Expressions, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


16. RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Expressions.


17. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Expressions may establish general practices and limits concerning use of the Service.


18. EXPRESSIONS PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Expressions or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.


19. GENERAL

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Expressions respects the intellectual property rights of others and we ask our users to do the same. The failure of Expressions to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Expressions and governs your use of the Service, superceding any prior agreements between you and Expressions (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Dynamic Vantage services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.


20. VIOLATIONS

Please report any violations of the TOS to us via email at: