Thedce.com

This is a legal agreement between you, the potential user of this website ("you" or "member") and The Media Exchange Company, Inc. ("thedce" or "theDCE.com" or "theDCE"). Your use of this website ("Site") or any of the products and services offered on this Site (collectively, the "Services") is conditioned on your acceptance without modification of these Terms of Service ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, you should not use the Site or Services. Thedce may at its sole discretion modify these Terms at any time and such modifications will be effective immediately upon being posted on this Site. The most current version of these Terms can be accessed through the "Terms and Conditions" link at the bottom of the Site. You agree to review these Terms periodically, and your continued use of the Site and Services after the posting of modifications constitutes your affirmative agreement to abide and be bound by the Terms, as modified.

Beta testing environment and conditions

From February 2011

 

Beta Test Period

Thank you for Beta testing and using theDCE. We appreciate your thoughtful and helpful comments and suggestions. The following explanations will help you understand the current status of the site and the application. Please take the time to view the lower menu items of "How it works" and "FAQ" also.

 

TheDCE is for maintaining and using the media that the Member owns or wishes to own or has borrowed.

 

Email

There are many aspects of theDCE that require attention to the Member's email messages. It is important to be attentive and react as quickly as possible to email messages from theDCE. Be sure to list info@thedce.com and information@thedce.com in your address book to avoid spam filters from catching theDCE email messages. TheDCE email messages have graphics and links in them. The content and links are the important items. Some email systems must be set to allow graphics and links. You must update your Profile email information should you change your email address.

 

Popups

Please allow popups in your browser from thedce.com. There are some portions of the site that require the use of popups. We are working to not have any popups to avoid this issue in the future.

 

Browsers

There are significant differences between browsers offered by individual organizations. TheDCE tries to support all browsers latest versions. Older versions of browsers may not work correctly. Most of theDCE testing is done in the latest stable version of FireFox by Mozilla that is open source software with lots of extensions and capability as well as Google's Chrome browser. TheDCE also supports Microsoft's Internet Explorer (MSIE), Flock (also based on the Mozilla code), Safari on the PC and the MAC and Opera. theDCE windows will appear on Cell Phones that get the Internet. theDCE detects and formats some windows for the smaller viewing area.

TheDCE should be available on any operating system that can access the Internet.

Please indicate which browser and operating system you are using when reporting any issues.

 

Databases and Searching

(also see Searching below)

TheDCE currently operates with three types of media; Music, Video and Books. These media each operate as a separate area and have separate conditions associated with them. The primary information for identifying media is UPC (Universal Product Code with 10, 11 or 12 digits), Title and Artist/Star/Author. Other information is maintained but currently cannot be used to search for an item. Entire complete words are used in the search. Partial words will not work. The search allows you to search using AND or OR types of searches. It is not necessary to use all the words in a title for instance. TheDCE.com search is designed to zero in on the desired item quickly and accurately rather than providing lots of responses to go through. The data strives to be the same as is shown on the physical item whenever possible. Searching by UPC is supported and takes priority over other search terms. TheDCE.com has special capabilities to support barcode scanners of UPCs.

 

Joining

The Beta Tester must JOIN theDCE in the normal fashion.

While it is not prohibited multiple accounts for a single individual is discouraged. Multiple accounts for a single individual would have to have separate email addresses as no Member's account can have the same email address as an existing email address of another Member's account. The Username (login name) is also unique within theDCE and cannot be changed. The Member can use a screen name that is entered on the Profile/Account Information form. Screen names are not unique within theDCE. If a screen name is used TheDCE does not disclose the Member's real name. TheDCE never discloses or shares in any way a Member's address or any other Profile personal information.

 

Copyright Holders and Stores

TheDCE.com supports special activities for STORES and COPYRIGHT HOLDERS. The user of these facilities must JOIN in the normal fashion as an individual then contact theDCE.com to be approved for these special services.

 

Size

The Music data on theDCE is extensive and contains information on over 400,000 albums including CDs, Cassettes, Vinyl LP 33 1/3 rpm records (V33), 45rpm records (V45) and 78rpm records (V78).

The Video data is extensive and contains information on over 45,000 videos including DVDs and VHS movies.

The Book data is small and contains some information on Hard Cover and Paperback books as well as some Audiobooks.

It is the objective of theDCE.com to contain full information on every media item that has ever existed.

 

Documentation and Help

It is the objective of theDCE to have as much documentation and help as is possible in a convenient and context sensitive manner as possible. TheDCE has help as text bubbles on mouseovers, Help buttons on windows, right click locations and question marks (?) at specific locations (usually in the upper right hand corner of the individual window). At the present time there may be many of these facilities shown but with little content. Please be patient and provide feedback on the most necessary documentation and help locations and explanations.

 

Activity

Improving the database

If an item is not found in the current database it will be permanently added if the Member sends it to theDCE. There is a form that is provided for the Member to add an item to theDCE.com database. This information should come from a commercial copy of the item in the possession of the Member. It will only be made permanent when the item is sent to theDCE.com for VERIFICATION.

Recovery

If the Member's item is damaged, it can be recovered digitally for the Member if the Member sends it to theDCE and theDCE has a current good copy of the identical item in the database.

Transactions

The Member can play, use, buy, sell, loan, borrow or trade media items on theDCE. In the Beta Testing period there are limited numbers of Members so the availability of specific CDs or Videos for using, buying, selling, loaning and borrowing and trading will be limited. This does not affect the ability of the Tester to ADD or Send In items. Currently the active items for audio are primarily in the Rock, Soul and Jazz area. The Search facility response displays information indicating Member ownership of each item and the background of a cell will be blue when an item is offered for sale, trade or loan.

Trading can occur automatically. The Member will be notified by a message if the transactions occur because of his action such as offering an item for trade that is currently wanted by another Member. An email will also be sent to notify all parties of the transaction.

Playing, Streaming, Downloading

The Member can stream (listen to) or watch (future), convert (future) and download items that are owned and Sent In by the Member. There is an extensive Playlist capability to create your own radio station or just listen to one track. TheDCE.com does not provide the player and all playlists can be played in all players that the Member might have. Windows Media Player, Winamp and many others have been successfully tested.

Reviews

The Member can post Reviews and edit only those the Member has previously posted. This is not supervised by theDCE. The background of a cell of the search result or the library listing will be lavender when a review is available on an item.

Other

There are many facilities that are planned for theDCE that are not implemented yet. These include Video viewing, Book content searching, mobile device handling as well as Music and Video format conversion for downloading.

TheDCE does support multiple browsers handling and downloading and listening to Music.

Please indicate what facilities are of the most value to you that can be supplied by theDCE, implemented or not.

 

Payment for Transactions

The payment requirements are implemented from 1-23-2011. TheDCE will keep track of all transactions with prices attached during the testing period. Billing and payment will occur once per month on the JOINing anniversary day of the month. Not maintaining the payment information in a correct and timely manner in the very secure profile area is a serious offense and will not be tolerated by theDCE.com.

 

Sending and Storing Media

It is required that original physical media be sent to theDCE when required in order to properly test and update the Member ownership information and to provide membership services. TheDCE keeps track of the physical media provided by each member and has facilities to store it at no charge or return it to the original provider for a shipping and handling charge if requested by the member. The beta tester will be responsible for any postage to send media to or from theDCE.

 

Conditions of the Application

The bandwidth available for testing is reduced from normal, particularly on the transmission from the server direction. Computing resources are also reduced from normal for the Beta Testing. This means that activities like searches, streaming and downloading might take longer than expected.

When the server has been rebooted to correct a problem or after an upgrade the login will take a long time the first time on retries.

After an upgrade the local cache needs to be cleared. Since the Beta Tester will not know when this has occurred many times if the expected result does not occur it is good to refresh the screen and/or clear cache in the browser and try the request again before contacting customer service.

 

What is shown but in the process of being implemented

There will always be activities that in process. For example, a check box may be shown and seem to operate but not do anything. Many circumstances require specific sets of states of the application and database to be tested. It may be difficult for the tester to control those circumstances completely to be able to report the state of the system at the time of the test results. We understand this. Please provide as much known situation information as possible and we will attempt to understand and fix/explain the issue the tester presents. Always provide the Operating system and browser being used by the tester.

 

Searches

Some searches can take up to a minute to complete. Please be patient. In many circumstances in the application a 'Working' blinker will appear to assist in identifying that the application is operating properly. Some systems will time out and it will be necessary to make the request again or, in some cases, close the browser application and reopen it, logging in again. The search is cached at the server so the second request should be significantly faster in responding. The javascript may time out. Click 'Continue' and it should finish normally.

Some searches will create a large number of qualifying results. The system will create the full result but will only transmit a limited number of the results. The search applications will show information on the number found and the number returned. The current system maximum number of items returned is 150. The maximum number of items returned can be reduced on the Profile Preferences page to speed up the response slightly.

The search is designed to allow additional terms to be used to narrow the qualifying items to a manageable number. The individual search terms within a field are always treated as all required (ANDing). The complete entered word is used for an exact match. The default between fields is AND but can be changed by the Member on each search to OR. UPC searching takes precedence if that field is filled in for the search.

 

Items that you own (Status Codes)

The Member library maintains a list of media items that the Member owns. There are multiple types of Status for items in the Library. The member by JOINing gives theDCE.com approval to share this information with other operations for the purpose of use of those other operations by the Member.

 

  1. X Items that have been ADDed but not sent to theDCE. These are a Status of X. This is the basic way to begin to use theDCE. The member certifies that the item is owned by the member but not yet sent to theDCE.com for verification. A member can purchase or trade for a Status X item. See Status codes S and R below. Status X items can be removed by the member. Status X items become Status V items when they are sent in and immobilized and verified by theDCE.com
  2. V. Items that have been SENT to theDCE and have been Verified and Immobilized. These are a Status of V. These will all be available to the Member to enjoy in digital form regardless of the original physical form or condition. Status V items have full capabilities for all DCE services. Status V items can only be removed by the member by requesting delivery.
  3. W. Items that the Member WISHes to own. These are a Status of W. These can be marked for trade and/or purchase with a maximum bid price or to Borrow with a price and minimum loan period (LP). Status W items can be removed by the member.
  4. R Items that the Member has Bought or Traded For in Status X condition but have not been Sent In yet by the Selling or Trading Away Member. These are a Status of R for Receive. There will be the equivalent Status S.
  5. S Items that the Member has Sold or Traded Away in Status X condition but has not yet Sent In. These are a Status of S for Send. It is important to Send items in a timely manner. There will be the equivalent Status R.
  6. B Items that the Member has Borrowed. These items are Status of B for Borrowed. The Member can play or view these items as if they were owned and verified. There will be the equivalent Status L. Status B items can be returned any time by clicking on the availability window Status code cell. Status B items cannot be sold or traded away or loaned.
  7. L Items that the Member has Loaned. These items are Status of L for Loaned. The Member cannot play or view these items. There will be the equivalent Status B. Status L items can be called back after the agreed upon loan period by clicking on the availability window Status code cell. Only Status V items can be Loaned.
  8. C Items that the Member owns the Copyright on. Copyright holders must provide theDCE.com evidence of copyright ownership prior to offering these items. These items can be sold an unlimited number of times. TheDCE keeps track of this information for the copyright holder. Only the Copyright holder will show the Status of C in their library. The buyer will show a Status of V. In the future there will also be the ability to limit the number as in specific licensed sales. Copyright holders can also choose to offer their items on a USE basis. This service is a single price for the use of the item but the user does not have any ownership rights.  USE items will show on the search results with a yellow background. See Status U.
  9. U Items that the Member has purchased to USE from the Copyright Holder only. These items cannot be sold, traded away or loaned. The item available for USE will show on the search results with a yellow background.
  10. N Items that are Not owned by the member but shown on their library listing. These items include albums with incomplete ownership of all the tracks. Individual tracks that are not owned within the album.
  11. O Items that are stored by the Owner for theDCE.com. These include items that have been purchased from a physical store on theDCE.com, verified and shipped for storage to the Owner as part of the overall DCE storage facility. The Owner agrees to notify theDCE.com of any change in the status of these items.

 

Transactions

There are several types of transactions that are available

  1. Buying items offered by other members at prices they have set. If you set a price to buy on a Wish that is higher than the offering (selling) price the Offering price will be used for an automatic transaction.
  2. Selling items that you own at prices set by you. If you set a price to Sell that is lower than a Wish price for that item an automatic transaction will occur at the Selling (offering) price.
  3. Trading away items you own for other items that you trade for. This trading is not synchronized meaning that there is leeway between the sides of the trade. We call this the trade balance. There is a maximum imbalance before the Member's trading is restricted. This maximum imbalance is currently set at 10 items for all media and can be different for each type of media. The Member's current media balance is shown on the Library page on the right hand side of the top banner by the login/out. The Trading balance has no effect on the ability of the Member to Buy or Sell items.
  4. Adding an item to the Member's library is a transaction. Adding will result in a Status X item in the library until it is sent in to be immobilized and verified.
  5. Removing an item from the Member's library is a transaction. This is done by a left click on the Status column of the item. Removing an item can only be done if the Status is X or W. Those items removed are shown in the Reports of Sold items.
  6. When an item is Sent to theDCE by the Member there is a transaction when it is received by theDCE and Verified and Immobilized in the Member's library.
  7. Borrowing items loaned by other members at prices and loan periods set by the loaner. If you Wish to borrow at a higher price for a shorter loan period than is offered an automatic transaction will occur at the lower price and shorter loan period. The Borrower can return the item at any time. The borrows are shown in the Borrowing Report.
  8. Loaning items owned and verified by the Member for the price and loan period set by the Loaner. If a Loan is set at a lower price for a longer period of time than a Wish for that item an automatic transaction will occur. Loaner can only call the item back after the initial loan period. The loans are shown in the Loan Report.
  9. If a Copyright holder provides the ability to USE an item that will create a normal buy and sell transaction.
  10. Delivery of the physical item to the owner creates a transaction.

 

For the Beta testing there are limited numbers of Members who are offering or bidding or trading. Please be active in listing items as available. Please be attentive to sending in items quickly that are part of any transactions.

 

Purchases and Sales and Trades can occur automatically when there is a match initiated by a Member making a change to the item's price or availability. The Member is notified of a transaction by message boxes of various types and an email will be sent for most types of transactions. A complete record of all transactions is kept and is accessible to the Member for the Member's transactions.

End of Beta Terms

 

Universal Terms & Conditions

Changes to the Site. Thedce reserves the right to modify or discontinue any of the Services and material displayed on or offered through the Site, with or without notice to you, and is not obligated to support or update the Site or Services.

Eligibility. Use of the Site and Services is for personal and commercial use and is void where prohibited. You shall comply with all applicable local, state, federal and national laws, statutes, ordinances and regulations regarding the use of the Site and Services. You represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You must be a resident of the Continental United States of America, Alaska or Hawaii at least 18 years of age and have Internet access, a valid e-mail address, and a valid shipping address to register for the Site and Services. Full use of the Site and Services may require you to provide a valid credit card. While individuals between the ages of 13 and 18 may utilize the Site and Services, they may do so only with the involvement of a parent or legal guardian. If you are 13 or older but under the age of 18, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.

Email Verification During Sign Up. When a new thedce User signs up for an account, they will be taken through a process to verify their email address before their account is activated. When a new User wishes to sign up for an account, they must come to the Site and click "JOIN". The User is prompted to fill out some basic account information, including user name and email address. Once the new User has filled out that information, the Site will automatically send a "verification" email to that User's email address and the User will be prompted to check their email account for that email. The email will contain a link back to thedce.com that the User must follow. Once the member successfully follows that link, fills in the other required Profile information and changes their password their account will be activated and they may begin using on the Site. Every User ID and email within theDCE is unique. You cannot have two accounts with the same email address.

Media Trading (this is for Trading and is not for Buying, Selling, Loaning and Borrowing). You are entitled to receive one equivalent media type in trade from another thedce user for every media item you successfully ship from your Locker. A shipment is deemed successful when the thedce user requesting your media item is credited with that media item in their Locker. There is a trading leeway provided as indicated by the login/out area called the Trade Balance. This shows what your Trade Balance is and the system leeway limit Trade Balance.

You may not illegally copy Media items or keep copies of Media items you trade except as allowed by the copyright owner of the CD. Your access to the Site or Services may be immediately terminated in the event you use the Site or Services for illegal purposes or make unlawful copies of Media items or unlawfully distribute Media items. You acknowledge and agree that you have valid title and ownership rights to any Media items that you make available to the Site. You are aware that not all Media items are available on the Site or via the Services. TheDCE.com will do its best to make any Media item available for you but does not guarantee any availability.

Shipping Your Media Items. When required you must send your Media item to theDCE.com at the address below. TheDCE.com does not guarantee or warranty that your Media item will arrive in good condition. The acceptance of your Media items for entry into your Locker for trading and selling and loaning and your personal use is at the sole discretion of theDCE.com.

Registration, Credit Card Information and Account Rules. To register, you must provide your name, date of birth, shipping address, and e-mail address. Full use of the Site and Services may require credit card authorization information. You shall permit thedce to store and use this personal data provided by you for purposes of maintaining your account and for billing fees and other charges to your credit card. You authorize thedce to place a pending charge to your credit card when you provide your credit card information to thedce. Pending charges are used to verify your billing address and the validity of your credit card, are temporary (typically 7 to 9 days), and will not be converted into an actual charge to you. Pending charges will, while pending, however, reduce the available amount of credit on you credit card in the amount of the purchase. By registering you consent to the use of your profile information for the purpose of thedce authorizing the charges to your credit card. TheDCE does not use or share your information for any purpose other than settling your account with theDCE. Your information is maintained in a highly secure manner. See our Privacy Policy.

In addition, you agree to comply with the following terms:

1.        You shall maintain your account with up-to-date information;

2.        You shall be responsible for maintaining the confidentiality and security of your account;

3.        You shall immediately report any unauthorized use of your account to thedce, as well as any other breach of security;

4.        You shall not share your password with any other person; and

5.        You shall not assign, sell or transfer your account to any other person.

Fees and Charges. All fees and charges are nonrefundable. Thedce reserves the right to establish and charge fees for the Services and to change its fees and charges at any time for any reason. You agree that as a condition of your use of the Site and Services, you authorize thedce or its agents to charge your credit card for any fees or charges you incur in the use of the Site or Services. There will be charges for services and circumstances that will be posted and updated from time to time on the site. TheDCE.com reserves the right to change prices it charges for any service at any time without notification.

You agree that thedce may (at its option) accumulate charges and fees incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that thedce may delay obtaining authorization from your card issuer until submission of the accumulated charges and fees.

Cancellation. TheDCE.com reserves the right to terminate or suspend your access to the Services or Site, with or without cause, at any time and effective immediately. Reasons thedce may terminate or suspend your account shall include, but are not limited to, the violation of any of these Terms or failure to pay for Services.

You may cancel your theDCE.com account at anytime, and cancellation will be effective immediately. You acknowledge, however, that cancellation will result in your forfeiture of any CDs to which you were entitled through the Services. To cancel your account, contact us.

Upon cancellation or termination, you shall remain liable for all charges and fees incurred by you.

Privacy Policy. TheDCE.com's personal information practices on the Site and Services are governed by theDCE.com's Privacy Policy. Please review this Privacy Policy. The Privacy Policy is available on the lower menu on the site.

Cookies. TheDCE.com may place a cookie or other small text file on any computer from which you access the Site or Services and you consent to that placement.

Consent to Receive E-mail. By using the Site and Services, you consent to receiving e-mails from theDCE.com. These e-mailings will include notices about your account (for example, shipping and receiving e-mails) and information concerning or related to the Site or Services, such as recommendations or notifications of transactions. These e-mailings are part of your relationship with theDCE.com.

Use of Information Submitted. You acknowledge and agree that any ratings, reviews, comments, feedback, suggestions, pictures and other materials (collectively, the "Content") you contribute to the Site shall become theDCE.com's property and you hereby assign all rights, title and interests in and to such contributions to theDCE.com. TheDCE.com is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights). TheDCE.com does not regularly review the content posted on the Site; however, theDCE.com reserves the right to remove or edit any Content from the Site at any time without notice.

Your Conduct. You warrant, represent and agree that you will not contribute any Content that infringes or violates the rights of any other party or violates any laws, contributes to or encourages infringing or otherwise unlawful conduct, or is obscene or in poor taste. You agree that use of the Site and Services is subject to all applicable national, federal, state, and local laws and regulations, and that you are solely responsible for the contents of your communications through the Site and Services.

Objectionable Material. You understand that by using the Services you may encounter content that may be deemed objectionable, obscene or in poor taste, which content may or may not be identified as having explicit language. You agree to use the Services at your own risk and that theDCE.com shall have no liability to you for content that you may find objectionable, obscene or in poor taste.

Intellectual Property. You agree that the Site and Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary information and material that is owned by theDCE.com and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Site and Services in compliance with these Terms. No portion of the Site or Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Services in any unauthorized way whatsoever.

The trademarks, logos and service marks (collectively, the "trademarks") displayed on the Site or Services, unless otherwise specified, are the registered and unregistered trademarks of theDCE.com or their respective owners. Nothing contained on the Site or Services shall be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site or Services without the express written permission of the trademark owner.

Claims of Copyright Infringement. TheDCE.com respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

1.        An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2.        A description of the copyrighted work that you claim has been infringed;

3.        A description of where the material that you claim is infringing is located on the Site;

4.        Your address, telephone number, and e-mail address;

5.        A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6.        A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

TheDCE.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, The Media Exchange Company, Inc., 2062 Winterhaven Ct., Chesterfield, MO 63017-7429.

Software Available on the Site. All software that is made available on the Site is the copyrighted work of thedce and/or its suppliers and is licensed, not sold. Your use of any such software is governed by the terms of the license agreement, if any, which accompanies or is included with the software. You may not install or use any software that is accompanied by or includes a license agreement unless you first agree to the terms of the license agreement. For any software not accompanied by a license agreement, thedce hereby grants you a non-exclusive, revocable, personal, non-transferable license to use the software solely in connection with the Site and Services in accordance with these Terms.

You will not disassemble, decompile or reverse engineer the software. You acknowledge that the software and any accompanying documentation is subject to applicable export laws and regulations of the United States. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to United States export restrictions.

Your license to use the software terminates upon the termination of your access to the Site or Services. Your license to the software may also terminate if thedce, in its sole discretion, modifies the Site or Services to no longer support the software.

Disclaimers of Warranties. THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. Thedce MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, thedce DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitations on Liability. IN NO EVENT SHALL thedce, ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR OR EMPLOYEE OF thedce BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT thedce HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.

User Disputes. You are solely responsible for your interactions with other thedce users. Thedce reserves the right, but has no obligation, to monitor disputes between you and other users.

Electronic Signature and Contracts. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.

Governing Law. The laws of the State of Missouri, excluding its conflicts of law rules, govern these Terms and your use of the Site and Services. Your use of the Site and Services may also be subject to other local, state or federal laws. You expressly agree that exclusive jurisdiction for any claim or dispute with thedce relating in any way to your use of the Site or Services resides in the courts of the State of Missouri.

Notices. Thedce may send you notice with respect to the Site or Services by sending an e-mail message to the e-mail address listed in your account information, by sending a letter via postal mail to the shipping address listed in your account information, or by a posting on the Site. Notices shall become effective immediately when posted to the Site and upon delivery when sent by e-mail or postal mail.

Miscellaneous. These Terms constitute the entire agreement between you and thedce and govern your use of the Site and Services, superseding any prior agreements between you and thedce. You may also be subject to additional terms and conditions that may apply when you use third-party content or third party-software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Thedce's failure to enforce any right or provision in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Thedce will not be responsible for failures to fulfill any obligations due to causes beyond its control. No agency, partnership, joint venture or employment is created as a result of these Terms. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

All correspondence to: TMECI, Terms and Conditions, 2062 Winterhaven Ct., Chesterfield, MO 63017-7429

Last update: 9-1-2011