Terms and Conditions
Welcome to the Destiny Corporation website from Destiny Corporation Institute Inc. (“Destiny Corporation”). Access to, and use of, this website and the information contained in this website are subject to the terms and conditions listed below (“Terms and Conditions”). Please read this information carefully. Your use of this website, including the services provided on this website, signifies your agreement to follow and be bound by these Terms and Conditions.
Destiny Corporation reserves the right to discontinue providing any of the services and information available on this website, to make changes or updates to this website, or to the products or programs described in this website, or to these Terms and Conditions at any time without further notice. Your continued use of this website following such changes signifies your acceptance of the revised Terms and Conditions.
Copyright © 2015 Destiny Corporation, Destiny Corporation 2075 Silas Deane Highway, Rocky Hill CT, 06067, USA. All rights reserved.
Use of Web Site
You are hereby authorized by Destiny Corporation to view, download, copy and print documents and the graphics incorporated therein (“materials”) from this website subject to the following restrictions and in accordance with any written agreement between you and Destiny Corporation: 1) the materials may be used solely by you for your own personal informational, educational or other non-commercial purposes unless otherwise expressly indicated; 2) all copies you make must properly attribute the appropriate source, including any copyright or other proprietary notices originally shown or included in the materials; 3) you may not modify any of the materials found at this website unless otherwise expressly indicated, nor attempt to pass off any materials found at this website as your own; 4) you may not use, reproduce or publicly display or perform, or distribute any of the materials within this website for any commercial or public purpose, unless Destiny Corporation has given you prior written consent to do so; 5) you may not “mirror” or “frame” any portions of this website in any other environment without prior written consent from Destiny Corporation. Destiny Corporation reserves the right to terminate the access of any user in its sole discretion, including users that do not observe these Terms and Conditions or who infringe or otherwise violate the rights of others. You agree that you are expressly prohibited from using any materials found on this website to the detriment of Destiny Corporation or its affiliates in any type of patent infringement proceeding. Your failure to comply with this prohibition constitutes copyright infringement of the materials at issue. Each instance of noncompliance with this prohibition constitutes a separate instance of infringement, and subjects you to a payment obligation in the amount of $75,000 USD per infringement, as liquidated damages and not as a penalty.
You are prohibited from posting or transmitting to Destiny Corporation via this website any material that is unlawful, obscene, pornographic, libelous, defamatory, threatening, or otherwise inappropriate.
Accounts, Passwords and Security
If any of the services provided on this website requires you to open an account, you must complete the registration process by providing and maintaining current, accurate and complete information as requested on the applicable registration form, and maintaining the strict confidentiality of your password. If Destiny Corporation has provided you with login information to enable you to access restricted URLs on this website, be advised that such login information, as well as any content located at or linked from that URL, is confidential and proprietary to Destiny Corporation, and you are not authorized to share any information you view, download, or otherwise use at that URL. If you are using this website on behalf of your employer, you represent that you are authorized to accept these Terms and Conditions on your employer’s behalf. You are the only person authorized to use your login information, and you are solely responsible for maintaining the confidentiality of your password(s). You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain products. By using this website and registering for such services, you consent to Destiny Corporation’s display of such information via the services and accept all risks of unauthorized access to such information. You are also fully responsible for all activities that occur through the use of your account and password. You agree to notify Destiny Corporation immediately of any unauthorized use of your account or password or any other breach of security and ensure that you exit from your account at the end of each session. Destiny Corporation is not responsible or liable for any loss or damage that may occur 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 Destiny Corporation or any other party due to someone else using your account or password. You may not use anyone else’s account at any time. Destiny Corporation reserves the right to terminate your access this website should Destiny Corporation in its sole discretion consider your use of this website to be inappropriate in any way. Upon termination of your access to this website, you must destroy all materials obtained from this website which permit identification of any individual.
Accessing the Online Communications Channels
You agree that Destiny Corporation will not be liable, under any circumstances and in any way, for any errors, omissions, loss, or damage of any kind incurred as a result of your use of the Online Communications Channels or your use of any content posted thereon. 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. You agree not to harvest or otherwise collect information about others, including email addresses, or to use the Online Communications Channels or information obtained from the Online Communications Channels to send other users unsolicited email of any kind. The Online Communications Channels are provided for informational purposes only, and no content included therein is intended for trading or investing purposes. Destiny Corporation shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Online Communications Channels, or for any trading or investment decisions made based on such information. Collecting personal information from children under the age of 13 (“minor children”) through this website is prohibited. Minor children are not eligible to use this website, and Destiny Corporation asks that they do not submit any personal information to this website.
Posting to the Online Communications Channels
Unless otherwise indicated, by posting your content, you are granting Destiny Corporation and all other users an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, transmit, create collective or derivative works from, distribute, perform and display your content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived. Except where expressly provided otherwise, all comments, feedback, information and materials submitted to the Online Communications Channels are intended to be shared with other users of the Online Communications Channels. You may choose to include personal information in your Destiny Corporation community profile. You are responsible for appropriately setting and maintaining your privacy settings to designate who can access such personal information. Be aware that even information you set as private may be accessible by Destiny Corporation and third parties based on their level of access. Unless you have a written agreement with Destiny Corporation that refers to this website and expressly states otherwise, information you choose to include in your Destiny Corporation community profile and your comments, feedback, information and other materials you choose to share with others within the Online Communications Channels are not confidential and are not subject to the Destiny Corporation Privacy Statement.
By posting your content, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use, and that such content is not confidential. If you are using the Online Communications Channels on behalf of your employer, you represent and warrant that you are authorized to accept these Terms and Conditions on your employer’s behalf, and that your employer agrees to indemnify you and Destiny Corporation for violations of these Terms and Conditions. By posting your content, you further represent and warrant that you have reviewed and are in compliance with all applicable policies of your employer and/or the entity or individual that owns or controls the content you are posting. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose. Destiny Corporation cautions you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc. Destiny Corporation reserves the right, in its sole discretion, to modify, to publish, or not to publish your content.
UNLESS OTHERWISE EXPRESSLY INDICATED, YOU MAY NOT SUBMIT, AND DESTINY CORPORATION WILL NOT ACCEPT, ATTACHMENTS WITH YOUR POSTINGS. YOUR POSTINGS MAY NOT INCLUDE CONTENT THAT DESTINY CORPORATION IN ITS SOLE DISCRETION DEEMS TO BE AN ADVERTISEMENT OR SOLICITATION FOR EMPLOYMENT. YOU AGREE THAT YOU WILL NOT KNOWINGLY AND WITH INTENT TO DEFRAUD PROVIDE MATERIAL AND MISLEADING FALSE INFORMATION, INCLUDING DISGUISING THE ORIGIN OF YOUR CONTENT OR MISREPRESENTING YOUR AFFILIATION OR IDENTITY. YOU MAY NOT USE DESTINY CORPORATION’S NAME TO ENDORSE OR PROMOTE ANY PRODUCT, OPINION, CAUSE OR POLITICAL CANDIDATE. REPRESENTATION OF YOUR PERSONAL OPINIONS AS INSTITUTIONALLY ENDORSED BY DESTINY CORPORATION, OR BY DESTINY CORPORATION’S, PARTNERS, OR ANY RELATED ORGANIZATIONS, IS STRICTLY PROHIBITED. YOU AGREE NOT TO POST OR OTHERWISE TRANSMIT SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES, OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT. YOU REPRESENT AND WARRANT THAT THE CONTENT YOU SUPPLY DOES NOT VIOLATE THESE TERMS AND CONDITIONS.
Private Web Areas Provided by Destiny Corporation
In addition to the Terms and Conditions detailed herein, this subsection shall apply specifically to your use of private web areas provided by Destiny Corporation, including Vdestiny sites and closed groups within a Destiny Corporation online community unless otherwise agreed in writing between the parties.
It is understood that your access to the Private Area will be limited in duration consistent with the purposes for which the Private Area was established. You understand and agree that Destiny Corporation may make unavailable and/or take down the Private Area entirely or in part at any time and for any reason in its sole discretion. Destiny Corporation reserves the right to terminate your access to the Private Area and to all materials appearing thereon for any reason in its sole discretion, including, but not limited to, your failure to observe these Terms and Conditions, or for infringing or otherwise violating the rights of others.
You may not exchange or transmit on or to the Private Area any personally identifiable information of third parties, nonpublic personal information, or any other sensitive or proprietary third-party information that is protected under the laws or regulations of the particular jurisdiction applicable to the subject individual. No software or code may be provided via the Private Area, and you shall not submit or otherwise exchange encrypted data or other information, or encryption instructions. You shall not submit or otherwise exchange any items that are controlled by the United States export laws (including, but not limited to the Export Administration Regulations (“EAR”) and International Traffic in Arms Regulations (“ITAR”)) or the export or import laws of any other applicable country without proper clearance and notification to the other party, including any instructions on how to perform encryption functions or any other controlled technical data.
Pursuant to your use of the Private Area, you agree to allow Destiny Corporation to store and retrieve session information on your end terminal equipment, through the use of “cookies.” The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures and to take reasonable steps to prevent unauthorized access to the Private Area. By using the Private Area, you explicitly consent to (i) the collection and processing by Destiny Corporation of your personal data as needed to administer security on the Private Area; (ii) the storage of such data until expiration of the purposes for which the Private Area was established, or in accordance with Destiny Corporation retention policy for such Private Area; and (iii) the storage and retrieval of information on your end terminal equipment as described above. Please refer to the Destiny Corporation Privacy Statement for further information concerning the use and disclosure of your personal information.
Destiny Corporation does not promise that your access to the Private Area will be uninterrupted. You agree to maintain appropriate backup copies of all information you submit to the Private Area. You agree that you will not transmit to the Private Area any viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment. You understand that Destiny Corporation may create and administer the Private Area using third-party software and that such software may have technical, licensing, and other limitations over which Destiny Corporation has no control. You agree to cooperate with Destiny Corporation in all material respects should Destiny Corporation be required by its licensors to perform, or not perform, certain activities. You agree to notify Destiny Corporation as soon as you become aware of or suspect any breach of security concerning the Private Area or breach of any of the terms governing use of the Private Area.
Use of Destiny Corporation Software
Any Destiny Corporation computer software which may be downloaded or is otherwise available from this website, unless otherwise expressly indicated, is licensed subject to either the written license agreement between you and Destiny Corporation or the click-on license which you agree to at the time of download or use. Software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise. However, if neither a written license nor a click-on license is available, your use of the Destiny Corporation software will be subject to the following conditions: 1) you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on this website without Destiny Corporation’s express prior written consent 2) you are granted a personal, non-exclusive license to use such software subject to the foregoing restriction 3) such software is subject to all terms in the Warranties and Disclaimers Section as set forth below; and 4) except as expressly granted elsewhere, Destiny Corporation and its licensors reserve all rights, title and interest in and relating to such software. This section does not apply to any Third-Party Materials available on this website.
U.S. Government License Rights; Restricted Rights
Software and accompanying documentation are commercial computer software developed at private expense and are provided with RESTRICTED RIGHTS to the United States Government. Use, duplication or disclosure of the Software by the United States Government is subject to the license terms of this Agreement pursuant to, as applicable, FAR 12.212, DFAR 227.7202-1(a), DFAR 227.7202-3(a) and DFAR 227.7202-4 and, to the extent required under U.S. federal law, the minimum restricted rights as set out in FAR 52.227-19 (DEC 2007). If FAR 52.227-19 is applicable, this provision serves as notice under clause (c) thereof and no other notice is required to be affixed to the Software or documentation. The Government’s rights in Software and documentation shall be only those set forth in these Terms.
Warranties and Disclaimers
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND DESTINY CORPORATION, ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL DESTINY CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEBSITE, THE SERVICES PROVIDED ON THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE.
IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS HELD TO BE UNLAWFUL, VOID, OR UNENFORCEABLE BY ANY COURT HAVING COMPETENT JURISDICTION, THEN SUCH PROVISION SHALL BE SEVERABLE WITHOUT AFFECTING THE ENFORCEABILITY OF ALL REMAINING PROVISIONS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to indemnify and hold Destiny Corporation and its affiliated companies harmless for any and all claims or demands, including reasonable attorneys’ fees, that arise from or otherwise relate to your use of this website (including the services provided on this website), any content you supply to this website, or your violation of these Terms and Conditions or the rights of another.
The information published on this website may contain direct or indirect references to products, programs or services that may not be available worldwide. Such references should not be taken as an indication that said products, programs or services are available or will be made available in your country. You should contact your local sales office for specific information on the products, programs and services available to you.
Third-Party Materials on this Web site
This website may contain materials from third parties, including software in executable or source code form (“Third-Party Materials”). Access, use, and download of all Third-Party Materials are subject to the Warranties and Disclaimers set forth above. Permission to use any Third-Party Materials beyond the uses outlined above or otherwise explicitly stated must be obtained directly from the respective owners. Unless expressly stated otherwise, Destiny Corporation does not provide technical support for any materials posted on, downloaded from, or linked to from this website.
Destiny Corporation respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Destiny Corporation of your claim of infringement by sending the following written information to Destiny Corporation’s Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon
- A description of where the material that you claim is infringing is located on this website, including the URL and date on which the material was displayed
- Your address, telephone number, and e-mail address
- 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
- 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
Destiny Corporation’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
2075 Silas Deane Highway
Rocky Hill, Connecticut 06067
Links to Third-Party Web Sites
Any links to third-party websites found within this website are provided solely as an added convenience to you. Destiny Corporation has neither reviewed the contents of these third-party websites nor does Destiny Corporation claim any responsibility for the content or suitability of these third-party websites and Destiny Corporation makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the third-party websites by Destiny Corporation or any association with their operators.
Unsolicited User Submissions
Neither Destiny Corporation nor any of its employees accept or consider unsolicited submissions of ideas of any kind from outside parties. Therefore, please do not send any unsolicited original materials, concepts or ideas to anyone at Destiny Corporation either through this website or via any other means of communication. However, should you choose to ignore this request, please be advised that any unsolicited information or material sent to Destiny Corporation or any Destiny Corporation employee will be deemed NOT to be confidential. Your submission of any unsolicited information or material grants to Destiny Corporation an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material and any underlying intellectual property. In addition Destiny Corporation is free to use, without restriction, any unsolicited ideas, concepts, know-how or techniques that you send Destiny Corporation for any purposes. The Destiny Corporation Privacy Statement will govern the disclosure of your name or any other personal information related to any such submissions.
Governing Law and Jurisdiction
This website is controlled by Destiny Corporation from its offices in Rocky Hill, Connecticut, United States of America. All matters relating to your access to, or use of, this website shall be governed by U.S. federal law or the laws of the State Connecticut. Any legal action or proceeding relating to your access to, or use of, this website shall be instituted in a state or federal court in Hartford County Connecticut. You and Destiny Corporation agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Destiny Corporation and all other Destiny Corporation Institute Inc. product or service names are registered trademarks or trademarks of Destiny Corporation Institute Inc. in the USA and other countries. ® indicates USA registration. Adobe and the Acrobat logo are trademarks of Adobe Systems Incorporated.
Other brand and product names are trademarks of their respective companies.
Export Information and Compliance with Laws
United States export laws and regulations apply to this website and Destiny Corporation. You agree to comply with all such applicable restrictions and may not access, download, use, or otherwise export, re-export, import, or distribute website content (including any software) or any underlying information or technology except in full compliance with all laws and regulations of the United States and with those of any other country that may apply to the website content. By accessing and downloading the website content (including any software), you agree to the foregoing and represent and warrant that (1) you are not a party to whom the United States prohibits access to the website content (including any software) (e.g. a listed or debarred individual or an individual involved in the proliferation of biological, chemical, nuclear or other weapons of mass destruction), (2) you are not located in, under control of, or a national or resident of any country to which export of the website content (including any software) (e.g. a country that is subject to a United States embargo), is restricted by laws of the United States or other applicable laws and regulations, and (3) you will not share the website content (including any software) with an individual whose status is described in (1) and/or (2) above. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the website content (including any software). Destiny Corporation, its subsidiaries, distributors and agents must export products in accordance with the laws and regulations of the United States. Destiny Corporation maintains export policies to ensure our compliance with such export laws and regulations. Each customer must comply with any export restrictions relating to end users of the software.
If you have any questions concerning the usage or licensing of Destiny Corporation trademarks, questions regarding Destiny Corporation copyrighted materials or any other questions regarding these Terms and Conditions, contact the Destiny Corporation Legal Department by e-mail at firstname.lastname@example.org. Destiny Corporation is a private company devoted to the support and further development of its services.