DIGITAL MEDIA MANAGEMENT TERMS OF SERVICE
These Terms of Service (the “Terms of Service” or “Terms”) govern your use of this website and any associated products and services (the “Service”) provided by Digital Media Management, Inc. (“DMM”), located at 8444 Wilshire Blvd, 5th Floor, Beverly Hills, CA 90211.
IMPORTANT NOTICE: UNLESS YOU CHOOSE TO OPT-OUT AS PROVIDED FOR IN SECTION 19, THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO BINDING ARBITRATION OF CERTAIN DISPUTES AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. PLEASE READ SECTION 19 BELOW CAREFULLY.
- Updates to the Terms of Service
DMM reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting the amended Terms on or within the Service. We may, in our sole discretion, provide additional notice, such as an e-mail message or messaging within the Service, of any changes, but it is your responsibility to periodically check the Terms of Service for changes. You will be deemed to have accepted any changes to the Terms by continuing to use the Service. Unless otherwise stated, all amended terms shall be effective immediately after they are initially posted.
If at any point you do not agree to any portion of the then-current version of our Terms of Service, you must immediately stop using the Service.
- Use of the Service
The Services is provided for entertainment purposes only. You may only use the Service if you are over the age of 13 and are not barred from using the Service by law. If you are between 13 and 17 years of age, you must show your parent or guardian these Terms and they must agree before you may use the Service.
You may be required to register an account to use certain aspects of the Service (an "Account"). You are responsible for maintaining the confidentiality of your Account login information, and you are solely responsible for anything that happens through your Account. You may cancel any Account registered to you at any time by contacting our support team at email@example.com.
DMM may make the Service available through third party sites, platforms or services. In order to access the Service through those third parties, you may be required to agree to their separate terms and conditions, which shall take precedence over these Terms of Service. If such consent is required and you choose to withhold it, then you may be denied use of the Service through those third parties notwithstanding your agreement to abide by DMM’s Terms of Service. Moreover, if we provide the Service solely through such third party sites, platforms or services and you withhold your consent to their terms and conditions, then your right to use the Service under DMM’s Terms of Service may terminate.
The following rules shall apply to your use of the Service:
- You may not use the Service for any commercial purpose unless expressly authorized by DMM in these Terms or other applicable agreement
- You may not abuse, hack, attack, interfere with, or otherwise disrupt the Service or do anything contrary to these Terms
- You may not access the Service in a way that could violate applicable law, or in any manner not expressly authorized by DMM under these Terms or in a separate written agreement
- You may not use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam)
- You may not use the Service to infringe on the intellectual property rights of others, to obtain personal information of others without authorization, or to otherwise violate applicable law
- You may not use the Service to harass, threaten, or abuse others, or post obscene, pornographic, or otherwise objectionable materials
- You may not collect or post anyone else’s personal information, including personally identifiable information, in any form on the Service
- Suspension and Termination of Account and Service
DMM reserves the right to suspend or revoke your Account and/or your access to the Service for any reason.
DMM reserves the right to stop offering and/or supporting the Service or a particular part of the Service at any time either permanently or temporarily. In such event, DMM shall have no liability in connection with such discontinued elements of the Service, and shall not be required to provide refunds, benefits or other compensation to users.
- Proprietary Rights
The Service, including without limitation any patents, trademarks, software including source and object code, and other copyrightable materials incorporated in or displayed on the Service, is owned by DMM. DMM reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service. You agree not to modify, rent, lease, loan, sell, assign, distribute, reverse engineer, or create derivative works based on any element of the Service except as expressly authorized by DMM.
Subject to the Terms, DMM grants you a personal, non-transferable, non-exclusive license to use the Service, provided that such license does not include the right to broadcast, copy, or incorporate any aspect of the Service, including but not limited to any DMM or third party trademark, service mark, or trade dress, outside of the Service without the written consent of the relevant rights holder.
- User Content
"User Content" means any information, data, text, images, sounds, or other material posted, uploaded, stored, or transmitted on the Service by you.
DMM claims no ownership over your User Content. By submitting, posting, or displaying User Content via the Service, you grant DMM a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and exploit the User Content for any purpose in all media now known or hereafter devised.
The foregoing license to your User Content ends when you delete your User Content or you close your Account, unless your User Content has been shared with others and they have not deleted it. You understand and accept that removed content may persist in back-up copies for a reasonable period of time.
- Responsibility for User Content
All User Content is the sole responsibility of the user from which the User Content originated. You understand that by using the Service you may be exposed to content that is offensive, indecent or objectionable, and that by using the Service you are risking such exposure. You also acknowledge that DMM does not guarantee the security of any User Content you transmit to the Service; if you wish to keep any aspect of your User Content a secret, do not post it to the Service. You agree that DMM has no responsibility or liability for deletion or failure to store any User Content posted, stored, or transmitted via the Service.
- Monitoring of User Content
DMM shall have the unlimited right, but not obligation, to monitor all content, including User Content, appearing on the Service, and DMM reserves the right to edit, remove, or refuse any User Content for any reason in its sole discretion. DMM reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
If you submit suggestions, proposals, comments or other materials within the Service, including but not limited to all correspondence and communication with DMM personnel (collectively “Submissions”), you understand and agree that DMM (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
- Disclosure of Information
Your User Content, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of DMM, including to enforce these Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
- Third Party Advertising and Links
DMM may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. DMM makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of DMM and may collect data or solicit personal information from you. DMM is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by DMM of these linked sites.
DMM may also from time to time and at its election offer to users contests, sweepstakes, giveaways, and other such opportunities to win or receive nominal prizes through the Service (“Contests”). You agree that irrespective of the market value of any such prize, you warrant and represent that any prizes shall have the value of $1.00 only. DMM may replace any prize at its election for equal or greater value and the winner of any such prize shall be responsible for payment of all taxes related to the prize. Notwithstanding anything contained herein, DMM takes no responsibility for the acts of third parties related to Contests. In the event you know or believe that a Contest is flawed or has been corrupted, your sole remedy shall be to report such to Digital Media Management, INC at firstname.lastname@example.org. By accepting any prize, winner(s) must agree to all prize conditions provided on participation and hereby agrees that: (i) that all decisions of the DMM, any sponsors, and any judges are final and binding; and (ii) to release the DMM and its affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Contest and the award or use of the prize(s). Entries in all Contests shall be limited to one (1) entry per participant. Multiple participants are not allowed to use the same email address. Any attempt by a participant to acquire more than one (1) entry by using numerous email addresses, registrations, identities, or any other methods will void that participant’s entries and that participant may be disqualified. The use of automated software or computer programs to register or enter Contests is prohibited, and any individual who uses or attempts to use such methods to register or to enter may be disqualified. Where applicable, one (1) prize per person/household. DMM will not verify receipt of entries. By entering, participants acknowledge compliance with all Contest rules, including eligibility requirements. Responsibility for receipt of entry rests solely with the participant. All Contests are void where prohibited.
- Copyright Notices and Complaints
It is DMM's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service in a way that may constitute copyright infringement, you may provide notice of your claim to DMM at the address listed below. For your notice to be effective, it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Information reasonably sufficient to permit DMM to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
- 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
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send all copyright claim notices to: Digital Media Management, Inc., 8444 Wilshire Blvd, 5th Floor, Beverly Hills, CA 90211, Attn: Legal. Email: email@example.com.
If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us with a written communication sent to DMM at the address indicated above setting forth the following items:
- An identification of the URLs or other unique identifying information or material that DMM has removed or to which DMM has disabled access;
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
- A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your physical or electronic signature.
DMM reserves the right to terminate without notice any user's access to the Service if that user is determined by DMM, in its sole discretion, to be a "repeat infringer." In addition, DMM accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
- Updates to the Service
You understand that the Service is an evolving one. DMM may require that you accept updates to the Service, and may automatically update the Service at any time with or without notifying you. You may need to update third party software from time to time in order to receive the Service and use DMM’s software and hardware.
You agree to indemnify, save, and hold DMM, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (the “DMM Parties”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. DMM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DMM, and you agree to cooperate with DMM’s defense of these claims. DMM will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD).
- THE DMM PARTIES DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
- YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICE AT YOUR OWN RISK, AND THE DMM PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
- NO ADVICE OR INFORMATION OBTAINED FROM THE DMM PARTIES SHALL CREATE ANY WARRANTY NOT STATED IN THESE TERMS.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE DMM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE DMM PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DMM PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE ABOVE LIMITATIONS IN SECTIONS 15 AND 16 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- DISPUTE RESOLUTION
If a dispute arises between you and DMM, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team. If any dispute cannot be settled informally, you and DMM agree to resolve any claim or controversy at law or equity relating to this Agreement or the Service (a "Claim") through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
- Applicable Law
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California in connection with any entrance of an arbitrator’s judgment or decision or any dispute with respect to the arbitration process or procedure or DMM’s exercise of its equitable rights or remedies set forth herein.
- Improperly Filed Claims
All claims you bring against DMM must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.1, DMM shall be entitled to recover attorneys' fees and costs up to $5,000, provided that DMM has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- GENERAL PROVISIONS
DMM may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
These Terms of Service, including the DMM Agreements which are incorporated herein, contain the entire understanding of you and DMM, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DMM shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DMM.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Notwithstanding the binding arbitration provisions hereof and any contrary provisions herein, DMM has the following equitable rights and remedies.
You acknowledge that the rights granted and obligations made under these Terms of Service to DMM are of a unique and irreplaceable nature, the loss of which shall irreparably harm DMM and which cannot be replaced by monetary damages alone. Accordingly, DMM shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages (if any).
You and DMM agree that if any portion of these Terms of Service is found to be unenforceable by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such unenforceability, and the remaining Terms shall continue in full force and effect.
No Third Party Beneficiaries
Except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.