Terms of Use of www.NicoleRichie.com

 

1.         BINDING EFFECT

By using the Internet site located at www.nicolerichie.com (the “Site”) or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Digital Media Management LLC, its partners, client company partners, assigns, affiliates, officers, directors, employees, consultants, agents, and representatives (collectively “Digital Media Management, LLC”) from time to time in its sole discretion. Digital Media Management, LLC will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.

 

2.         AGE REQUIREMENTS

The Site is intended for individuals of legal age.  If you are under the age of eighteen (18) years (or 21 if that is the age of majority in your State, Country or territory), then you must review the Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand and accept all of the Terms of Use.  By accessing the Site, you represent that you are of legal age to form a binding contract (or if you are not, that you have obtained the informed consent of your parent or legal guardian to your assent to the Terms of Use).

 

3.         PRIVACY POLICY

 

Digital Media Management, LLC respects your privacy and permits you to control the treatment of your personal information. A complete statement of Digital Media Management, LLC’s current privacy policy can be found by clicking here. Digital Media Management, LLC’s privacy policy is expressly incorporated into this Agreement by this reference.

 

4.         CONTENT/USER CONTENT

 

The content on the Site is for entertainment purposes only.  Nothing contained on the Site shall be considered true and accurate unless first verified by Digital Media Management, LLC. The Site includes a combination of content created by us, or provided to us by a licensor or other third parties and users.  All of the content, and other information either displayed on, transmitted through, available for download, or otherwise used in connection with the Site, including but not limited to text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks (collectively, the “Content”) is owned or controlled by us unless stated otherwise. When you sign up through the Site or provide information to us in any other manner, you represent and warrant that you are providing true, accurate, current and complete information. You grant Digital Media Management, LLC a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting Digital Media Management, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Digital Media Management, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Digital Media Management, LLC may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

 

The Site 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 (“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.  Digital Media Management, LLC 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, Digital Media Management, LLC 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, LLC at info@d-msquared.com.

5.         PROHIBITED CONTENT

 

You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.  Digital Media Management, LLC reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. Digital Media Management, LLC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

6.         COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

 

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others.  Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.  You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID.  The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

 

  1. 7. COPYRIGHT INFRINGEMENT

 

Digital Media Management, LLC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service.Digital Media Management, LLC has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Digital Media Management, LLC or of a third party, or otherwise violated any intellectual property laws or regulations. Digital Media Management, LLC’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Digital Media Management, LLC to delete, edit, or disable the material in question, you must provide Digital Media Management, LLC with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Digital Media Management, LLC to locate the material; (d) information reasonably sufficient to permit Digital Media Management, LLC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) 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. For this notification to be effective, you must provide it to Digital Media Management, LLC’s designated agent at:

 

 

Digital Media Management, LLC

3385 Sunset Blvd. Ste. 202

West Hollywood, CA 90069

(323) 378-6505

info@d-msquared.com

 

  1. 8. ALLEGED VIOLATIONS

 

Digital Media Management, LLC reserves the right to terminate your use of the Site.  You agree that Digital Media Management, LLC or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.  Digital Media Management, LLC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Digital Media Management, LLC reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Digital Media Management, LLC believes that you have violated any of the Terms of Use, furnished Digital Media Management, LLC with false or misleading information, or interfered with use of the Site by others.

 

9.         NO WARRANTIES

We make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of the Content, when authorized, will not infringe rights of third parties. Third parties may provide some of the content available on the Site. We do not guarantee the accuracy, the integrity, or the quality of content provided by third parties. Neither we, nor any of our affiliated or related companies, or any of our/its employees, agents, content providers or licensors, make any representation or warranty of any kind regarding the Site or the Content whatsoever. We make no warranty that this Site will meet your requirements, be uninterrupted, timely, secure or error free, or that this Site or the server that makes it available are free of viruses or other harmful components or destructive files. Unauthorized access to the Site is a breach of these Terms and Conditions and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Web Site.

 

Any opinions posted or displayed by third parties is not an opinion expressed by Digital Media Management, LLC or its affiliates.  We do not warrant or guarantee the legitimacy of any users or of the Site or warrant or guarantee that any claims or promises made by any other party is accurate or legitimate and you are required to make your own determination regarding any such claims or promises made by any third parties or other users of the Site.  You warrant that you make contact with other users or other third parties at your own risk and should perform reasonable due diligence before making such contact whether electronically or in person.

 

Digital Media Management, LLC IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Digital Media Management, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  Digital Media Management, LLC DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

 

10.      LIMITATIONS ON DAMAGES

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Digital Media Management, LLC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY Digital Media Management, LLC. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

 

11.      INDEMNITY

You agree to indemnify, defend, and hold harmless Digital Media Management, LLC from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.  Digital Media Management, LLC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

12.      FOREIGN ACCESS

 

The Site is controlled and operated by Digital Media Management, LLC from its offices in the State of California. Digital Media Management, LLC makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Digital Media Management, LLC’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

 

13.      MODIFICATIONS

 

Digital Media Management, LLC may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. Digital Media Management, LLC shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

 

14.      COMMUNICATION

 

All communications with Digital Media Management, LLC should be e-mailed to: info@d-msquared.com.

 

15.      AFFILIATED SITES

 

Digital Media Management, LLC works with a number of partners and affiliates whose Internet sites may be linked with the Site.  Since neither Digital Media Management, LLC nor the Site has control over the content and performance of these partner and affiliate sites, Digital Media Management, LLC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Digital Media Management, LLC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.  Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties.  You acknowledge and agree that Digital Media Management, LLC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

 

16.      NO LICENSE

 

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Digital Media Management, LLC or by any third party.

 

17.      CHOICE OF LAW

 

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

 

18.      CONSENT TO JURISDICTION AND FORUM SELECTION

 

You agree that all actions or proceedings arising in connection with these Terms of Use shall be tried and litigated exclusively in the California Superior Court of Los Angeles County.  The aforementioned choice of venue is intended by you and Digital Media Management, LLC to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and Digital Media Management, LLC with respect to or arising out of these Terms of Use in any jurisdiction other than that specified in this paragraph.  You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the California Superior Court of Los Angeles County shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to these Terms of Use.  You further agree that any final judgment rendered against you in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

 

19.      ATTORNEYS’ FEES AND COSTS

 

In the event of litigation relating to the subject matter of these Terms of Use, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.

 

20.      NOTICE

 

In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail.  If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.  You have the right to request that we provide such notices to you in paper format, and may do so by contacting us in writing at:

Digital Media Management, LLC

3385 Sunset Blvd. Ste. 202

West Hollywood, CA 90069

 

21.      WAIVER

 

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

22.      ENTIRE AGREEMENT

 

These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and Digital Media Management, LLC govern your use of the Site and Content, superseding any prior agreements that you may have with Digital Media Management, LLC.

 

23.      SEVERABILITY

 

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

 

24.      COPYRIGHT

 

All contents of the Site are: Copyright © 2011 Digital Media Management, LLC; 3385 Sunset Blvd. Ste. 202; West Hollywood, CA 90069. All rights reserved.

 

25.      ACKNOWLEDGMENT

 

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.