1. BINDING EFFECT
2. AGE REQUIREMENTS
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 email@example.com.
5. PROHIBITED CONTENT
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.
- 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
- 8. ALLEGED VIOLATIONS
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.
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.
All communications with Digital Media Management, LLC should be e-mailed to: firstname.lastname@example.org.
15. AFFILIATED SITES
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
18. CONSENT TO JURISDICTION AND FORUM SELECTION
19. ATTORNEYS’ FEES AND COSTS
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
22. ENTIRE AGREEMENT
All contents of the Site are: Copyright © 2011 Digital Media Management, LLC; 3385 Sunset Blvd. Ste. 202; West Hollywood, CA 90069. All rights reserved.