b. DMW may change, add or remove portions of this Agreement at any time. Each time you use the Service the current version of this Agreement will apply. Your continued use of the Service indicates your acceptance of these rules and any changes or modifications.
2. CONTENT & COPYRIGHTS a. The contents of the Service are intended for your private, noncommercial, educational or domestic use. All materials published by DMW on the Service, including, but not limited to news articles, photographs, images, audio and video clips (the “Content”) are protected by copyright, and owned or controlled by DMW or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
b. The Service and its Content are protected by copyright pursuant to U.S. and international copyright laws. Copying or storing of any Content for other than private, noncommercial, educational or domestic use is expressly prohibited without prior written permission from DMW.
c. The Service may contain content created by third-parties (“Third Party Content”). Third Party Content including any text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Third Party Content or any portion thereof may not be stored in a computer or otherwise except for private, noncommercial, educational or domestic use. DMW and Third Parties will not be held liable in any way to you or to any other person or entity including those who may receive information from the Service, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
3. USER SUBMISSIONS a. The Site may permit users to submit postings on message boards and blogs as well as other communications (“User Submissions”). You are solely responsible for the content of any User Submission you submit to the Service. You agree not post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law. DMW reserves the right to delete, move, or edit any User Submission that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. You acknowledge that DMW is not responsible for, does not control, does not endorse and does not verify User Submissions posted to the Service or available through the Service, and that it makes no guaranty regarding the reliability, accuracy, usefulness, safety, legitimacy or quality of any User Submissions. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of User Submissions. You further understand and agree that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DMW with respect thereto.
b. You acknowledge that any User Submissions you submit to the Service may be edited, removed, modified, published, transmitted, and displayed by DMW at any time in its sole discretion and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. By submitting information to the Service, you hereby grant to DMW the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You shall also indemnify, defend and hold DMW harmless for any liability, damage, claim and loss arising due to the use or distribution of those materials. You further grant DMW the right to use your name or user name in connection with the reproduction or distribution of such material. DMW does not accept unsolicited materials or ideas for use or publication in its publications, broadcast programming, books or its digital and electronic media except in connection with user-generated content submitted through commenting, rating, social networks, message board forums, chat rooms, and bulletin boards on the Service. DMW shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service. User generated content submitted to the Service does not represent the views of any Site, its affiliates or any individual associated with the Service or DMW. The user content expresses the views of the author and not the views of any other users, the Service or DMW.
4. COPYRIGHT NOTICES If you are a copyright owner or an agent thereof and believe that any User Submission infringes upon your copyrights, you may notify us pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; iii. Identification of the material that is claimed to be infringing 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 the service provider to locate the material; iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; v. 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 vi. 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 any such notices to email@example.com or by postal mail to Digital Media Wire, Inc., 8721 W. Sunset Blvd., Suite P8, West Hollywood, CA 90069.
5. PROTECTION OF MINORS a. You must be at least eighteen (18) years old to register for the Service. By using the Service, you represent and warrant that you are eighteen (18) years of age or older. If you are not at least eighteen (18) years of age, do not use the Service or become a registered member of the Service. We reserve the right to terminate your membership in the event that DMW becomes aware that you are under eighteen (18) years of age. In addition, you are prohibited from posting any User Submissions about anyone who is not at least eighteen (18) years of age or older.
6. REGISTRATION DATA In consideration of use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself if prompted by the registration form; and (ii) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you (“Registration Data”) is untrue, inaccurate, not current, or incomplete, DMW has the right to terminate your account and refuse any and all current or future use of the Service.
8. LINKS The Site may contain links to other third party web sites, resources, and sponsors of DMW. DMW is not responsible for these third party resources or their contents, and we provide the links solely for your convenience. You should direct any concerns regarding any external link to a third party web site to the site administrator or webmaster of such site.
9. USERNAME AND PASSWORD You may receive a password and account designation upon completing the registration process for the Service. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DMW of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DMW cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at DMW’s sole discretion, and DMW may refer you to appropriate law enforcement agencies.
10. FEES AND PAYMENTS DMW reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time DMW requires a fee for portions of the Service that are now free, DMW will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in an appropriate location on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by DMW or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
11. REPRESENTATIONS AND WARRANTIES a. You represent, warrant and covenant (i) that no materials of any kind submitted through your account will (1) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (2) contain libelous or otherwise unlawful material; (3) include private information about another individual without their permission, such as email addresses, postal addresses, phone numbers, social security numbers or credit card numbers, or any other information that you do not have a right to post or that you have agreed not to post; (4) interfere with or disrupt the Services; (5) disseminate off-topic messages, including but not limited to messages promoting any product, service, Web site, board or venture; (6) include any information that contains any computer viruses, worms or other potentially damaging computer programs or files; or (7) forge headers or otherwise manipulate identifiers in order to falsify the origin of any information transmitted through or to the Services; and (ii) that you are at least eighteen (18) years old. You hereby agree to indemnify, defend and hold harmless DMW, and all its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you, or any user of your account, of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. DMW reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
12. NO WARRANTY a. DMW does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (I) WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE; AND (IV) WARRANTIES RELATING TO THE ACCURACY, CORRECTNESS OR TRUTHFULNESS OF DATA PROVIDED THROUGH THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
b. WITHOUT LIMITING THE GENERALITY OF ANY OF THE ABOVE, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE SERVICE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
c. THE SITE IS BASED IN CALIFORNIA. DMW MAKES NO CLAIM THAT THE SERVICE OR CONTENT APPEARING HEREON IS APPROPRIATE OR MAY LEGALLY BE ACCESSED FROM OUTSIDE OF THE UNITED STATES. ACCESS TO THE SERVICE MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE SERVICE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.
d. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY a. DMW, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF THE DMW, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
b. YOU SPECIFICALLY ACKNOWLEDGE THAT DMW SHALL NOT BE LIABLE FOR ANY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
c. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF DMW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d. SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DMW’S, ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. TERMINATION OR SUSPENSION OF SERVICE DMW RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SERVICE OR THE CONTENT ON THE SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
15. MISCELLANEOUS This Agreement has been made in and shall be construed and enforced in accordance with California law excluding its conflicts of law rules. Any action to enforce this agreement shall only be brought in the federal or state courts located in the County of Los Angeles in the State of California.