2. MaterialsThe information and materials provided on or through the Websites, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, games, software, applications and/or links (collectively, the "Materials") are intended to educate and inform you about us and our business and to provide you with access to our services. DSI MATERIALS ARE PROVIDED "AS IS" AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. Unless otherwise specified on a Website, you may download Materials displayed on the Website and you may use the downloaded Material solely for your own personal uses. You may print copies of any textual Material available for downloading on the Websites, and you may execute copies of any software/games/applications available for downloading on the Websites pursuant to the Terms. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms. You acknowledge that the Materials and Websites are protected by copyrights, trademarks, patents and other proprietary rights owned by DSI and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Materials, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws. Except as expressly provided herein, DSI does not grant you any express or implied rights in or to the Materials and/or the Websites, and all right, title and interest that DSI has in the Materials and/or the Websites not explicitly granted to you by DSI or its licensors are retained by DSI or its licensors, respectively. No Materials may be modified, copied, adapted, reverse engineered, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, transferred, licensed or sold in any form or by any means, in whole or in part, without DSI’s or its licensors' prior written permission, except that the foregoing does not apply to your own posted submissions. DSI hereby grants you a personal, non-exclusive, non-transferable, non-sub licensable, limited license to access and use the Websites, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Materials and/or the Websites.
The Materials remain the property of DSI or its licensors, as applicable. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By viewing and or acquiring or using the Materials, you agree to any such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by these Terms and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of DSI or its licensors, if applicable. If you download software/games/applications from a Website, each such software/game/application is licensed on a limited basis to you by us or by the owner of such software/game/application, and you must comply with any license agreement included with or displayed by such software/game/application. Title to any such software/ application is not transferred to you. You may own the medium on which the software/application is recorded, but we retain all right, title and interest in and to the software/game/application, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the software/application to a human-perceivable form or transfer the software/ application to any third party. Should there be any conflict between the license agreement for such Materials (including software/applications) and the Terms, the license agreement will control.3. Your Information/Usernames & PasswordsThe access to certain areas of or participate in certain activities contained on the Websites, is free. From time to time, we may require you to provide us with certain personal information about you (e.g., your name and e-mail address).Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your access to and use of any of the Websites (or any portion thereof) or your participation in any activity contained on the Website. In order to access certain areas of, or participate in certain activities contained on, any of the Websites, we may require you to create a user account and select a username and password. If you create a user account, you agree to provide DSI current, complete, true and accurate information, and to update this information should it change. DSI has the right to suspend or terminate your user account and refuse any and all current or future use of the Websites (or any portion thereof) and remove any content you have posted thereon, including content made available to other users. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, may cause confusion or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and DSI reserves the right to revoke and/or reassign that username in its sole discretion.You understand and agree that DSI reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in DSI's sole discretion.You are entirely responsible for maintaining the confidentiality of your USERNAME and password and for any and all activities ( SITE ITEMS, OR SERVICES ON ANY OF THE WEBSITES, AS APPLICABLE) that ARE CONDUCTED through THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. You are responsible for the confidentiality and use of your account, including your username and password and agree not to transfer or resell your right to use or access to the Websites or participate in any activities contained on the Websites to any third person or party. If you have reason to believe that your username or password is no longer secure, you must promptly change your password by visiting the Websites, THIS IS YOUR RESPONSBILITY.You may not use anyone else's user account at any time and you may not allow anyone else to use your account at any time. You agree that DSI will not be liable for any loss you may incur as a result of someone else using your username and/or password, either with or without your knowledge, and you further agree that you will be liable for losses incurred by DSI or another party due to someone else using your account information. Because of this, DSI strongly recommends that you exit from your account at the end of each session.If and when we make products or services available for purchase, access or license, you agree to pay all fees or charges incurred by your account, including applicable taxes, in accordance with the Terms and the billing terms that are in effect at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. DSI may add new products and services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in our sole discretion.You represent to DSI that you are an authorized user or an authorized user of the chosen method of payment used to pay all fees you incur plus all applicable taxes. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.
4. Code of ConductWhile using and or accessing any of the Websites and/or Materials, including on or in any Submissions (as defined below), postings or ratings, you agree to follow our community standards set forth below (the "Community Standards"), and agree not to:create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are an DSI official or representative, message board moderator, guide, another user or host or that you are a celebrity or public figure;create any posts, user names, or subject lines containing profanity, sexually graphic or offensive language, including any uses of characters such as \@#$% to replace letters;post or transmit any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, insightful, racist or otherwise objectionable;engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, insightful or otherwise objectionable behavior; all such behavior may be reported to the authorities;use any of the Websites or Materials for any unlawful purpose or in any manner not intended by DSI or as contemplated in the Terms or on any Website;suggest, illicit or encourage any illegal activity;submit content, materials or Submissions that are subject to intellectual property protection, including without limitation, copyright, trademark or patent rights, or otherwise subject to third party proprietary rights, including without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner of such rights to post said content, material or Submission and to grant us all of the license rights necessary to transmit or maintain such content, material or Submission on or through any of the Websites;transmit: (a) any content or information that infringes DSI’s or any third party's intellectual property or other rights;
(b) any material, non-public information about companies without the express authorization to do so;(c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, SPAM or communication (except as otherwise expressly permitted in writing by DSI);institute an attack upon any server used in connection with any of the Websites or any portion thereof or otherwise attempt to disrupt such servers, including without limitation, by hacking into such servers or any applications hosted thereon;restrict or inhibit any other user from using and enjoying any of the Websites, including without limitation, by disrupting the flow of Forums with vulgar or obscene language, abusiveness, bullying, grieving, "spamming" or "flooding" (continuous posting repetitive text);use any robot, spider, scraper or other automated means to access any of the Websites or Forums for any purpose without DSI's express prior written permission;transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of any of the Websites or Materials;"frame" or "mirror" any part of any Website without our prior written authorization;transmit, post or otherwise make available any material or Submissions regarding hacking, cracking, exploiting or otherwise making use of any of the Websites or the Materials, including without limitation, how to falsify Site Items or Virtual Currency balances, in any manner;attempt to obtain passwords, other account information or any other private information from any other user of any of the Websites, including without limitation, the collection personal information about others, such as email addresses or geo-locations;harvest or collect information about users of the Websites without their express consent; orassist or permit any persons in engaging in any of the activities described in this listing.While using the Website or Materials, you agree to comply with these and all Community Standards, as well as all applicable laws, rules and regulations. DSI has the sole discretion to delete, suspend, terminate, block usage or close your user account, with or without prior notification to you, for any violation of the Community Standards.
DSI is neither responsible nor liable for any part of such dealings or promotions.
6. Forums & SubmissionsPlease note that, DSI (and our designees) may hosts ratings, message boards, tweets, text messages and other forums or areas where third parties and users can post information on or to the Websites (collectively, the "Forums") and, therefore, may redistribute materials you give to us or upload/post to the Websites, we require certain rights in those materials. Accordingly, by sending, posting or transmitting to DSI photos, graphics, creative suggestions, ideas, notes, concepts, information, ratings or other materials (collectively, "Submissions") or by posting such Submissions to any area of the Websites, you grant DSI and our designees a worldwide, non-exclusive, sub licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You must not transmit any Submission to or through the Websites or to DSI that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.You acknowledge and agree that your communications with other users via the Forums are public and not private communications, and that you have no expectation of privacy concerning you use of the Forums. You acknowledge that personal information that you communicate via the Forums may be seen and used by others and may result in unsolicited communications; therefore, DSI strongly encourages you not to disclose any personal information about yourself in your communications. DSI is not responsible for information that you choose to communicate to other users via the Forums or Submissions.You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Websites or Forums by third persons or parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of DSI. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in Submissions or for any results obtained from the use of any such statements or information.
Under no circumstances will DSI or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Websites. We have no obligation to monitor the Websites, the Forums or any Submissions or other materials that you or other third persons or parties transmit or post on the Websites or the Forums. You acknowledge and agree that DSI has the right (but not the obligation) to do any or all of the following, at its sole discretion: (a) alter, remove or refuse to post or allow to be posted or stored any Submission or message; (b) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (c) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the DSI Websites to (i) protect DSI and its sponsors, employees, officers, directors, shareholders, agents, representatives, affiliates, users and visitors; (ii) to comply with legal obligations or governmental requests; (iii) to enforce these Terms; or (iv) for any other reason or purpose.By posting a Submission you represent and warrant ;(A) that you own or otherwise control all of the rights to your Submission, including without limitation, all copyrights;
7. Compliance with Applicable LawsDSI reserves the right at all times to disclose any information as DSI deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
8. AcknowledgementsYou hereby agree and acknowledge that: (a) DSI has the right to obtain without notification to you certain information about your computer or software, including without limitation, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (b) DSI has the right to obtain without notification to you non-personal information from your connection to the Websites for demographic purposes; and (c) DSI has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use "hacks." The information obtained in this Section may be used for the purpose of identifying persons or entities not in compliance, or believed by DSI to not be in compliance, with the Terms or with other DSI rules, policies, notices and/or agreements.You acknowledge and agree that you (and not DSI) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any service provided by DSI, including without limitation, the Websites, and paying all charges related thereto. You also acknowledge that you are responsible for obtaining and maintaining your access to any website through which you access DSI's products or services, including the Websites.
9. Claims of Copyright InfringementThe Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by DSI infringe your copyright (for example, materials posted by DSI), you (or your agent) may send us a notice requesting that the material be removed or that access to it be blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed by DSI against you, the DMCA permits you to send DSI a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to DSI. ALL INQUIRIES DIRECTED TO DSI WILL BE ANSWERED.
10. Ownership and Restrictions on UseThe Websites and Materials (and any intellectual property and other rights relating thereto) are and will remain the property of DSI. The Websites and Materials, and the selection, compilation, collection, arrangement and assembly thereof, are protected by U.S. and international copyright, trademark and other laws and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Websites in any way without our prior written permission. The Websites and Materials may be used solely to the extent necessary for your authorized use of the Websites, as provided in the Terms or as expressly authorized in writing by DSI. Modification of any of the Websites or Materials or use of the Materials for any purpose not expressly allowed hereunder may be a violation of copyright and/or other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in or to any of the Websites or the Materials by using any of the Websites or the Materials. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY MATERIALS OR ANY OR ALL OF THE WEBSITES, OR ANY PARTS THEREOF, IS PROHIBITED. Except as expressly provided in a separate license agreement, DSI and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information.
11. TrademarksThe trademarks, logos and service marks displayed on the Websites (collectively the "Trademarks") are the registered and unregistered trademarks of DSI, its subsidiaries and affiliates, its licensors and vendors and other third parties. The Trademarks owned by DSI and its subsidiaries and affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not DSI's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages DSI. Nothing contained on the Websites should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark without the express written permission of DSI or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and DSI will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
12. Use & AccessYOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE WEBSITES, REGISTER FOR AN ACCOUNT, OR TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR TO ANY FORUM. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. By accessing, using and/or submitting information to or through any of the Websites, you represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms.UNDER 18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S REGISTRATION AND OR USE OF THE WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE WEBSITES.
14. Jurisdictional IssuesRegardless of the language used thereon, each of the Websites is directed for use by only United States citizens or individuals residing in the United States. We make no representation that the Websites or the Materials available thereon are appropriate or available for use in any other geographic locations other than the United States. Those who choose to access or use any of the Websites, or any Materials thereon, from any other locations do so on their own initiative and at their own risk and are responsible for their own compliance with local laws if and to the extent any local laws are applicable. Any software on the Websites is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. DSI reserves the right to limit the availability of the Websites and/or the provision of any service, Promotion, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, Promotion, program or other product that we provide.
15. User IdeasDSI does not accept or consider unsolicited ideas, including ideas for new programming, promotions, products, technologies or processes (collectively, "User Ideas"). You must not transmit any User Ideas to or through the Websites or to DSI through email that you consider to be confidential or proprietary, and any User Ideas shall be deemed non-confidential. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to DSI, including any concepts, know-how or ideas, you hereby grant DSI a perpetual, worldwide, non-exclusive, royalty-free, sub license and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Ideas in connection with the Websites and DSI's (and its successor's) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or to others.
16. TerminationYour ability to access and use the Websites and Materials will remain effective until terminated in accordance with the Terms. DSI may suspend, terminate, modify or delete your access with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation of the Terms. For example, your access may be deleted and terminated without warning (a) if DSI believes, in its sole discretion, that you are under 13 years of age; (b) if you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or (c) if DSI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to use the Websites will immediately cease, and you shall destroy all Materials obtained from the Websites and all copies thereof, whether made in accordance with the Terms or otherwise. In addition to its termination rights, DSI also reserves the right to refuse service to anyone and to remove content or Materials for any reason whatsoever in its sole discretion, including without limitation, if DSI becomes aware that you are a convicted sex offender.
17. DisclaimersTHE WEBSITES, THE MATERIALS AND ANY AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DSI AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DSI AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES (OR ANY PART THEREOF INCLUDING THE MATERIALS AND SUBMISSIONS), THE SERVER(S) ON WHICH THE WEBSITES ARE HOSTED OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF DSI OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU’RE USE OF THE WEBSITES AND ANY MATERIALS AND SERVICES PROVIDED THROUGH THE WEBSITES ARE ENTIRELY AT YOUR OWN RISK.
18. InaccuraciesA possibility exists that the Websites (including the Materials and Submissions) could include inaccuracies, errors or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Websites. Although DSI attempts to ensure the integrity of the Websites, we make no guarantees as to any Website's completeness or correctness. In the event that a situation arises in which a Website's completeness or correctness is in question, please contact us (with the subject line "Inaccuracies in Website") with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
19. Limitation of LiabilityNEITHER DSI NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR MATERIALS CONTAINED ON THE WEBSITES, SUBMISSIONS, ANY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO DSI FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO DSI, IF ANY, TO ACCESS OR USE THE WEBSITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND DSI OR A REPRESENTATIVE OF DSI CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
20. IndemnificationYou agree to indemnify, defend and hold harmless DSI, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys' fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) your breach (including through use of your username, whether or not by you) of the Terms, including any violation of Community Standards; (b) any allegation that any Submission or other information you submit to us or transmit to the Websites or DSI infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (c) your access to and use of the Websites; and/or (d) any claim that one of your postings or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
21. Notice for California UsersUnder California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
22. System OutagesDSI may periodically schedules system downtime for the Websites for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that DSI has no responsibility and is not liable for: (a) the unavailability of any Website; (b) any loss of materials, data, Site Items or any other information or materials caused by such system outages; (c) the resultant delay, wrongly delivery or non-delivery of data, Site Items or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting any of the Websites, any Internet service provides or any Internet facilities and networks.
23. Statute of LimitationsAny claim or cause of action arising out of or related to use of the Websites, the Materials or the Terms must be filed within 1 year after such claim or cause or action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action will be forever barred.
24. Choice of Law/VenueThe Terms are solely governed by and construed in accordance with the laws of the State of Florida, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and DSI relating to the Websites that involve a claim of less than $5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association ("AAA"). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and DSI agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (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 may be entered in any court of competent jurisdiction. Any disputes between you and DSI relating to the Website that involve a claim of more than $5,000 are subject to the exclusive jurisdiction of the Federal and State courts located in Dade County, Florida, United States of America, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.Please Note, by agreeing and accepting these Terms, you explicitly agree that any claims or actions that you may otherwise have against DSI under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States.
25. Mobile TermsThe Websites may include apps and website versions designed for mobile content that may be viewed on phones, tablets and other mobile devices (the "Mobile Sites"). In order to use the Mobile Sites, you must have your own wireless mobile device and wireless through Wi-Fi. All costs are your responsibility and you hold harmless DSI and its affiliates from any obligation, financial or operational charges that you incur from your mobile service provider for your use of the Mobile sites.Certain services may require SMS (text messaging) capability. You may subscribe to receive, from time to time, text messages from DSI. You can unsubscribe at any time from any mobile messages by texting "STOP”. You agree that you are solely responsible for all Message & Data charges that you incur from your mobile service provider for your use of the Mobile Sites. These charges may include standard and premium SMS charges and may be a one-time or reoccurring charge. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. DSI is not liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with SMS services may include your mobile phone number, your carrier's name and the date, time and content of your messages. We may use this information to contact you and to provide the services and subscriptions that you request from us.
26. NoticesAll notices required or permitted to be given under this Agreement must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, to Doral Studios. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express, on the second business day after deposit with the service.
27. MiscellaneousIf any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and DSI relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms are not assignable, transferable or sub licensable by you except with DSI's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. DSI's performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of DSI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by with respect to such use.
DORAL STUDIOS INC. D/B/A RCTelevision