1. Your Acceptance
2. DGMI Sites and Applications
3. Use of the DGMI Sites and Applications
- Your use of the DGMI Sites and/or Applications, as permitted, is solely for your personal, noncommercial use;
- You will not copy or distribute any part of the DGMI Sites and/or Applications in any medium, other than those facilitated by DGMI (e.g. sharing to Facebook, Twitter, etc. by using the “Share to Social Media” functionality provided by DGMI) without DGMI’s prior written authorization;
- You will not alter or modify any part of the DGMI Sites and/or Applications, other than as may be reasonably necessary to use the DGMI Sites and/or Applications for their intended purpose; and
- In order to access some features of the DGMI Sites and/or Applications, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DGMI immediately of any breach of security or unauthorized use of your account. Although DGMI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DGMI or others due to such unauthorized use.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the DGMI Sites and/or Applications in a manner that sends more request messages to the DGMI servers in a given period of time than a human can reason ably produce in the same period by using a conventional on-line web browser or mobile web browser. Notwithstanding the foregoing, DGMI grants the operators of public search engines permission to use spiders to copy materials from DGMI Sites and/or Applications (to the extent that they are discoverable by such technologies) for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DGMI reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the DGMI Sites and/or Applications, nor to use the communication systems provided by the DGMI Sites and/or Applications for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the DGMI Sites and/or Applications with respect to their User Submissions (see Section 5 below).
- Use the DGMI Sites for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person’s view, objectionable;
- Submit, transmit, promote or distribute information or content that is illegal;
- Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the DGMI Sites and/or Applications;
- Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Upload invalid data, viruses, worms, or other software agents through the DGMI Sites and/or Applications;
- Use any robot, spider, scraper or other automated access to the DGMI Sites and/or Applications for any purpose without our express written permission;
- Impersonate another person or otherwise misrepresent a User’s affiliation with a person or entity, conduct fraud, hide or attempt to hide User’s identity;
- Submit, upload, post, email, transmit or otherwise make available any information or content that a User does not have a right to make available, under any law or under contractual or fiduciary relationships;
- Interfere with the proper working of the DGMI Sites and/or Applications; or
- Bypass the measures we may use to prevent or restrict access to the DGMI Sites and/or Applications. Upon termination for any reason, each and every User continues to be bound by this Agreement.
4. Intellectual Property Rights
The content on the DGMI Sites and/or Applications, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to DGMI, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the DGMI Sites and/or Applications is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DGMI reserves all rights not expressly granted in and to the DGMI Sites and/or Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (see Section 5 below) of third parties obtained through the DGMI Sites and/or Applications for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the DGMI Sites and/or Applications or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DGMI Sites and/or Applications or the Content therein.
5. User Submissions
- DGMI Sites and/or Applications may now or in the future permit the submission of images, sounds, videos or other communications submitted by you and other Users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, DGMI does not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
- In connection with User Submissions, you further agree that you will not:
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DGMI all of the license rights granted herein;
- Publish falsehoods or misrepresentations that could damage DGMI or any third party;
- Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Post advertisements or solicitations of business;
- Impersonate another person.
- DGMI does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DGMI expressly disclaims any and all liability in connection with User Submissions. DGMI does not permit copyright infringing activities and infringement of intellectual property rights on the DGMI Sites and/or Applications and DGMI will remove all Content and User Submissions if properly notified that such Content infringes on another’s intellectual property rights.
- In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Legal Department with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- 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
- 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.
- The appropriate address to which such notifications of claimed infringement should be sent is:
Attn: Legal Department
DGMI Solutions, LLC
4804 Laurel Canyon Blvd., Suite #537
Valley Village, CA 91607
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
- You understand that when using the DGMI Sites and/or Applications, you will be exposed to User Submissions from a variety of sources, and that DGMI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge 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 DGMI with respect thereto, and agree to indemnify and hold DGMI, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Sites and/or Applications.
- DGMI permits you to link to your own User Submissions hosted on the DGMI Sites and/or Applications or User Submissions of other third parties available on the DGMI Sites and/or Applications, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and DGMI does not guarantee that their availabil ity will be uninterrupted or bug free. DGMI reserves the right to discontinue any aspect to the DGMI Sites and/or Applications at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
6. Opt Out
We may use your information to notify you of important changes to the DGMI Sites, Applications, services, and special offers. If you do not want to receive such notices, you may use the following options to opt out of receiving future communications:
- Send an email message to firstname.lastname@example.org with the word “Remove” in the subject field; or
- Send regular mail, with an enclosed instruction to remove your email address (please legibly include the email address that you are requesting we remove) from our email list, to the following postal address:
Attn: Legal Department – REMOVE
DGMI Solutions, LLC
4804 Laurel Canyon Blvd., Suite #537
Valley Village, CA 91607
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE DGMI SITES AND OR APPLICATIONS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DGMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DGMI SITES AND/OR APPLICATIONS AND YOUR USE THEREOF. DGMI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DGMI SITES AND/OR APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DGMI SITES AND/OR APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE DGMI SITES AND/OR APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DGMI SITES AND/OR APPLICATIONS. DGMI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DGMI SITES, APPLICATIONS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DGMI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL DGMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DGMI SITES AND/OR APPLICATIONMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DGMI SITES AND/OR APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DGMI SITES AND/OR APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DGMI SITES AND/OR APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DGMI SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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. The DGMI Sites and Applications are controlled and offered by DGMI from its facilities in the United States of America. DGMI makes no representations that the DGMI Sites and/or Applications are appropriate or available for use in other locations. Those who access or use the DGMI Sites and/or Applications from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless DGMI and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the DGMI Sites and/or Applications;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that one of your User Submissions caused damage to a third party.
- Governing Law. You agree that: