Effective Date: 8/26/16
- Content Ownership; Limited License; Restrictions. You acknowledge that the DMTR Website/Services contains, or may in the future contain, content, including, without limitation, media and materials, software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, copyrights, logos, domain names, trade names, service marks, patents and all copyrightable or otherwise legally protectable material (including source and object code) and/or any other form of intellectual property, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (collectively, “Content“) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. DMTR or its partners and affiliates own, have been licensed and/or retain all proprietary rights to the DMTR Website and the Content. Unless the context clearly requires otherwise or we explicitly say so in writing, the terms” DMTR Website” and “DMTR Websites/Services” includes “Content” as well.
- Communication Services. The DMTR Web Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services “). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By using the Communication Services on the DMTR Web Sites, you expressly agree to adhere to the prohibitions herein. We reserve the right to remove or edit content from the Communication Services at any time and for any reason. By uploading materials to any forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
When participating in the Communication Services, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in the Communication Services may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information. DMTR has no obligation to monitor the Communication Services. However, DMTR reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion at any time, without notice, for any or no reason whatsoever. DMTR reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any or no reason whatsoever. DMTR reserves the right at all times to disclose any information as DMTR deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DMTR’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. DMTR does not control or endorse the content, messages or information found in any Communication Service and, therefore, DMTR specifically disclaims, and you hereby agree to release and hold DMTR harmless from, any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DMTR spokespersons, and their views do not necessarily reflect those of DMTR. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
- defame, abuse, harass, harm or threaten others;
- make any bigoted, hateful, or racially offensive statements;
- advocate illegal activity or discuss illegal activities with or without the intent to commit them or cause injury or property damage to any person;
- post or distribute any material that infringes and/or violates any right of a third party or any law;
- post or distribute any material that you do not have a right to transmit either by law or under a contractual or fiduciary agreement or other arrangement;
- post or distribute any vulgar, obscene, discourteous, or indecent language or images;
- do anything that is, or can be considered, harmful to minors in any way;
- advertise or sell to or solicit others;
- use the DMTR Web Sites or Communication Services for commercial purposes of any kind;
- post or distribute any software or other materials that contain a virus or other harmful component;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- post material or make statements that do not generally pertain to the designated topic or theme of any Communication Service;
- restrict or inhibit any other user from using and enjoying the services or features of the DMTR Web Sites/Services;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the DMTR Web Sites;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- use the DMTR Web Sites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the DMTR Web Sites or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the DMTR Web Sites;
- divert users to another site or prohibited diversion of traffic to another site;
- gain, or attempt to gain, unauthorized access to the DMTR Web Sites, or any account, computer system, or network connected to the DMTR Web Sites, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
- do anything that might affect us adversely or reflect negatively on us, the DMTR Website/Services, the “marks” (as defined below) and/or the Content, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the DMTR Website/Services, or from advertising, linking or becoming a partner with us;
- do anything that is in violation of any applicable local, state, federal and/or international law;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the DMTR Web Sites; or
- gather and/or share for marketing purposes any email addresses or other personal information that has been posted by other users of the DMTR Web Sites.
- Materials Provided To DMTR Or Posted At Any DMTR Web Site. DMTR does not claim ownership of the materials you provide to DMTR or post, upload, input or submit to any DMTR Site/Service or its associated services for review by the general public, or by the members of any public or private community, including, without limitation, any information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (each a “Submission” and collectively “Submissions“). However, by posting, uploading, inputting, providing or submitting (“Posting“) your Submission, you are granting DMTR, its affiliated companies and necessary sublicensees and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any such Submission (in whole or in part and with or without the use of your name) worldwide and/or to incorporate such Submission in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights that may exist in such Submission in connection with the operation of their businesses (including, without limitation, all DMTR Web Sites/Services), including, without limitation, the license rights to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a DMTR Site/Service. No compensation will be paid with respect to the use of your Submission, as provided herein. DMTR is under no obligation to post or use any Submission you may provide and DMTR may remove any Submission at any time in DMTR’s sole discretion for any or no reason with or without prior notice.
- Notifications Of Material That Violates Third Party Rights. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the DMTR Website and to promptly end any infringement that might occur. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. We reserve the right to terminate membership and/or user privileges of any member or user who we believe infringes upon the intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the owner of a copyright or other proprietary rights or an agent thereof and believe that any Submission or other content infringes upon your rights, you may submit a notification by providing us with the following information in writing:
- 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 right claimed to have been infringed;
- 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 DMTR to locate the material;
- information reasonably sufficient to permit DMTR 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 owner of such rights 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.
If your Submission was removed and you believe it was not infringing or offensive, you may send a counter-notice containing the following information to DMTR:
- your physical or electronic signature;
- identification of the content that has been removed and the location at which the content appeared before it was removed;
- a statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of any federal court in the Commonwealth of Pennsylvania and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, DMTR may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice, at DMTR’s sole discretion.
- DISCLAIMERS.THE DMTR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DMTR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO ANY IMPLIED WARRANTY OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY AND/OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, DMTR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THE DMTR WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE DMTR WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THE DMTR WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THE DMTR WEBSITE. DMTR MAKES NO WARRANTY THAT THE DMTR WEBSITE AND/OR ANY DMTR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
While we try to provide accurate information on the DMTR Web Sites, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the DMTR Web Sites or sites that link to or from the DMTR website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the DMTR website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please let us know if you discover any inaccuracy in our website content.
YOU ARE USING THE DMTR WEBSITE AND THE SERVICES WE PROVIDE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY INJURY TO YOU OR YOUR PERSONAL COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN THE DMTR WEBSITE OR FROM DOWNLOADING ANY MATERIALS OR CONTENT FROM THE DMTR WEBSITE.
WE MAKE NO WARRANTIES OR ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, SERVICES, CONTENT AND MATERIALS IN THE DMTR WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE DMTR WEBSITE.
- LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER DMTR NOR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES, LICENSORS, PARTNERS, SUBSIDIARIES, ASSIGNS, ADVERTISERS, SERVICE PROVIDERS, SUPPLIERS, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVEY, THE “RELEASEES“) WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (WHETHER DIRECT OR INDIRECT, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, IN DMTRENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF DMTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE) ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH (A) YOUR USE OR INABILITY TO USE THE DMTR WEBSITE AND/OR THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THE DMTR WEBSITE, (B) THE USE OF ANY CONTENT, MATERIAL OR SERVICES WE PROVIDE, (C) STATEMENTS OR CONDUCTS OF ANY MEMBER OR OTHER THIRD PARTY ON THE DMTR WEBSITE, OR (D) OR ANY OTHER MATTER RELATING TO OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE DMTR WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
DMTR will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay DMTR liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay DMTR’s actual damages, to the extent such actual damages can be reasonably calculated.
Any dealings with third parties (including without limitation producers, promoters, artists, ticketing companies, hotels, travel companies, advertisers, mobile application providers, etc.) included within the DMTR Web Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable third party. DMTR shall not be responsible or liable for any part of any such dealings or promotions.
- Wireless. You will only receive DMTR text alerts when you request them by entering a mobile promotion, which includes but is not limited to any contest, sweepstakes, or offer for products sponsored by DMTR or its affiliates. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will the Releasees be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion.
- Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to the products or services sold or distributed by us or through us, and any dispute or claim relating to the use of the DMTR Website will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Philadelphia County, Pennsylvania, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: DMTR2017, LLC, 1 South Broad St, Ste. 1710, Philadelphia, PA, 19107, Attn: Legal. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in Philadelphia County, Pennsylvania. In the event that the location of the Arbitration (Philadelphia County, PA) is for any reason held to be unenforceable, the Arbitration shall take place in person in the county where you live or at another mutually agreed location.
- Information for International Users. This website is operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
COPYRIGHTS / TRADEMARKS DMTR2017, LLC. All brands, names, logos, trade names, copyrights, service marks and trademarks and other distinctive identifications (collectively, the “marks”) on or of the DMTR Website/Services are owned by DMTR and/or its related entities, affiliates or partners or are used under license. All rights reserved. The marks are protected by copyright and trademark and you shall not use the marks, or any confusingly similar marks, for any purpose whatsoever without the express prior written consent of DMTR or otherwise as contemplated in this Agreement. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in the DMTR Website/Services are expressly prohibited.