DTM Media GroupTerms of Use
Updated as of June 16, 2008
1. DTM Website
By using or visiting this website (collectively, including all content and functionality available through the YSL.com domain name, the “DTM Website”, or “Website”), you signify your agreement to the DTM Website Terms of Use and related Privacy Policy hereby incorporated by reference. This agreement shall apply to all users of the DTM Website and with viewing access to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and other programming (the “Content”). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this agreement.
2. DTM Subscriber Accounts
DTM will provide you with a password and account designation upon completing DTM’s registration process. 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 DTM of any unauthorized use of your password or account, and (b) ensure that you exit from your account at the end of each session. DTM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section Although DTM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DTM or others due to such unauthorized use.
3. General Use of the Website—Permissions and Restrictions
DTM hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that you agree: (i) not to distribute in any medium any part of the Website or Content without DTM’s prior written authorization; (ii) not to alter or modify any part of the Website and Content; and (iii) not to use the Website and Content without the prior written authorization of DTM. DTM reserves the right to discontinue any aspect of the DTM Website at any time.
4. User Submissions and Conduct
As a DTM account holder you may submit video content (”User Videos”) and textual content (”User Comments”). User Videos and User Comments are collectively referred to as “User Submissions.” The submissions are subject to the following restrictions:
a. 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: you own or have the necessary licenses, rights, consents, and permissions to use and authorize DTM to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
b. You understand that whether or not such User Submissions are published, DTM does not guarantee any confidentiality with respect to any User Submissions.
c. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to DTM, you hereby grant DTM a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the DTM Website and DTM’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the DTM Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the DTM Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the DTM Service. You understand and agree, however, that DTM may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
d. 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 DTM all of the license rights granted herein.
e. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the DTM Guidelines which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
f. DTM does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DTM expressly disclaims any and all liability in connection with User Submissions. DTM does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DTM will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. DTM reserves the right to remove Content and User Submissions without prior notice.
5. Account Termination Policy
You agree that DTM may immediately terminate your DTM account and access to the Website and Content without prior notice for the following reasons: (i) breaches or violations of these Terms of Use, as such may be modified from time to time, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated termination), (d) discontinuance of the Content, (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, or (vi) nonpayment of any fees owed by you in connection with the Content. Termination of your DTM account includes (a) removal of access to the Content, and (b) deletion of your password and all related information, files and Content associated with your account. Further, you acknowledge and agree that any termination shall be made in DTM’s sole discretion and that DTM shall not be liable to you or any third party for any termination of your account or access to the Content.
6. External Links
DTM has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party websites. In addition, DTM will not and cannot censor or edit the Content of any third-party site. The DTM Website may contain links to third party websites that are not owned or controlled by DTM. By using the Website, you expressly relieve DTM from any and all liability arising from your use of any third-party website. DTM’s website(s) for access to the Content may provide links to other sites on the Internet, including League sites. Because DTM has no control over such other sites, you acknowledge and agree that DTM is not responsible for the availability of such sites, and does not endorse and is not responsible or liable for any information, advertising, products or other materials on or available from such sites. You further acknowledge and agree that DTM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site. DTM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DTM WEBSITE OR ANY HYPERLINKED WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DTM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
7. Independent Contractor Relationship
DTM is an independent contractor of, and is not affiliated in any other party featured in the Content.
8. DTM’s Proprietary Rights
You acknowledge and agree that the Content, the DTM Website, and the trademarks, service marks and logos contained therein (”Marks”), contain proprietary and confidential information that are owned by or licensed to DTM. Content on the Website is protected by applicable intellectual property and other laws. Except as expressly authorized by DTM, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, in whole or in part. You agree not to access the Content by any means other than as authorized in the Subscriber Agreement. The Content is provided to you AS IS for your information and personal use only and may not be downloaded, 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. DTM reserves all rights not expressly granted in and to the Website and the Content. For purposes of these Terms of Use, “streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the DTM Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Content for any purpose or in any manner other than Streaming is expressly prohibited. DTM reserves all rights not expressly granted in and to the DTM Content and the Subscriber Agreement.
9. License to Use Content
The Content represents copyrighted and other protected intellectual property works owned by DTM. You are hereby granted a personal, nontransferable, limited license under the copyrights and other intellectual property rights for personal viewing in the United States of any properly accessed or DVD provided games or any portion thereof. No transfer of ownership or other ownership rights are conveyed by this license or other Terms and Condition of this Agreement. This license specifically excludes and you are prohibited from displaying, reproducing, duplicating, copying, distributing, selling, trading, reselling, posting or re-posting, modifying or exploiting in any way for any public or commercial purposes, any portion of the Content or access to the Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the DTM Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DTM Website or the Content therein.
10. Changes to Content
DTM reserves the exclusive right at any time and from time to time to modify or discontinue, temporarily or permanently, the Content (or any part thereof) with or without notice. You agree that DTM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Content.
11. Warranty Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND PROGRAMMING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DTM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DTM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS MAKE NO WARRANTY MAKES NO REPRESENTATION THAT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (i) THE MINIMUM NUMBER OF SPORTING EVENTS THAT WILL BE MADE AVAILABLE VIA THE PROGRAMMING; (ii) THE PROGRAMMING OF ANY SITES LINKED TO THIS SITE, (iii) THE PROGRAMMING BEING UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iv) THE QUALITY OF THE PROGRAMMING MEETING YOUR EXPECTATIONS; (iv) ANY ERRORS, MISTAKES, OR INACCURACIES OF PROGRAMMING; (v) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR PROGRAMMIN; (vi) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (vii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (viii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (ix) ANY ERRORS OR OMISSIONS IN ANY PROGRAMMING OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PROGRAMMING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS CONTAINED IN SECTION MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
12. Limitation of Liability
IN NO EVENT SHALL DTM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE WEBSITE OR PROGRAMMING, INCLUDING ANY ACTS OR OMISSIONS DISCLAIMED IN THE WARRATIES ABOVE, 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.
13. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing our Copyright Agent 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;
• 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.
DTM’s designated Copyright Agent to receive notifications of claimed infringement is:
Juan Guillen, ___________________________________.
14. Indemnity
You agree to defend, indemnify and hold harmless DTM, its parent corporation, 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: (i) your use of and access to the DTM Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DTM without restriction.
16. General.
The Terms of Use, together with the Privacy Policy, Rate Tables and any applicable Subscriber Agreement, constitutes the entire agreement between you and DTM and governs your access to and use of the Content and Website, superseding any prior agreements between you and DTM with respect to the Content or Website. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement. DTM may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail or postings on its website. DTM reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the DTM Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that: (i) the DTM Website shall be deemed solely based in New York; and (ii) the DTM Website shall be deemed a passive website that does not give rise to personal jurisdiction over DTM, either specific or general, in jurisdictions other than New York. The Terms of Use, Privacy Policy and Subscriber Agreement governing the relationship between you and DTM shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Any claim or dispute between you and DTM that arises in whole or in part from the DTM Website shall be decided exclusively by a court of competent jurisdiction located in Newark, , New York. The failure of DTM to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the other provisions of these Terms of Use remain in full force and effect. The section headings in the Terms of Use are for convenience only and have no legal or contractual effect. YOU AND DTM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DTM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.