(LAST UPDATED March 1, 2014)
When using the DW Service, You will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the "Policies"). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms of Service and any other document that has been incorporated by reference herein, these Terms of Service shall control.
DW reserves the right, at DW' discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the DW Service. Please check these Terms and any Policies periodically for changes. Your continued use of the DW Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the DW Service.
1. Ownership of Materials; Limited License
1.1 The data and materials on the DW Service, except the Produced Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the DW Service (collectively, the "Materials") are the intellectual property of DW, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with DW, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to DW or its affiliates and/or third party licensors. Except as expressly authorized by DW, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. DW reserves all rights not expressly granted in and to the DW Service and the Materials.
1.2 Subject to your compliance with the terms and conditions set out in these Terms, DW hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the DW Service for the non-commercial viewing of authorized LinearTV (as defined below).
2. Incorporation by Reference
2.1 Except if you sign up for a DW Premium account as specified in Section 2.2, below, by signing up for a DW account or otherwise using the DW Service to upload or display your Produced Content, you are also bound by the DW Free Producer Terms (the DW free service sometimes referred to as "DW Free"). The DW Free Producer Terms are hereby incorporated by reference.
3. Produced Content
3.1 "LinearTV" as used herein means a method of displaying streaming video content that is viewed simultaneously or nearly simultaneously by all viewers of such streaming video content. The DW Service provides a system and method for Users to produce and distribute authorized live and prerecorded audiovisual content (the "Audiovisual Content") in a LinearTV fashion. The DW Service permits its Users to create, upload and/or display content of their own creations, including Audiovisual Content, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text (collectively, "Produced Content"). Produced Content, which aggregates Audiovisual Content in a LinearTV fashion and is distributed via the DW Service (in accordance with the terms herein) shall sometimes be referred to as a "Channel".
3.2 You understand that when using the DW Service, you will be exposed to Produced Content from a variety of sources, and that DW is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Produced Content or other content. You further understand and acknowledge that you may be exposed to Produced Content that is 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 DW with respect thereto. DW does not endorse any Produced Content or any opinion, recommendation, or advice expressed therein, and DW expressly disclaims any and all liability in connection with the Produced Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST DEVELOPING WINGS, INC. WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD DEVELOPING WINGS, INC., ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR CONTENT AND END USER CONTENT AND USE OF THE DEVELOPING WINGS, INC. SERVICE.
3.3 DW permits you to link to the DW Service for personal, non-commercial purposes only.
4. Prohibited Uses
YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT (AND THE FOLLOWING SHALL SOMETIMES BE REFERRED TO AS "PROHIBITED USES"):
(I) UPLOAD TO OR CREATE ON THE SITE ANY PRODUCED CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS);
(II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE DEVELOPING WINGS, INC. OR ANY THIRD PARTY;
(III) POST, UPLOAD TO, OR CREATE ANY PRODUCED CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, 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, IN DEVELOPING WINGS, INC.' SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE;
(IV) UNLESS YOU HAVE SUCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR A DEVELOPING WINGS, INC. Premium ACCOUNT, POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS;
(V) IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE DEVELOPING WINGS, INC. SERVICE ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTIT, OR CONTENT OF INFORMATION TRANSMITTED VIA THE DEVELOPING WINGS, INC. SERVICE, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
(VI) USE THE DEVELOPING WINGS, INC. SERVICE FOR ANY PURPOSE OTHER THAN TO ACCESS THE DEVELOPING WINGS, INC. SERVICE AS SUCH SERVICES ARE OFFERED BY DEVELOPING WINGS, INC.;
(VII) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE DEVELOPING WINGS, INC. SERVICE OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OR ANOTHER USER'S PRODUCED CONTENT;
(VIII) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRBUTE OR OTHEWISE TRANSFER THE LICENSES GRANTED HEREIN OR ANY MATERIALS. FOR CLARITY, YOU MAY NOT ASSIGN, SELL, OR TRANSFER ANY OF YOUR LINEARTV CHANNELS.
(IX) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE DEVELOPING WINGS, INC. SERVICE OR ANY THIRD PARTY CONTENT;
(X) MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE DEVELOPING WINGS, INC. SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, CHARITY REQUESTS, AND PETITIONS FOR SIGNATURES;
(XI) USE THE DEVELOPING WINGS, INC. SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
(XII) DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE DEVELOPING WINGS, INC. SERVICE, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, THIRD PARTY PRODUCED CONTENT, OR OTHER CONTENT ON THE DEVELOPING WINGS, INC. SERVICE FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, THE MATERIALS, THIRD PARTY PRODUCED CONTENT AND OTHER CONTENT AVAILABLE ON THE DEVELOPING WINGS, INC. SERVICE IS FOR PERSONAL, NON-COMMERCIAL USE ONLY;
(XIII) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE DEVELOPING WINGS, INC. SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(XIV) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE DEVELOPING WINGS, INC. SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(XV) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE DEVELOPING WINGS, INC. SERVICE OR ANY USER'S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, AARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE;
(XVI) TAKE ANY ACTION THAT MAY UNDERMINE DEVELOPING WINGS, INC. RATING AND COMMENT SYSTEM (SUCH AS DISPLAYING, IMPORTING OR EXPORTING INFORMATION OFF THE DEVELOPING WINGS, INC. SERVICE, USING INFORMATION ON THE DEVELOPING WINGS, INC. SERVICE FOR PURPOSES UNRELATED TO THE DEVELOPING WINGS, INC. SERVICE, OR IMPROPERLY MANIPULATING OR USING THE RATINGS AND COMMENT SYSTEM);
(XVII) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN DEVELOPING WINGS, INC.'S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON DEVELOPING WINGS, INC.' INFRASTRUCTURE;
(XVIII) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE DEVELOPING WINGS, INC. SERVICE OR ANY ACTIVITIES CONDUCTED ON THE DEVELOPING WINGS, INC. SERVICE;
(XIX) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES DEVELOPING WINGS, INC. MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE DEVELOPING WINGS, INC. SERVICE;
(XX) UNLESS YOU HAVE SUCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR A DEVELOPING WINGS, INC. SERVICE Premium ACCOUNT, UPLOAD OR POST ANY PRODUCED CONTENTS THAT CONTAIN ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY DEVELOPING WINGS, INC.; OR
(XXI) REGISTER MORE THAN FIVE (5) ACCOUNTS AND/OR TEN (10) LINEARTV CHANNELS.
You agree that DW, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with DW or your use of the DW Service and remove and discard all or any part of your account, User profile, and any Produced Content, at any time. DW may also in its sole discretion and at any time discontinue providing access to the DW Service, or any part thereof (including without limitation all Materials), with or without notice. You agree that any termination or suspension of your access to the DW Service or any account you may have or portion thereof may be effected without prior notice, and you agree that DW will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies DW may have at law or in equity. As discussed herein, DW does not permit copyright infringing activities on the DW Service, and shall be permitted to terminate access to the DW Service, and remove any Produced Content or other content submitted by any Users who are found to be repeat infringers. Should DW terminate this Agreement for convenience prior to the completion of any particular subscription period, your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 3, 4, 5, 6, and 9-23.
6. Copyright infringement notification
6.1 If you are a copyright owner or an agent thereof (the "Copyright Owner") and believe that any content on the DW Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA"). This notification of claimed infringement must be a written communication provided to the designated agent of DW that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DW to locate the material.
(iv) Information reasonably sufficient to permit DW to contact the Copyright Owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright Owner may be contacted.
(v) A statement that the Copyright Owner has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
6.2 DW registered designated copyright agent to receive notifications of claimed infringement is: Ms. Roxane Rinard. His contact information is as follows:
Roxane A Rinard
72226 Topsseh Lane
Arlee, Montana 59821
6.3 Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to DW customer service at Roxane Rinard, 72226 Topsseh Lane, Arlee, Montana, USA. Any notification of claimed infringement that does not comply with the DMCA's requirements, is invalid.
6.4 If you receive notice from DW that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide DW with a counter notification. To be valid, a counter notification must be a written communication provided to DW designated agent as mentioned in section 6.2 that includes substantially the following:
(i) Your physical or electronic signature.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the jurisdiction of the Federal District Court for the Southern District of New York, and that you will accept service of process from the Copyright Owner who provided notification as mentioned in section 6.1 or an agent of such person.
6.5 DW reserves the right to terminate without notice any User's access to the DW Service if that User is determined by DW to be a "repeat infringer." In addition, DW accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
7. Registration, Accounts and Passwords
7.1 If you become a registered member and create an account on the DW Service, you agree to be responsible and/or liable for: maintaining the confidentiality of passwords or other account identifiers which you choose; and all activities that occur under such password or account identifiers.
7.2 You agree to notify DW of: any loss of your password or account identifiers; and any unauthorized use of your password or account identifiers.
7.3 Without limiting anything in this Agreement, DW will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 7.
8. Embeddable player feature
9. Search Functionality
The DW Service has certain functionality to search for and incorporate video and other content that is available on third party websites unrelated to DW (the "Search Function"). For clarity, the disclaimer of warranties in Section 11 below applies to this search functionality. DW has no responsibility for any content found on such third-party sites, and that DW does not review, clear, or approve any such content. It is your sole responsibility to comply with any applicable terms and conditions of the third-party website operators when using such content. Additionally, as with any content uploaded by you to the DW Service, with respect to any content that you find on third-party websites through the Search Function, it is your sole responsibility to comply with applicable laws and to respect the rights of the owners and licensors of such content. Finding third-party content using the Search Functionality does not, in and of itself, give you any rights whatsoever to use such third party content in any way, and, without limiting the indemnification in Section 13, below, you hereby indemnify and hold harmless DW for any losses or liabilities arising out of your use of the Search Functionality or third party content.
10. Third Party Websites
CONTENT ON THE DEVELOPING WINGS, INC SERVICE, INCLUDING WITHOUT LIMITATION, MATERIALS, AND PRODUCED CONTENT, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
DEVELOPING WINGS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE DEVELOPOING WINGS SERVICE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DEVELOOPING WINGS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE DEVELOPING WINGS, INC. SERVICE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE DEVELOPING WINGS, INC. SERVICE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE DEVELOPING WINGS, INC. SERVICE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF DEVELOPING WINGS, INC. STREAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS .
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, DEVELOPING WINGS, INC. MAKES NO WARRANTY THAT THE DEVELOPING WINGS, INC SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE DEVELOPING WINGS, INC. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEVELOPING WINGS, INC. OR THROUGH THE DEVELOPING WINGS, INC. SERVICE WILL CREATE ANY WARRANTY. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE DEVELOPING WINGS, INC. SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, DEVELOPING WINGS, INC.', AND ITS OFFICERS', DIRECTORS', EMPLOYEES', AFFILIATES', AGENTS', LICENSORS', AND SUPPLIERS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Limitation of Liability
IN NO EVENT WILL DEVELOPING WINGS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS DEVELOPING WINGS, INC. SERVICE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS DEVELOPING WINGS, INC. SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THIS DEVELOPING WINGS, INC. SERVICE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE DEVELOPING WINGS, INC. SERVICE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DEVELOPING WINGS, INC. SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DEVELOPING WINGS, INC.SERVICE BY ANY THIRD PARTY.
IN NO EVENT WILL DEVELOPING WINGS, INC. OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE DEVELOPING WINGS, INC. SERVICE OR YOUR INTERACTION WITH OTHER DEVELOPING WINGS, INC. SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO DEVELOPING WINGS, INC. DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
DEVELOPING WINGS, INC. RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE DEVELOPING WINGS, INC. SERVICE OR THE CONTENT ON THE DEVELOPING WINGS, INC. SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF DEVELOPING WINGS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN DEVELOPING WINGS, INC. AND RECEIVED THROUGH OR ADVERTISED ON THE DEVELOPING WINGS, INC. SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU SPECIFICALLY ACKNOWLEDGE THAT DEVELOPING WINGS, INC. SHALL NOT BE LIABLE FOR PRODUCED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, DEVELOPING WINGS, INC.', ITS OFFICERS', DIRECTORS', EMPLOYEES', AFFILIATES', AGENTS', LICENSORS' AND SUPPLIERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless DW, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
(ii) your use or misuse of or access to the DW Service;
(iii) your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that you or your Produced Content caused damage to a third party.
DW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DW, and you agree to cooperate with DW' defense of these claims.
15. Release for disputes between users.
DW does not control the actions of its Users. If you have a dispute with one or more Users, you release DW (and DW' officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
17. Waiver and Severability
DW may provide you with notices, including those regarding changes to DW' terms and conditions, by email, regular mail or postings on the DW Service. Notice will be deemed given twenty-four hours after email is sent, unless DW is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the DW Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the DW Service is deemed given 30 days following the initial posting.
19. Choice of Law and Forum
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
21. Entire Agreement.
This is the entire agreement between you and DW relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Policies made by DW as set forth above.
22. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
23. No Third Party Beneficiaries
The parties specifically disavow any desire or intention to created a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.
The services are offered by Max Haot, 111 8th Avenue, Suite 1509, New York, NY 10011, USA and email: firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Table of Contents
- Ownership of Materials; Limited License
- Incorporation by Reference
- Produced Content
- Prohibited Uses
- Copyright infringement notification
- Registration, Accounts and Passwords
- Embeddable player feature
- Search Functionality
- Third Party Websites
- Limitation of Liability
- Release for disputes between users
- Waiver and Severability
- Choice of Law and Forum
- Entire Agreement
- No Agency
- No Third Party Beneficiaries