II. Use of Site/Intellectual Property
While the DLDF grants each User a limited, non-exclusive, non-transferable, revocable license to use the Site and its Services (defined below), the DLDF owns or licenses the rights, title, and interest to all materials on this Site (with any exceptions detailed below) including, without limitation, copyrights, trademarks, trade secrets, patents, arrangements of any such materials, and associated droit moral (the “Materials”). You may view and download the Materials only for your personal use in connection with your campaign, provided that you retain all copyright and other proprietary notices contained in the Materials or on any copies of the Materials. You may not change the Materials in any way, or reproduce, publicly display, distribute, or otherwise use them, for any public purpose.
The DLDF reserves the right: to terminate any account use at any time, modify the Site and Services without notice or liability, and to remove Materials or Content (defined below) at any time for any reason without explanation. The DLDF is not liable for any damages connected with these actions.
Notwithstanding anything to the contrary herein, the DLDF’s trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including, but not limited to “DLDF”, are trademarks of the DLDF in the U.S.. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the DLDF or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You are also advised that the DLDF will aggressively enforce its intellectual property rights to the fullest extent of the law.
III. Links to Other Websites
Links to other websites are provided solely as a convenience to you. The DLDF does not endorse such sites and it is not responsible for their content, nor any loss or damage of any sort relating to any dealings with these third-party sites or services. If you decide to access any of the sites linked to this Site, you do so entirely at your own risk.
IV. Site Information and Disclaimer
Site information regarding the DLDF products and services, including their availability, appearance, price, and specifications, are subject to change without notice. Such information shall not constitute a representation, warranty, or other commitment by the DLDF, with respect to any product or service. The DLDF hereby disclaims all warranties, express or implied, as to the accuracy and suitability for any purpose or completeness thereof. In no event shall the DLDF, its affiliates, its suppliers, and/or its licensors be liable for any special, indirect, or consequential damages, or any damages whatsoever, resulting from loss of use, data, or profits, whether for breach of contract, negligence or other tortious action, or any other cause of action whatsoever, arising out of or in connection with the use of information available on this Site. The DLDF does not endorse any user-generated content.
V. User Generated Content
Users retain ownership over all photos, videos, text, graphics, logos, artwork, or other audiovisual materials submitted to the Site (the “Content”). All Users of the Site warrant and represent that their Content contains no third-party copyrighted material or material that is subject to other third-party proprietary rights, unless with permission from the rightful owner of all Content, or are otherwise legally entitled to post the material. Any Content requiring permission is solely the responsibility of the User. The DLDF is not responsible for any errors or omissions in any Content.
Notwithstanding anything to the contrary herein, Users grant to the DLDF and its affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
Any feedback from Users will be considered non-confidential and non-proprietary. The DLDF has unrestricted use and disclosure of the submissions for any purpose whatsoever, without compensation to the User that submitted Content.
VI. Copyright Infringement Notice and Takedown Process
The Digital Millennium Copyright Act (the “DMCA”) lays out a system of legal requirements for dealing with allegations of copyright infringement. We reserve the right, at our sole and exclusive discretion, to delete or disable content alleged to be infringing, and to terminate accounts for infringers. Please send claims of copyright infringement to the DLDF designated agent: David H. Faux, Esq., The Dramatists Legal Defense Fund, 1501 Broadway, Suite 701, New York, NY, 10036; firstname.lastname@example.org. Pursuant to the DMCA, claimants must send us:
- Signature of copyright holder (or holder’s authorized representative);
- Identification of the infringed work;
- Identification of the infringing material (i.e., URL to where the infringing material may be found);
- Contact information (e.g., name, address, email);
- A statement of “good faith belief” that use of the material is unauthorized; and
- A statement that “the information in this notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
If you are in a jurisdiction that requires a specific statement regarding waiver and release, then the following applies to you. In suing the Site or filing against the DLDF, you waive the applicability of California Civil Code Section 1542 and any similar provision of law, regulation, or code of tantamount effect.
B. Limitation on Liability
In no event shall the DLDF, its affiliates, or its suppliers and licensors, be liable to you for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not the DLDF has been advised of the possibility of such damages, and on any theory of liability, arising out of, or in connection with, the use of this Site or of any website referenced or linked to from this Site. Under no circumstances shall the DLDF’s liability for direct damages be in excess of one hundred U.S. dollars ($100) in the aggregate. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Where the DLDF may not completely limit its liability by state law, then, pursuant thereof, it does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees, or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude, either now or in the future.
By using this Site, Users agree to indemnify, defend, and hold harmless the DLDF and its affiliates for all liabilities, claims, damages, and expenses, including reasonable attorney fees and other legal costs that arise from a User’s actions. We reserve the right, but not the obligation, to assume the exclusive defense and control of any matter subject to this indemnification clause. User agrees that it will cooperate and help the DLDF in asserting any defenses or in determining any settlements.
VIII. Applicable Laws and Venue
IX. No Agency
Nothing in this Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between the DLDF on the one hand and Users on the other hand.
XI. Entire Agreement
This Agreement constitutes the entire agreement and supersedes all prior communications, understandings, and agreements relating to the subject matter hereto, whether oral or written.