The following are the terms of service (“Terms”) govern your access to and use of http://drunkfeministfilms.tumblr.com/ (the “Site”); and (ii) your online user account (“Account”) both of which are owned by Drunk Feminist Film Inc.’s (“DFF”, “we”, or “us”). The term “Services” means the Site and all Accounts.
We may change these Terms at any time without notice, such that the revised Terms shall be effective immediately upon their posting on this page. Your continued use of the Services shall be considered your acceptance of the revised Terms. Please check this page of the Site periodically.
THIS IS A LEGAL AGREEMENT. PLEASE READ IT CAREFULLY. BY ACCESSING AND/OR USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU DO NOT HAVE THE RIGHT TO ACCESS AND/OR USE THE SERVICES. ANY FUTURE RELEASE, UPDATE, OR OTHER ADDITION OR LIMITATION TO THE FUNCTIONALITY OF THE SERVICES SHALL BE SUBJECT TO THESE TERMS.
1. Overview
(a) Overview and Relation to Other Agreements: These Terms govern your use of the Services. Certain features of the Services may also be subject to additional guidelines, terms, or rules, which will be posted as part of the Services. All additional guidelines, terms, and rules, as well as the Privacy Policy [HYPERLINK], are incorporated by reference into these Terms, and by accessing and/or using the Services you are accepting and agreeing to be bound by these additional guidelines, terms, and rules, as well as the Privacy Policy. In the event of any conflict or inconsistency between these Terms and the Privacy Policy, and/or any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Services or otherwise communicated to users of the Services (“Users”), we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail at our sole discretion, and you specifically waive any right to challenge or dispute such determinations.
(b) The Services: DFF solely provides the Services on an “as is” and “as available” basis to lawful Users. DFF reserves the right to improve and change the Services at any time, at DFF’s sole discretion. DFF also reserves the right to suspend or discontinue any parts, or all, of the Services.
(c) Eligibility: You are not authorized to use the Services if you are under 13 years of age, whether or not you attempt to register. If you are under the age of majority in your province or territory of residence, you may only use the Services with the approval of your parent or legal guardian.
(d) Customer Service: If you have any questions or concerns regarding the Services or these Terms, please contact insert DFF contact.drunkfeministfilms@gmail.com
(e) Term: These Terms will remain in full force and effect so long as you continue to access and/or use the Services, or until terminated by us in accordance with the provisions of these Terms.
(f) Termination: If DFF believes, in good faith, that you have used the Services in violation of these Terms, including, without limitation, the Privacy Policy and/or any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Services or otherwise communicated to you, DFF may itself take or may procure the taking of any action to protect its interests. This may include, inter alia: (i) terminating your right to access or use all or some of the Services or any features thereof; (ii) terminating your Account; (iii) terminating these Terms with respect to you; (iv) implementing updates intended to discontinue unauthorized use; or (v) relying on any other remedial effort/s as reasonably necessary to prevent the unauthorized use of the Services. Upon termination of these Terms, your Account and your right to access or use the Services will automatically terminate. DFF, its affiliates, and its licensors reserve the right to bring legal action in the event of a violation of these Terms. DFF may participate in governmental or private legal action or investigation relating to your access to or use of the Services.
(g) Wireless Access: The Services include features that are available via a mobile device, including, inter alia: (i) the ability to upload information to the Services via a mobile device; and (ii) the ability to browse the Services from a mobile device (collectively “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, using certain Mobile Services may be prohibited or restricted by your carrier and/or certain Wi-Fi hotspots, and not all Mobile Services may work with all carriers or devices or Wi-Fi hotspots.
2. Account
(a) Registration: To use certain Services, you must register for an Account and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Services does not violate any U.S., Canadian, or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations).
(b) Responsibility: You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account, whether or not authorized by you. You agree to use “strong” passwords (e.g., passwords that use a combination of upper and lower case letters, numbers, and symbols) in relation to your Account, and to maintain your passwords securely to prevent others from gaining access without your permission. You agree to immediately notify DFF of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. DFF is not liable for any loss or damage arising from your failure to comply with the above requirements. You grant us the right to use your registration information and any other information you provide in connection with the operation of the Services.
3. Privacy
Your use of the Services is subject to the Privacy Policy, as amended from time to time by DFF at DFF’s sole discretion and posted at [URL] and available on request.
4. Access to Services
(a) Access and Use: The Services are intended for your personal, non-commercial access and use. Subject to these Terms, DFF grants you a non-transferable, non-exclusive right (without the right to sublicense) to access and use the Services by: (i) using the Services solely in connection with your Account; and (ii) accessing and/or using the Site.
(b) Updates: DFF may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Services (“Updates”). You acknowledge and agree that Updates may cause the permanent limitation or discontinuation of functions and/or features of the Services.
(c) Third Party Products and Services: DFF may provide the opportunity for you to interface to third party products and services (“Third Party Products and Services”). Your use of these Third Party Products and Services is subject to their terms of use. You may decide whether and with which Third Party Products and Services you wish to interface. Your explicit consent and authorization is required for this interface. Once your consent is given in connection with Third Party Products and Services, you expressly agree that DFF may share with the third party providers of those Third Party Products and Services (the “Third Party Providers”) any information, including personal information that it collects about you, including, without limitation, in order to enable the interface you have authorized. Once this information is shared with the Third Party Providers, its use will be governed by the Third Party Providers’ privacy policy and not by the Privacy Policy. Moreover, you acknowledge and agree that DFF may receive from the Third Party Providers any information about you collected by the Third Party Providers, including personal information. DFF makes no representation or warranty about the safety or efficacy of any Third Party Products and Services. Accordingly, you acknowledge and agree that DFF is not responsible for your use of any Third Party Products and Services or any personal injury, death, property damage, or other harm or loss arising from or relating to your use of any Third Party Products and Services. You should contact the relevant Third Party Providers with any questions about their Third Party Products and Services. DFF provides links to third party sites as a courtesy and does not endorse the content of any third party site. Please review the third party sites’ own terms of use agreements and privacy policies, and if you do not agree to be bound by their terms, you should terminate your use of that third party site. If you have a problem with a link from the Site, please notify us at [contact email] and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
(d) Restrictions: You agree that any use of the Services other than as specifically authorized herein is strictly prohibited. The rights granted to you in these Terms are also subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, in whole or in part; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, you agree not to copy, reproduce, distribute in print or electronically, republish, download, display publicly, post, or transmit the Services, in whole or in part, in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, a computer, a handheld mobile device, data, the Services, or any other system, device, or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by DFF; (viii) you agree not to remove, obscure, or alter any proprietary rights notices (including copyright, trademark, and patent notices) which may be contained in or displayed in connection with the Services; (ix) you agree not to collect Users’ content or information or otherwise access the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission; (x) you agree not to intentionally or unintentionally violate, in connection with the Services, any applicable local, provincial, national, or international law, or any regulations having the force of law; (xi) you agree not to obtain, or attempt to access or otherwise obtain, any materials or information through any means not intentionally made available or provided for through the Services; (xii) you agree not to impersonate, imitate, or pretend to be any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xiii) you agree not to solicit personal information from anyone under the age of majority in your province or territory; (xiv) you agree not to use the Services to collect any personal information from any other person without their express prior written permission as it pertains specifically to you; and (xv) you agree not to use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
(e) Modification and Suspension: DFF will make commercially-reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. DFF reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand and agree that DFF does not offer any specific uptime guarantee for the Services and has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific features of the Services.
(f) System Requirements: The Services will not be accessible without: (i) an Account; (ii) a working Internet connection; and (iii) Chrome 35+, Firefox 31+, Safari 7+, or Internet Explorer 10+.
5. Content
(a) Content: The Services may allow you to access, view, upload, submit, store, send, receive, and/or make available a variety of content, including but not limited to data, communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, and sounds (collectively “Content”). You represent and warrant that you own or legitimately control all rights in and to any and all Content that you upload, submit, store, send, receive, or make available on or through the Services, including without limitation all trademark rights, copyrights, moral rights, and publicity rights contained therein (collectively “User Generated Content”).
(b) License: Your User Generated Content is not confidential or proprietary. You hereby grant, will grant, and warrant that you have the right to grant DFF a non-exclusive, non-revocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute your User Generated Content. This license continues even if you stop using the Services.
(c) Restrictions: You hereby acknowledge and agree that you will not upload, submit, store, send, share, receive, or otherwise make available on or through the Services: (i) any Content that may expose DFF or Users to any harm or liability of any type; (ii) any Content that, in DFF’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights (i.e., where the permission of the rights holder has not been obtained), offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable or promotes or advocates any of the foregoing’ (iii) any Content that involves the transmission of any photo/s or video/s of another person without that person’s consent; (iv) any Content that involves the transmission of surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise); (v) anything that poses or creates a privacy or security risk to any person; (vi) anything intended to circumvent or modify any security technology or software; or solicits personal information from anyone under the age of majority without their parental or legal guardian’s consent, as set out in the Privacy Policy. Although DFF cannot monitor the conduct of users off the Site, it is also a violation of the Terms to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior express consent.
(d) Feedback: You may submit comments, suggestions, or ideas about DFF and the Services, including how to improve the Services (“Ideas”) through any manner or means. By submitting Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place DFF under any fiduciary or other obligation. You further agree that your submissions will be deemed non-confidential and non-proprietary. In addition, by posting or submitting Ideas, you grant DFF and its licensees or assigns a perpetual, non-exclusive and royalty-free licence to use, copy, modify, publish, sell or redistribute the posting or submission and its contents for any purpose and in any and all media throughout the world, subject to our Privacy Policy, without any compensation to you. You represent and warrant that you own or otherwise control the rights to your Ideas, and that our reproduction, display, adaptation or promotion of the Ideas will not infringe or violate the rights of any third party. You also agree that DFF does not waive any rights to use similar or related ideas previously known to DFF, developed by its employees, or obtained from other sources.
(e) Enforcement: We reserve the right at all times (but will not have an obligation) to modify or delete any Content or User Generated Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms and the Privacy Policy, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, and/or safety of DFF, Users, and the public. DFF reserves the right, in its sole discretion, to terminate users’ access to all or part of the Site, with or without notice if DFF determines that a user is in breach of these Terms, subject to applicable laws. DFF will not be required to provide any refund to you if you are terminated as a User because you have violated these Terms or any of our rights.
Notwithstanding the foregoing, DFF is not responsible for the content posted on the Site and your reliance on any such content is solely at your own risk.
6. Intended Use
(a) Intended Use: The Services are intended__________ for entertainment purposes only. When you sign up for an Account, you will be required to provide personal information that may include without limitation your: (i) geographical location; (ii) age; and (iii) gender self-identity [ADD ALL OTHER PERSONAL INFORMATION YOU MAY COLLECT FROM USERS DURING REGISTRATION].
You understand and agree that in DFF’s sole discretion, and without prior notice, we may terminate your access to the Site or exercise any other remedy available, without further liability to you, subject to applicable laws.
(b) Sharing Information Publicly: Some of the Services may allow you to share information publicly. Any information you share via the Services, may be read, collected, or used by others. You hereby acknowledge and accept that you are responsible for the information you choose to share or submit in these instances. Your safety is important. Please take care when using these features and/or sharing such information. The Site is protected using commercially standard security precautions, however it is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. DFF recommends that you do not publicly post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your full name, home or work address, phone numbers, SMS, mobile, application-based account information, email address or other such information. If you post such information, DFF cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety.
DFF is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of information they submit to the Site. These Terms are subject to the Privacy Policy, which is hereby incorporated by reference.
7. Emails
You may receive emails from DFF in connection with the Services. You agree to the receipt of all emails from DFF, in accordance with our Privacy Policy which allows you to unsubscribe from these emails upon request. Any request to unsubscribe will be honoured within 10 business days.
8. Intellectual Property
You acknowledge and agree that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Services are owned by DFF and/or its affiliates, licensors, assigns or suppliers. Your access, and use of the Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. DFF and/or its affiliates, licensors, assigns or suppliers retain exclusive ownership of and all rights to all material, text, software, scripts, graphics, photos, sounds, interactive features and trademarks contained therein (“IP”). The IP is owned by or licensed to DFF, and is subject to copyright, trademark and other intellectual property rights under Canadian and international laws and conventions. Content provided on the Site to you is for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of DFF and/or the respective owners. DFF and its affiliates, licensors, assigns and suppliers reserve all rights not granted in these Terms. THE USE OF ANY PART OF THE SERVICES, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use or fair dealing exemption to do so. We may, also in our sole discretion, decide to terminate a user’s rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.
[IF/WHEN THE SERVICES ARE ACCESSIBLE IN THE UNITED STATES: 9. Digital Millennium Copyright Act
(a) Notice: 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 (“Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the 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 at a single online site are covered by a single notification, a representative list of such works at that site; (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 us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) 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 (vi) 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.
(b) Copyright Agent: DFF’s designated Copyright Agent for notifications of claimed infringement is [[insert contact] (email address: insert contact. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to DFF’s customer service through [EMAIL ADDRESS]. You acknowledge that if you fail to comply with all of the requirements of this Section 9(b), your DMCA notice may be deemed invalid.
(c) Counter-Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, 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 by the Copyright Agent, DFF may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DFF’s sole discretion.]
10. Dispute Resolution
(a) Informal Dispute Resolution: We would rather address concerns informally than pursue formal legal cases. Before filing a claim against DFF, you agree to try to resolve any and all disputes informally by contacting [insert update email address]. We will endeavour to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or DFF may bring a formal proceeding as set out in these Terms.
(b) Limitation: Should you be permitted to file any claim against DFF arising out of or related to the Services in accordance with 1(f) hereunder, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
(c) No Class Actions: YOU AND DFF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding.
(d) Governing Law: These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services shall be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the provincial and federal courts in or for Toronto, Ontario, Canada for the purpose of litigating all such claims or disputes. DFF makes no representation that materials on the Site are appropriate or available for use in locations outside of Ontario. Accessing such materials from territories where their contents are illegal is prohibited.
(e) Arbitration: You and DFF agree to resolve any claims relating to these Terms and/or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You can decline this agreement to arbitrate by contacting email within 30 days of first accepting these Terms and stating that you decline this arbitration agreement. The arbitration shall take place in Toronto, Ontario, Canada. The arbitration shall be conducted in English. The arbitrator’s decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, you agree that no arbitrator has the authority to: (i) award relief in excess of what these Terms provide; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, TORONTO, ONTARIO, CANADA.
(f) Exceptions to Agreement to Arbitrate: Either you or DFF may assert claims, if they qualify, in small claims court in Toronto, Ontario, Canada. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized access, use, or abuse of DFF’s products or the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
11. Disclaimer of Warranties and Liability Limitations
(a) No Express Warranty in these Terms: In these Terms, DFF does not extend any express warranties, representations, or conditions.
(b) Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS AND REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DFF PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT EXPRESS WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, AND DFF HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF COMPLETENESS, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DFF AND ITS LICENSORS DO NOT WARRANT: (I) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES; (II) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (IV) THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. FURTHER YOU ACKNOWLEDGE THAT DFF’S CONTINUED PROVISION OF THE SERVICES RELIES UPON THE GENERAL OPERATION OF THE INTERNET AND THE WORLD WIDE WEB AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET AND THE WORLD WIDE WEB ARE BEYOND DFF’S CONTROL.
DFF DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH ITS SERVICES OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICE. DFF IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY MERCHANT, VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH PRODUCTS OR SERVICES REFERENCED ON THE SITE.
(c) Disclaimer of Losses and Intrusions: DFF DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DFF DISCLAIMS ANY LIABILITY RELATING THERETO.
(d) Information: YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. DFF HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
(e) Limitation of Liability: EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (IN WHICH CASE, WE SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW), IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL: (I) DFF, ITS AFFILIATE COMPANIES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST OR INACCURATE DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES, EVEN IF DFF KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) DFF’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. UNDER NO CIRCUMSTANCES WILL DFF BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH THE USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
SOME JURISDICTIONS MAY NOT RECOGNIZE A DISCLAIMER SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
12. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless DFF and its affiliates, and each of their respective officers, agents, directors, employees, licensees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to legal fees) made by any third party arising from or due to: (i) your use of and/or access to the Services; (ii) your violation of any provision/s of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services. DFF reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with DFF and its representatives in asserting any available defence.
13. General
(a) Severability: If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable, then that provision is deemed severable from the Terms and the remaining provisions are still valid and enforceable.
(b) Modification and Assignment: DFF’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms. DFF may assign its rights and duties under these Terms without restriction to any party at any time without notice to you. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without DFF’s prior written consent. These Terms are binding upon any permitted assignee.
(c) Confidentiality and Intellectual Property Rights: Notwithstanding the foregoing, DFF may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(d) The Entire Agreement: Except as otherwise stated herein, these Terms, together with our Privacy Policy located at Privacy Policy, constitute the entire and exclusive understanding and agreement between DFF and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between DFF and you regarding the Services.