Terms of Use
Education Media, LLC (“Company”), the operator of Diversity Production Pro®, welcomes you (“You”) to Diversity Production Pro®. Diversity Production Pro® is a social networking resource and online location for entertainment business professionals. Diversity Production Pro® currently allows Diversity Production Pro® Members to set up personal profiles, create professional CVs and portfolios that can be linked together through networks of friends and industry contacts. Diversity Production Pro® Members can upload authorized content, create, and distribute screening announcements, describe their professional and social interests on their profiles, publish web logs (blogs), and post comments regarding content uploaded to Diversity Production Pro® by other Members. Diversity Production Pro® Members can also use Diversity Production Pro® to communicate to find jobs and take courses.
If You are a non-Member User of Diversity Production Pro®, You are authorized to access the public areas of Diversity Production Pro®.
Agreement
Your agreement to all the terms and conditions of this agreement (“Agreement” or “Terms of Use”) is required before You can use the Diversity Production Pro® Website. Your agreement to this entire Agreement is also required as a condition for authorized access to the computers, servers and computer databases to access or use videos, photographs, music, text, graphics and/or other Content available in, at, on, through, from, or in association with, the Diversity Production Pro® Website. If You do not agree to this Agreement in full, You will not be authorized to access such computers, databases or Content or otherwise use the Diversity Production Pro® Website.
Therefore, it is very important that you completely read this agreement because by your continued use of the website, accessing content from the website or use of any service provided by the company you agree that you will be expressly signifying that you agree to all the following terms, conditions and other provisions, set forth in this agreement.
This Agreement was written in English. To the extent any translated version of this Agreement conflicts with the English version, the English version shall control. Please note that Paragraph 21 contains certain additional terms applicable to Users outside the United States. Parties To This Agreement. The parties to this Agreement are You, a “User” of the Diversity Production Pro® Website and Education Media, LLC, (hereinafter, the “Company”). As used in this Agreement, the terms “We”, “Us”, “Our” and variants thereof are used interchangeably to refer to the Company and variants of the word “You” (“Your”, etc.) are used interchangeably to refer to You. Acceptance. By accessing or using the Website or any of the services provided by the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement, including without limitation, Our Privacy Policy (click here to see Our Privacy Policy), which is hereby incorporated herein by reference, and by all other rules, regulations, notices and agreements posted in or on the Website or otherwise provided to You. These Terms of Use apply to all users of the Diversity Production Pro® Website, including without limitation, all Members and all visitors to the Diversity Production Pro® Website. Therefore, for good and valuable consideration, the amount, sufficiency, and receipt of which is hereby acknowledged by You and the Company (jointly referred to as “Parties”), the Parties hereby agree to all of preceding and all the following:
Definitions
“Affiliated Content Providers” shall mean persons and entities, including other Members, that make Content available at, in, on, though, from and/or, in association with, the Website or otherwise make Content available via participation in one or more programs provided by or in association with Diversity Production Pro® or via one or more Services provided by the Company.
“Audiovisual Work” shall have the same meaning as set forth in Section 101 of the United States Copyright Act.
“Content” shall mean text, photographic works, sound recordings, music, audio works, videos, Audiovisual Works, audiovisual combinations, haptic works, software, scripts, graphics, interactive features, and other materials that may accessed in, at, on, from, or through, the Website, or via the Service.
“Designated Agent” shall mean the person who is the Company’s Designated Agent to receive notice of infringement, and counter-notices pursuant to, and subject to the terms of, the DMCA.
“DMCA” shall mean the Digital Millennium Copyright Act.
“Harmful Software” shall mean malicious or damaging code or software, spyware, computer viruses, Trojan Horses, worms, and any and all other devices that are designed or intended, in whole or in part, to disrupt, damage, limit, spy, or interfere with the proper functioning of any software, hardware, or telecommunications equipment or to obtain unauthorized access to any computer, server, digital storage device, or database.
“Indemnified Parties” shall mean the Company, the Company’s licensors, and the Company’s and the Company’s licensor’s respective directors, officers, members, principals, employees, contractors, suppliers, advertisers, affiliates, agents, attorneys, all other Members, all Users, all authors, creators, and/or producers of, and all performers in or on Content provided to the Website by Members and other Affiliated Content Providers, and all of the foregoing parties’ respective, successors, successors in interest, heirs and assigns.
“Internet” shall mean a global network of interconnected computer networks, each using the Transmission Control Protocol/ Internet Protocol and/or such other standard network interconnection protocols as may be adopted from time to time, which is used (among other things) to transmit content between, or enable commercial transactions between, one or more websites and users thereof.
“Member” and “Diversity Production Pro® Member” shall interchangeably mean a person or entity that has agreed to receive Services from the Company as a Diversity Production Pro® Member subject to the terms and conditions set forth in the Diversity Production Pro® Membership And Website Terms of Use Agreement (Please click [member] to see the Diversity Production Pro® Membership And Website Terms of Use Agreement).
“Released Parties” shall mean s the Company, the Company’s licensors, and the Company’s and the Company’s licensor’s respective directors, officers, members, principals, employees, contractors, suppliers, advertisers, affiliates, agents, attorneys, and all of the foregoing parties’ respective, successors, successors in interest, heirs and assigns.
“Service” and “Services” shall interchangeably mean one or more services provided by the Company to You in association with the use of the Website and/or other features of Diversity Production Pro® Services. All Services shall at all times be provided at Company’s election and some or all such Services may be suspended, terminated, added to, subtracted from, and/or otherwise modified at any time by Company at Company’s sole discretion.
“Service-Specific Terms” shall mean terms and conditions that are specific to Services, transactions, and/or other features provided by the Company. Service-Specific terms and conditions may be posted on the Website, for example, in association with specific features offered by the Company.
“Users” and “Website users” shall interchangeably mean users of the Website, including, without limitation, visitors, customers, Members, subscribers, advertisers, users of Services provided by the Company on, in, at or through the Website, and participants in programs and/or Services provided by the Company in association with the Website, some of which are now, or may in the future be, other Members of Diversity Production Pro®.
“User In Good Standing” shall mean a User that is in compliance with all the terms and conditions set forth in this Agreement.
“Website” shall mean the website and forum known as “Diversity Production Pro®” accessible at or through www.diversityproduction.pro and any and all future versions thereof, including without limitation, versions owned and/or operated by one or more entities other than Stage 32, LLC.
“Website Affiliates” shall mean persons and entities affiliated with the Website, including without limitation, persons participating in the Company’s affiliate marketing program(s), advertisers on the Website, parties providing traffic to the Website, and providers of “up-sell” products and services, etc.
“Your Content” and “Licensed Work” shall interchangeably mean any and all Content of every kind that You upload to the Website or otherwise provide to the Company and/or its successors, and/or the future operator(s) of the Website. For example, if the Company allows You to comment on Content provided by Members or others, Your comments would comprise, without limitation, Your Content.
“Diversity Production Pro® Trademark Licensor” shall mean Education Media, LLC.
Re-Affirmation of These Terms and Conditions Each Time You Use The Website; Service-Specific Terms. You hereby acknowledge and agree that each time You access or use the Website or any Service provided by the Company, You will be agreeing to the then-current version of this Agreement, and that You will be further affirming that You have the right, authority, capacity and intent to enter into the then-most recent version of this Agreement. You are strongly advised to click the link to the current version of these Terms of Use this each time You visit our Website and each time You use a Service provided by the Company as You are hereby advised, and You hereby acknowledge, that this Agreement and any Service-Specific Terms may be amended at any time, and that it is Your obligation to check for such amendments. You expressly acknowledge and agree that Your continued use of the Website, and/or Services provided by the Company, following the posting of changes to this Agreement and/or Service Specific Terms will mean that You have accepted and have agreed to such changes. If there is conflict between this Agreement and Service-Specific Terms posted for a specific Service, feature or transaction offered on the Website, the Service-Specific Terms shall control regarding the specific service, feature or transaction associated with the Service-Specific Terms.
Without limiting the foregoing, and for purposes of clarity, by using or visiting the Diversity Production Pro® Website or by using or acquiring any Diversity Production Pro® products, software, data feeds, or any Services provided to You in, at, on, from, or through the Diversity Production Pro® website, You signify by any and all such acts by You, Your express agreement to the terms of this Agreement, including without limitation, (i) the Company’s Privacy Policy (click here to see Our Privacy Policy), incorporated herein by reference. If You do not agree to any of terms in this Agreement, please do not use the Service, the Website, or any Diversity Production Pro® products, software, data feeds.
Modification Of This Agreement. The Company reserves the right, in Company’s sole discretion, to modify, revise, add to, delete from, and otherwise change, this Agreement at any time, and You hereby agree to be bound by such changes. Revised versions of this Agreement will be accessible via a link at the bottom of the Diversity Production Pro® home page, and many other pages on the Website, and/or at such other location(s) on the Website that the We deem appropriate to provide notice of such modifications. You should periodically review the most up-to-date version of these Terms of Use at aforementioned location(s) above. You hereby expressly agree that Your continued use of the Service and/or the Website after the a modification of this Agreement is posted constitutes Your acceptance of this Agreement as amended in its entirety.
You acknowledge and agree that is Your responsibility to frequently check the Website at the locations above to determine if there have been changes to these Terms of Use and/or Service-Specific Terms, and to review such documents before Your continued use of the Website or commencement or continued use of one or more Services provided by the Company.
Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
Additional Required Member Certifications. You hereby represent, agree, warrant, and certify:
that You over the age of sixteen (16) years (use of this Website for persons under the age of sixteen (16) years is strictly forbidden);
that if You are under the age of eighteen (18) years (but over the age of sixteen (16) years), You have the permission of a parent or guardian to access and use this Website and to use the computer(s) You use to access and use the Website;
that You have chosen to access the Website and use the Service voluntarily for Your own personal enjoyment, information, entertainment and/or education;
that You will not use the Website for any commercial purpose; and
that You have not listed any email address provided to the Company and/or any Affiliated Content Producers that is included in, or which You or another party subsequently includes in, any “do not email” registry or similar service anywhere in the world and will not do so in the future regarding any email address You provide to the Company and/or any Affiliated Content Producers.
Our Grant of Limited License to You. You acknowledge and agree that all the materials Company makes available to You at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by others, including Company. In consideration of Your representations, warranties, and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are over the age of sixteen (16) years, the Company hereby grants You a limited and revocable single user non-exclusive license (i) to access its computer servers to use the Website for Your private non-commercial use only, and (ii) to use the Services normally accorded a visitor to the Website. You acknowledge and agree that the limited license above may be revoked, suspended, or terminated by the Company at its election at any time.
License To Use Your Content. Company may provide, without any obligation to do so, the authorization and means for You to post or otherwise provide comments and/or other Content to Diversity Production Pro® If so, You hereby grant to the Company and its Diversity Production Pro® trademark licensor, a worldwide, non-exclusive, royalty-free, sublicensable and transferable license (“Content License”) to copy, reproduce, distribute, transmit, disseminate, prepare derivative works of, display, and perform, and otherwise use, by any and all means now known or hereinafter invented, all of Your Content that You upload, submit, or otherwise provide to, Diversity Production Pro® and/or Company, including without limitation, via submission to the Website or by any other means (“Licensed Rights”).
Without limiting the foregoing, You hereby agree that the Licensed Rights in and to Your Content subject to the Content License shall include all of the following rights:
the rights to use Your Content, and derivative works thereof, in connection with the Service, the Website, and all other services and websites and in connection with the Company’s and the Diversity Production Pro® trademark licensor’s (and their respective successors’ and affiliates’) business(es), including without limitation, for promoting and redistributing part or all of the Service and/or other Diversity Production Pro® trademark licensor’s licensees’ respective services, in any and all media formats and through any and all media channels by any and all means now known or hereinafter invented;
the rights to host, cache, store, copy, transmit, perform, display, broadcast, stream and transmit Your Content by any means now known or hereinafter invented;
the rights to make copies of and otherwise reproduce Your Content on the Company’s computers and on other Diversity Production Pro® trademark licensor’s licensees’ computers for use on the Website and/or use on Diversity Production Pro® trademark licensor’s licensees’ websites, the rights to make copies of and otherwise reproduce Your Content in the random-access memory of computers and other devices operated by Users accessing Your Content in, at, on, through, or in association with, the Website, the Service, and/or any other website or service provided by any other Diversity Production Pro® trademark licensor’s licensees;
all other rights required for the Company and/or other Diversity Production Pro® trademark licensor’s licensees to grant to the users of the Website and to users of other Diversity Production Pro® trademark licensor’s licensees’ websites, the rights to access and stream Your Content from and/or through the Website and other Diversity Production Pro® trademark licensor’s licensees’ websites, and to otherwise play and perform Your Content on, in, at, on and/or through, the Website and other Diversity Production Pro® trademark licensor’s licensees’ websites, including without limitation, the right to grant to such users the right to create ephemeral copies of Your Content in the random access memory of their computers and all other devices now known or hereinafter invented that are capable of accessing the Website and/or other Diversity Production Pro® trademark licensor’s licensees’ websites, including, without limitation, mobile devices;
the right, but not the obligation, to associate and publish information with Your Content, including without limitation, information provided by or about You, and descriptions, critiques and evaluations of Your Content;
the right to modify, edit, adapt, prepare and format Your Content as Company and/or other Diversity Production Pro® trademark licensor’s licensees determine in their respective sole discretion is appropriate for the limited purposes of formatting the uploaded Your Content for their respective services and systems, for optimizing visual or sound quality of the uploaded Content and otherwise as Company and other Diversity Production Pro® trademark licensor’s licensees respectively deem appropriate to effectuate the licensed use of such Content on the Website and on other Diversity Production Pro® trademark licensor’s licensee’s websites as contemplated by this Agreement; and
the right to remove, replace, take down, put back up, suspend, temporarily terminate, and/or permanently terminate the use of, any and all of Your Content in, at, on, through and/or in association with, the Website and/or any and all other Diversity Production Pro® trademark licensor’s licensees’ websites at any time.
User License. You also hereby grant to each user of the Service and each user of any of Diversity Production Pro® trademark licensor’s licensees’ services a non-exclusive license to access Your Content through the Service and through each of Diversity Production Pro® trademark licensor’s licensees’ services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Service and/or Diversity Production Pro® trademark licensor’s licensee’s respective services, and under the terms of this Agreement and Diversity Production Pro® trademark licensor’s licensees’ respective terms of use agreements (“User License”) .
You Grant Content Licenses and User Licenses Each Time Content Is Submitted. You acknowledge and agree that when You submit Your Content to Diversity Production Pro® and/or Company via the Website or by any other means, that by providing Your Content to the Company, You will, by each such act, be simultaneously be granting a Content License and a User License, as set forth above, with respect to and regarding such Content You submit.
Termination Of License. The above licenses granted by You regarding Your Content submitted to the Service shall terminate within a commercially reasonable time after You remove or delete Your Content from the Service, and, as applicable, from such other Diversity Production Pro® trademark licensor’s licensees’ services using Your Content, if any. You understand and agree, however, that Diversity Production Pro® and Diversity Production Pro® trademark licensor’s other licensees may retain server copies of Your Content that have been removed or deleted from their respective services by You. Notwithstanding the foregoing, You acknowledge and agree that any and all licenses granted by You in, to, or otherwise regarding, user comments that You have submitted to the Service and/or to other Diversity Production Pro® trademark licensor’s licensees’ services shall be perpetual and irrevocable.
Removal Of Your Content from The Website. If You would like any of Your Content (except for user comments) to be removed from the Diversity Production Pro® Website, You may do so by contacting support@diversityproduction.pro. You acknowledge and agree that the Company shall have no liability for failure to remove Yours or any other User’s Content from the Website or Service for any reason. If Your Content is included in, on or in association with one or more other Diversity Production Pro® trademark licensor’s licensees’ websites or services, and You would like to remove Your Content from such other websites or services, a similar content removal method as set forth above regarding the Diversity Production Pro® Website will be provided in regard to such other Diversity Production Pro® trademark licensor’s licensees’ websites.
Prohibited Content
No Unlawful or Infringing Content. You agree that You will not upload any Content that violates any law or regulation or infringes, violates, or misappropriates any person’s or any entity’s rights, including, without limitation, any person’s or any entity’s intellectual property rights or other proprietary rights, any privacy rights, or any contractual rights.
No Sexual Depictions of Children. You expressly agree that You will not upload or otherwise provide to Diversity Production Pro® or to Company any Content that contains any depiction of a minor engaged in “sexually explicit conduct” as defined in 18 U.S.C. SS2256 (2)(A)
No Nudity or Sexually Explicit Conduct. You expressly agree that You will not upload or otherwise provide to Diversity Production Pro® or to the Company any Content containing nudity or any actual or simulated sexually conduct, any obscene matter, or any Content subject to subject to 18 U.S.C. SS2257 and/or 18 U.S.C. SS2257A.
No Objectionable Content. You expressly agree that You will not upload or otherwise provide to Diversity Production Pro® or to the Company any Content that is indecent, offensive, bigoted, hateful, malicious, defamatory, or harmful to minors or any Content that depicts actual or simulated cruelty or harm to animals.
No Personal Information Regarding Any Person Under the Age Of Sixteen (16) Years. You agree that You will not at any time upload or otherwise provide any personal information regarding any person under the age of sixteen (16) years, including without limitation, any name, email address, mailing address, telephone number, social security number or other personally identifying information.
Important Website and Content Access And Use Restrictions.
All Content on The Website Is Proprietary. All photographs, videos, music, sound recordings, Audiovisual Works, software, text, images, graphics, user interfaces, trademarks, logos, artwork, and other Content, including but not limited to the design, selection, arrangement, and coordination of such Content on the Website is owned by the Company or its licensors and is protected by copyright, trade dress, and trademark laws, and other intellectual property laws. Except as expressly provided in this Agreement or Service-Specific Terms, no part of the Website and no Content may be reproduced, recorded, broadcast, distributed, uploaded, posted, altered to make new works, performed, digitized, or transmitted in any way to any other computer, website or other medium, or used for any commercial purpose, without the prior written consent of the Company or the respective licensors of the Content. The Company and its licensors reserve all rights not expressly granted in and to the Service and the Content.
Personal Authorized Use Only. As a visitor to Diversity Production Pro®, You shall have a nontransferable, nonexclusive, non-sublicensable license to use the publicly accessible areas of Diversity Production Pro® Website for personal use only. You may not use the Diversity Production Pro® Website, or any Content available in, at, on, through, from, or in association with, the Website, or any Service provided by the Company, for any commercial purpose whatsoever. You may not create derivative works of, or re-digitize, any such Content provided by the Company or Members, or use any such Content in conjunction or in combination with any third-party content (e.g., to provide an audio or visual component of an audiovisual work). You acknowledge and agree that no use of the Diversity Production Pro® Website or any Content associated therewith, no use of any Service provided by the Company, and no use of the Diversity Production Pro® trademark, are permitted except as expressly authorized by this Agreement and/or Service-Specific Terms associated therewith. Without limiting any of the other indemnification provisions set forth in this Agreement, You agree that to the fullest extent permitted by applicable law, You shall fully indemnify all Indemnified Parties, including without limitation, the Company, and the Company’s licensors, for any and all failures by You to fully comply with terms set forth in this Paragraph.
No Downloading Unless a Downloading Option Is Provided. You agree that You will not download any Content from the Website or the Service unless the Company has provided You with the authorization and the means to download the Content by engaging a “download” button or similar link displayed in close association with the Content.
All Content Is Provided “As Is”. All Content available to You in, at, on, through, from, and in association with, the Website and/or Service is provided to You AS IS. You may access such Content for Your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Use.
No Circumvention of Content, Website or Service Security Features. You agree not to circumvent, disable, or otherwise interfere with any security-related system, function or feature of the Website or Service, or any system, function or feature designed to prevent or restrict the use or copying of Content or otherwise effectuate one or more limitations on the use of the Website, the Service, and/or any Content associated therewith.
Company And Company’s Licensors Shall Not Be Responsible for Member-Generated Or Third-Party Content. You understand and agree that when You are using the Website and/or the Service, You will be exposed to Content from a variety of sources, including, without limitation Content provided by other Members, and Content provided by other Affiliated Content Providers, and that the Company and its licensors are not, and shall not, be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to, such Content. You further understand and acknowledge that You may be exposed to information and other Content that is inaccurate, offensive, indecent, and/or objectionable, and You expressly agree to waive, and hereby do waive, any and all legal and equitable rights and remedies You have or may acquire in the future against the Company, the Company’s licensor(s), and/or their respective licensors and licensees with respect thereto, and, to the extent permitted by applicable law, You agree to indemnify and hold harmless all Indemnified Parties to the fullest extent allowed by law regarding all matters related to Your use of the Website, the Service and Content directly or indirectly related thereto.
Use Only in Accordance With This Agreement Is Authorized. You acknowledge and agree that You may only access, view, listen to, download, and receive materials available at, in, or through, Diversity Production Pro®, the Website and/or one or more Services provided by the Company, including without limitation, Content provided by Affiliated Content Providers, only in accordance with this Agreement, Service-Specific Terms, and other applicable rules, notices and agreements posted on the Website, and their posted revisions, including, without limitation, specific terms and condition associated with the acquisition and use of Affiliated Content Provider’s Content.
Access By One Computer at a Time. You may access and use the Website only on one computer at a time and You may only make a single ephemeral copy of the parts of the Website You are currently visiting in the random-access memory of Your computer.
Reproduction or Publication of Parts of The Website Is Strictly Prohibited. Except for providing links to the Website and/or the URL locations of Content published on the Website, You may not re-publish or provide any parts of the Website or any of Affiliated Content Providers’ Content to any other person or entity without express prior written authorization by the Company. Such prohibited uses include, without limitation, transmission of the Website and/or Content associated therewith by emailing, phone messaging, or by any other means of publication or dissemination of reproductions of the Website or such Content, in whole or in part, including without limitation, via any web page, including without limitation, on any personal web page You may own or be affiliated with, including any Face Book(R) page, any Google+(R) page, any LinkedIn(R) page, any Twitter(R) page, or by the use of any other social networking sites, regardless of whether any of the aforementioned uses are commercial or non-commercial. You acknowledge and agree that any and all such unauthorized use by You shall constitute intentional and willful copyright infringement by You that could subject You to serious and substantial potential liability and monetary damages.
Your Use of The Website And Services Shall Be Subject To All Applicable Laws And Regulations. You agree that Your use of the Website and all Services provided by the Company shall at all times be subject to, and in compliance with, all applicable local, state, national and international laws and regulations and that You shall at all times be solely responsible for all acts and omissions that occur by, or otherwise in association with, Your use of the Diversity Production Pro® Website. No software or any other Content available in, at, or through this Site may be uploaded, downloaded, imported, or exported in violation of any law including, without limitation, to countries that are subject to any governmental export restrictions.
Website and Service Content Is Licensed and Not Sold. Use of the Website, the Service, and the Content contained or otherwise associated therewith are subject to a limited license for Your use in accordance with this Agreement and applicable Service Specific Terms while You are a User in Good Standing, and such Content is not sold or assigned, notwithstanding use of any terms such as “sell,” “purchase,” “order,” or “buy” on the Website or in this Agreement. Any and all licenses granted to You to download Content from the Website are nonexclusive, nontransferable, and non-sublicensable.
Consequences of Unauthorized Use of The Website And/or Services. You hereby acknowledge that You understand, and that You hereby agree, that You must abide by these terms and conditions, or any accessing or use of the Website, and Service by You will not be authorized. The unauthorized accessing of the Company’s computers and databases in excess of the authorization expressly granted by the Company in this Agreement may violate state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. SSSS 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. SS 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code SS502, and may constitute trespass to chattels, and intentional copyright infringement(s) of the Company’s and third-party’s copyrights under the laws of the United States and other countries. You further acknowledge that You understand that any such unauthorized access of the Website and/or Company Content or Affiliated Content Providers’ Content on the Company’s computers could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Company’s or a Member’s copyright in a single work could subject You to statutory damages of up to $150,000 per work infringed, or greater actual damages.
Diversity Production Pro® Community Code of Conduct. You agree to use the Website and all Services provided by the Company in strict accordance with this Diversity Production Pro® Community Code of Conduct.
(I) You shall at all times act professionally and be courteous to Members and other Users of the Website and shall not use Diversity Production Pro®, the Website or any Service provided by the Company to engage in any harassing, abusive, disruptive or offensive behavior, or to post or upload any communication or other Content that contains libelous, slanderous, abusive, defamatory, racist, obscene or offensive language or other material.
For example, when commenting on another Member’s profile or creative work, if You are provided a means to do so, You agree that You will only engage in constructive commentary and refrain from abusive comments. You agree that You will not engage in any activity or behavior that directly or indirectly interferes with any Member’s or Website User’s use or enjoyment of the Website or Services provided by the Company. You also agree not to send any unwelcomed communications to any Diversity Production Pro® Members or Users or use Diversity Production Pro® or any Service provided by the Company to send unwelcomed communications to others.
(II) You shall not use Diversity Production Pro®, the Website or any Service provided by the Company in any manner that infringes, misappropriates, or otherwise violates any person’s or entity’s rights.
For example, You may not upload any photographs, videos, recordings, text or other Content to the Website that does not belong to You or for which the You do not have all the required rights to do so at the time of uploading.
You may not copy, sell, license, broadcast, transmit, distribute, perform, display, rebrand, or otherwise use any information or other Content accessible in, at, on, through, from or in association with, Diversity Production Pro®, the Website or any Service provided by the Company (excluding Your Content) except as permitted in this Agreement or as otherwise expressly authorized by the Company.
You may not use Diversity Production Pro®, the Website or any Service provided by the Company to publish information that You do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such confidential information, information learned or disclosed as part of an employment relationship, information covered by or under a nondisclosure agreement, or any “insider” information).
You may not use the Diversity Production Pro® trademark, or any of the Company’s or the Diversity Production Pro® trademark licensor’s brands, logos, or other trademarks for any purpose unless You have received express prior written authorization from the Company and the Diversity Production Pro® trademark licensor to do so.
(III) You shall not to remove or attempt to remove any notices or labels (including without limitation, any copyright or trademark notices or symbols) or any advertisements associated with, or incorporated into, the Website or any Service provided by the Company, or incorporated into any Content displayed or posted at, on, in or in association with, the Website.
(IV) You shall at all times comply with all applicable laws and You shall not use Diversity Production Pro®, the Website or any Service provided by the Company to engage in any form of illegal conduct.
Without limiting the foregoing, You agree that You will not use Diversity Production Pro®, the Website, or any of the Services to
(i) unlawfully acquire or use any other Member’s or other User’s personal information; (ii) advertise, promote, market, buy, or sell any illegal products or prohibited activities; (iii) upload, download, distribute or transmit child pornography, obscene material, or material not compliant with 18 U.S.C. SS2257 or SS2257A; (iv) threaten, harass or injure any person; or (v) violate any law regarding the transmission of technical data or software exported from the United States.
(V) You agree that You will not engage in any unlawful or inappropriate use of email to promote Yourself or any other person or entity on or in association with Diversity Production Pro®.
You expressly represent and warrant that You are familiar with the CANSPAM Act and that You will not engage in any activity that violates the CANSPAM Act or any other law regulating the transmission of email. You agree not to engage in any activity the comprises the sending of junk email, chain letters, duplicative or unsolicited messages or unlawful “spamming” in connection Your use of any Services provided by the Company. You may not use Diversity Production Pro® or any Service provided by the Company to promote or participate in any “chain letters,” “pyramid schemes,” or any similar forms of communication.
(VI) You agree that You will not post inappropriate, inaccurate, harmful or objectionable Content to Diversity Production Pro® or use any such materials in association with Your use of the Website or any Service provided by the Company.
(VII) You shall only provide truthful and accurate information to the Company and to the Service, including without limitation, all information You post in Your Profile Area.
For example, without limiting the foregoing, You acknowledge and agree that You shall not upload, post, email, transmit or otherwise make available any information or other Content that:
(i) falsely states or otherwise misrepresents Your identity; or (ii) contains a forged header or false identifiers to disguise the origin of any communication transmitted through or in association with Diversity Production Pro® or any Service provided by the Company.
(VIII) You shall not attempt to sign up for or otherwise create a Membership for any person except for Yourself, a natural person and You shall not create more than one Membership for Yourself.
You may not set up a membership for an entity, such as a corporation, a trust, or a limited liability company.
(IX) You shall not create more than one user profile or a user profile for anyone other than Yourself, a natural person, except for Child Profiles. You are authorized to create for Your minor child(children) over the age of sixteen (16) years subject to the terms of this Agreement and the document entitled “Setting Up a Child Profile” (Click [child]) to see a copy of this document).
(X) You shall not impersonate, or falsely claim an affiliation with, any person or entity.
For example, You shall not directly or indirectly engage in any activity in association with Your use of the Website or any Service provided by the Company in which You claim a false affiliation with the Company, any employee or agent of the Company or any other Member.
(XI) Because You acknowledge that information You provide in Your profile and post elsewhere in, at, or on the Website or through the Service will be public information, You agree that You will not post or provide information that You consider to be confidential or that You wish to keep private.
(XII) You shall not attempt to gain unauthorized access to Diversity Production Pro®, the Website or any Service provided by the Company, or to any of the Company’s, or its agents’ servers or databases.
You agree that You will not attempt to access any prohibited files or any of the Company’s computers or databases beyond the authorization expressly granted to You by the Company. You also agree that You will not attempt to acquire another Member’s password or access another Member’s account.
(XIII) You shall not attempt to establish unauthorized hyperlinks to any password-protected parts of the Website or to any materials in, at, on, or associated with, the Website without express permission from the Company to do so.
(XIV) You shall always use due care not to upload any viruses or other Harmful Software to the Website or use any Harmful Software in association with any Service provided by the Company.
For example, You agree that You will at all times take care not to upload any files (e.g., video files, text files, etc.) to the Company’s servers that contain any viruses, time bombs, cancel bots, worms, Trojan horses or any other Harmful Software. You also agree not to engage in any activity that interrupts or limits the functionality of any computer software, hardware, or telecommunications equipment of the Company or of any User of Diversity Production Pro®.
(XV) You shall not use the Website or any Service provided to You by the Company for any commercial purpose.
(XVI) You shall not use Diversity Production Pro® to directly or indirectly set up, develop or attempt to set up or develop any kind of sales network, multi-level marketing plan, pyramid scheme, or any similar endeavor.
(XVII) You shall not upload any Content to Diversity Production Pro® or the Website that advertises or promotes any competitor of the Company or any third-party products or services.
For example, You agree that the foregoing prohibition includes, without limitation (i) any marketing or promoting of any other website that is not expressly authorized by the Company, and (ii) any marketing or promotional activity that reasonably appears to be intended to divert traffic to another website or business, including, without limitation, a website(s) or business of any of Company’s competitors.
(XVIII) You shall review and comply with our Privacy Policy (please click here to view Our Privacy Policy.
(XIX) You shall promptly review and comply with all notices sent to You by or on behalf of the Company concerning Your membership and/or Services provided to You by the Company.
(XX) You acknowledge and agree that all of the following activities are strictly prohibited. You may not attempt to or actually:
access the Website or any Service provided by the Company by any means other than through the interfaces provided by the Company;
engage in “framing,” “mirroring,” or otherwise simulation of any appearance, trade dress, or function of Diversity Production Pro® or any Service provided by the Company;
“deep-link” to any part of the Diversity Production Pro® Website for any purpose except for promoting Your profile in accordance with, and subject to, the terms of this Agreement.
sell or license any Content available in, at, on or associated with Diversity Production Pro® or any Service provided by the Company;
reverse engineer, decompile or disassemble the source code for any underlying feature or function of Diversity Production Pro® or any Service provided by the Company;
create any derivative works based on Diversity Production Pro®, the Website, or any intellectual property underlying or relating to any of the Services provided by the Company;
use any bots or other automated methods to access, “spider”, “crawl” or otherwise acquire data in, on, at or from any Diversity Production Pro® web page or any Service provided by the Company, or to download Member information or other Content, or to send or redirect messages to other Members or Website users;
use Your membership or any Content You access in, at, on, through, from, and/or in association with Diversity Production Pro® or any Service provided by the Company to create or promote any business in competition with Diversity Production Pro®; or
circumvent or override any security feature or functionality of Diversity Production Pro®, the Website or any Service provided by the Company.
(XXI) Members shall block and otherwise prevent any and all use of Diversity Production Pro® by their minor children under the age of 13.
(XXII) It shall at all times be Your obligation to update Your information on file with the Company as necessary.
(XXIII) You shall frequently check for revisions and modifications of these Terms of Use.
The bold text comprising Diversity Production Pro® Community Code of Conduct provisions are not paragraph headings. Each separately numbered provision, including such bolded text and all other included text, constitutes a separate Diversity Production Pro® Community Code of Conduct provision.
Note: provisions set forth in the Diversity Production Pro® Community Code of Conduct applicable to Members, such as those pertaining to Content uploaded by Members (referred to as “Your Content”), will not apply to You if You are not, and have not been, a Member.
Termination.
Termination By the Company. You acknowledge and agree that We, in our sole discretion, may terminate or suspend Your access to all or part of the Website and/or all or part of the Services at any time, and that such termination(s) and suspension(s) may be temporary or permanent, and may be with or without notice, for any reason, including, without limitation, Your breach of this Agreement, or for no reason. Company also may also suspend and/or terminate Diversity Production Pro® and/or any and all Services at any time.
Termination of Use of Your Profile and Your Content.
Your Content, Profile and Other Data Provided By You May Remain On The Website Until You Request Their Removal. Any and all profiles, Content and other data provided by You may remain active on the Website until You remove them.
Rights To Use Your Content Continues Until Your Removal. You also expressly acknowledge and agree that all the licenses that You grant regarding Your Content shall continue in full force until You remove Your Content from the Diversity Production Pro® Website and from such other websites, if any, on, in or from which Your Content is accessible pursuant to this Agreement. You acknowledge and agree that the Company and the Diversity Production Pro® trademark licensor shall to have the rights to use Your Content as licensed by You unless and until You have removed Your Content from the subject website(s) as set forth above.
No Obligation to Remove References To You Or Your Content. While Company shall use commercially reasonable efforts to remove public access to the digital file(s) comprising Your Content in response to a proper request from You to do so, any and all references to Your Content by title or otherwise, and all other information associated with Your Content that are posted on the Website, and/or in association with any Services provided by the Company, including without limitation, identifications, descriptions, performer data, and critiques, including critiques and data in Members’ areas, shall not be subject to required removal by the Company from the Website for any reason. You acknowledge and agree that any and all such information associated with Your Content may persist in, on, at or in association with the Website, Diversity Production Pro®, Services provided by the Company, and in association with all other websites that have ever been authorized to contain or display Your Content. Notwithstanding the foregoing, nothing herein shall constrain or limit the Company’s unlimited right, in its sole discretion, to remove and/or restore such information in whole or in part from the Website, Diversity Production Pro®, and/or any and all Services provided by the Company.
Survival. The following provisions, including all subparagraphs thereof, shall survive the termination of Your right to Use the Website and/or any Services provided by the Company, regardless of the reason for such termination: 1, ***11, 12, 13, 14, 15,16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 30, 32, 33, and 34.
Service Marks (Trademarks). “Diversity Production Pro®” is a service mark licensed to Education Media, LLC. All use of the Diversity Production Pro®” trademark is by permission only. No use of the Diversity Production Pro® mark or any other marks owned by the Diversity Production Pro® trademark licensor shall be permitted except through the prior written authorization and permission of the Diversity Production Pro® trademark licensor. All rights in and to the Diversity Production Pro® mark are expressly reserved by the Diversity Production Pro® trademark licensor (owner).
Indemnification For Unauthorized Use of Content, Website or Other Proprietary Materials. You agree that You shall be personally liable for any and all breaches of this Agreement by You. To the fullest extent permitted by applicable law, You also agree to fully indemnify all the Indemnified Parties for any and all damages, costs, and expenses, including attorneys’ fees, directly, indirectly and/or consequentially resulting from (i) any breach of this Agreement by You, including from any breach of any warranty, covenant or obligation; (ii) any claims that You have infringed or violated any rights of any person or entity, including any copyrights, trademark rights, name, likeness or voice rights, privacy rights, and contract rights; (iii) any claims of liable, slander, defamation or false light, (iv) any violation of any regulation or law; (v) any unauthorized use of any parts of the Website or Content provided by other Members, Affiliated Content Providers, or the Company; (vi) any misrepresentation by You, or (vii) any unauthorized use of Diversity Production Pro®, the Website, and/or any Service provided by the Company. The foregoing indemnification shall cover and apply to, without limitation, any and all damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website or any Content at, in, on or associated therewith, in whole or in part, by You, alone, or with, or under the authority of, any other person(s) or entity(ies).
Authorization And Permission to Communicate With You. Please read our PRIVACY POLICY (Please click here to access our PRIVACY POLICY). You hereby authorize, permit and request notices, advertisements, e-mail and other communications of any and all kinds to be sent to You from the Company, other Members and Affiliated Content Providers and their authorized agents, assigns, representatives, successors, affiliates and contractors, to Your email address(es) and other contact points that You provide to the Company. You agree that the Company shall not be under any obligation or restriction regarding the sharing, renting, licensing and/or sale of Your email information to third-parties. You agree that Your request, authorization and permission to the Company to send You materials and communications herein shall continue to be in effect unless and until You notify the Company that You wish to be deleted from the Company’s email list in the manner set forth in the PRIVACY POLICY or by following the instruction below, in which case, You acknowledge and agree that the Company shall be obligated only to delete You from its email list and not the email list(s) of any third-parties that have acquired Your email information, regardless of how or when such parties obtained Your email information directly or indirectly from or through the Company. You acknowledge and agree that You will need to contact such third parties to be deleted from their respective email list(s). If You do not wish to receive advertising email from Company CLICK here.
Opt-out and Cancellation Provisions. At any time, You may opt out of future advertisement and promotional e-mailings and cancel Your receipt of e-mails, except for business communication and/or relationship emails, from the Company by clicking the unsubscribe link at the bottom of an e-mail advertisement sent to You by the Company or by sending an e-mail cancellation request to support@diversityproduction.pro. Notwithstanding the foregoing, You agree that the Company may at all times, to the fullest extent of the law, continue to communicate with You by email regarding any and all business transactions You have entered into with the Company.
Acknowledgment of Privacy Policy. You hereby acknowledge that You have read and agree to the Company’s PRIVACY POLICY and that You expressly waive any claims against the Company that arise in relation to any matter relating to the use of personal information You provide to the Company.
No Actions Resulting from Registration In “No Contact” Registries. You hereby agree that You will not bring any action against Company, any Affiliated Content Providers, any Website Users, any of the Website’s affiliates, the Diversity Production Pro® trademark licensor, any of the Diversity Production Pro® trademark licensor’s other licensees, or any of any of the aforementioned parties’ principals, employees or agents, as a direct or indirect consequence of Your registration of an email address, mailing address, telephone number or other contact point with any governmental “do not email” registry with respect to any such contact point You have provided to the Company and/or one or more Affiliated Content Providers after indicating that You have given the Company and/or such Affiliated Content Providers permission to send You email. You agree to indemnify the Company and all other Indemnified Parties for, from and against any and all expenses and damages, including any and all fines, penalties and attorney’s fees that result from, arise under, or are otherwise related to, any breaches of Your obligations in this Paragraph and for any actions against Company and/or any other Indemnified Parties that result from any party sending You email that You have requested or authorized the Company, its affiliates and/or one or more Affiliated Content Providers to send You.
Automated Contact Features. If You provide contact information to the Company at any time, You agree that the Company and its licensees and sublicensees may, in the Company’s, its licensees’ and sublicensees’ respective individual discretion, cause or allow You to be contacted by one or more “persons”, as that term is defined below, as a part of an “Automated Contact Feature”.
A “person” for purposes our automated contact features may be a real person, such as Member or another User or Service recipient, or a digital actor, such as an avatar or a synthespian (e.g. a computer generated “person” or “character’). Such person may be generated or employed by the Company or a third-party to enhance Your online experience. For example, such person may provide an electronic introduction to new or existing Website feature or functionality, or Service offered by the Company.
You agree that such “persons” may also provide to You, or enable You to receive, digital introductions from other Members. Such “persons” may also be employed to enhance online relationships, encourage active participation in the Website or Services offered by the Company or affiliated parties, or to discourage inappropriate behavior
You agree that such “person” may be a current or past Diversity Production Pro® Member or Website User, an independent contractor, a digital creation, You, or a digital representation of You.
All such “persons” are not, and shall not be deemed to be, authorized agents or representatives of the Company unless they are prior authorized by the Company in writing to be so, and that authorization is clearly visible in the communication from such “person”. No real or digital person, entity, digital actor or other synthetic creation acting as a part of, or in association with, any Automated Contact Feature is empowered by the Company to use any of its websites, any Diversity Production Pro® membership or any other function or feature of the Website to sell or trade anything, or to may make any promises or representations, or otherwise act, on behalf of Company, or bind Company to any agreement or contract without express prior written authorization by the Company to do so.
If You should receive a communication by a person through or in association with any Automated Contact Feature purporting to be a communication from the Diversity Production Pro® or the Company, such as an “Official Informational Communication” as defined herein (see below), You may, and are encouraged to, verify that such communication is indeed authorized by the Company by contacting Us through Our Customer Service Department, which can be accessed by clicking here. Please report all inappropriate or suspicious behavior pertaining to any automated contact feature to us via the preceding link.
By using the Website, receiving any Services from the Company or by otherwise agreeing to these Terms and Conditions, You hereby authorize, the Company to use or allow, in its sole discretion, one or more Automated Contact Feature persons to communicate with You via email, via instant messaging programs, and/or by any and all other means now known or hereinafter invented for the purposes set forth above, any other purpose set forth in, or consistent with, this Agreement or any future modifications hereof, and for any and all other lawful purposes.
You also hereby expressly authorize all data in Your profile and all other data regarding Your use of the Website and/or the Services to be used in, and in association with, Our Automated Contact Features, including, for example, to provide introductions to other Members, introductions to other real and fictitious persons, and to assist Us in the formulation and transmission of communications to You.
You hereby expressly acknowledge and agree that all communications by, from, to or in association with, Automated Contact Features are for informative and entertainment purposes only, such as for purpose of communicating “Official Informational Communications” about Your Membership, existing or upcoming programs or features of Diversity Production Pro® or instructions for using Diversity Production Pro® (e.g., messages about membership status, new feature data, how to upload Content, etc.).
You acknowledge and agree that no communication shall be, or shall be interpreted to be, an “Official Informational Communication” unless it clearly indicates that it is an official communication from Diversity Production Pro® or the Company and such communication via an Automated Contact Feature has, in fact, been prior authorized and approved by the Company.
You hereby also expressly acknowledge and agree that any and all communications by or in association with any Automated Contact Features that are not Official Informational Communications are NOT communications from Diversity Production Pro®, the Company or any of its principals, officers, employees, agents, attorneys, contractors or affiliates, nor are such communications intended by the Company or any other party to be communications upon which You should reasonably rely for any purpose whatsoever.
As is the case with all data provided by Diversity Production Pro® Members and/or other Website Users, the Company is not responsible for reviewing, verifying, auditing, policing or modifying the Content of any real person’s profiles or any other communications if such real person acts as, or in association with any Automated Contact Feature, regardless of how or when such communications are made.
Use Of the Website To Communicate With Others.
No Endorsement Of Communications. The Company does not endorse or arrange personal, professional and/or social communications or meetings between or among Members, Affiliated Content Providers or other Users of the Website. You are expected to use common sense and take appropriate measures and precautions in the event that You choose to communicate with, or meet with any person or entity with whom You have communicated through the use of any public areas or chat areas of the Website, if any, and/or through any Services or materials provided by the Company, a Company affiliate or any Affiliated Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by email, by videoconferencing, by telephone or by any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Members, Website Users, any Affiliated Content Providers, or any other Company affiliates, or through any use, directly or indirectly, of the Website and/or Services provided by the Company.
Links To Third-Party Websites. You acknowledge and agree that links on the Website to external websites with or without related third-party company logos shall not be deemed to constitute endorsement by Company of the opinions or views expressed at such linked websites (“External Websites”) or by such third-party companies. We have no editorial control or supervision over selection or display of such content provided by such third-parties or such third-party Websites and such third parties are solely responsible and liable for all such content. Company does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained in, at, on or available through any External Website. Furthermore, Company shall not be responsible for the quality or delivery of the products or services offered by, accessed at, or advertised in any External Website. As such, neither Company nor its subsidiaries or affiliates shall be responsible for any errors or omissions or for the results obtained from the use of content or other information contained in, at, on or available through any External Website. To the extent that an External Website collects personal information or postings from the end users, be advised that in no event shall Company assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance at, in, on, through or in association with any External Website. You acknowledge and agree that Company shall not, under any circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information, content, products or services contained in, at, on or available through, any External Website.
Communication With Advertisers. Members and other Users may from time to time enter into correspondence with, or participate in the promotions of, advertisers or providers of third-party services through, or in association with, the Website. All such correspondence, including, without limitation, any resulting contractual agreements, shall solely be between the advertiser and/or third-party provider and the User. You expressly acknowledge and agree that the Company shall not be responsible for any representations by any such advertisers or third-party providers for upholding any applicable terms, conditions, or warranties made by the advertiser or third-party provider in connection therewith. You acknowledge and understand that We do not screen, endorse, monitor, control, investigate, supervise, or verify any advertisements or promotional material submitted or otherwise provided by third parties for publication via the Website and/or Service, nor make any claims or take on any duty regarding the accuracy or reliability of any such advertisements. The Company is neither an author nor editor of any of the materials uploaded, posted or otherwise made available via the Website by any advertiser or other any third-party. You are therefore cautioned and advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to responding thereto or purchasing goods and/or services described at the Website.
No Monitoring or Screening By Company. You expressly acknowledge and agree that the Company does not monitor the activities of Members or other Users of Diversity Production Pro® or screen any profiles, posts, chat, or other communications between Members or other Website Users or any Content provided to Diversity Production Pro®, the Website, or any Service provide by the Company, and the Company shall not have any duty to do so. You further expressly acknowledge that the Company has no control over any such communications or Content and the Company makes no representations or warranties whatsoever with respect to the character or veracity of any such profiles, posts, chat, notices communications or Content. You expressly acknowledge and agree that the Company shall have no liability whatsoever resulting from any lack of truth or accuracy, or any Member’s or other User’s lack of rights, regarding any profiles, posts, chat, other communications, or other Content made available in, at, on, through, from or in association with, Diversity Production Pro®, the Website, or any Service provide by the Company.
Services Enabling You to Communicate with Members and/or Other Website Users. The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Members and/or Users of the Website or persons who offer to provide a service to Members or other Website Users, such as Affiliated Content Providers. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice, and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access and use the Website, Diversity Production Pro® and Services provided by the Company. You agree to fully indemnify Company and any other affected Members and other Website Users for any and all breaches of Your obligations in this Paragraph.
You Shall Be Responsible for All Your Diversity Production Pro® Communications. You acknowledge and agree that You shall at all times be solely responsible for all messages, materials, information and Content You post, upload or otherwise provide to the Website and/or the Company. You further acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability, or other consequences, foreseen and unforeseen, regarding all messages, materials, information, and Content that You submit, upload, provide, publish, display, disseminate or otherwise communicate through the Website even if one or more claims for damages or liability arise after termination of Your Membership or this Agreement.
Company Is Not Responsible for Content Uploaded Or Otherwise Provided By Others. You acknowledge and agree that Company is not, and shall not be held, responsible or liable for the quality, legality, or any other matter regarding, any Content, products, services, or information, including email, that is directly or indirectly transmitted, posted, provided, or otherwise made available to You by Members, other Affiliated Content Providers, advertisers, or any other third-parties. You further expressly acknowledge that We do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information, or Content of any kind which has been posted, uploaded, transmitted, or otherwise provided by other Users, Members, other Affiliated Content Providers, the Company’s other affiliates, advertisers, or any other third-parties.
Release Of Company from Liability Regarding Content. You hereby release Company and all other Indemnified Parties from any and all liability and responsibility in connection with the Content and all other information, messages, communication and other materials You receive or may receive from the Company, other Users, Members, Affiliated Content Providers, the Company’s other affiliates, or advertisers, and You promise never to bring any action, claim or initiate any dispute of any kind regarding any such Content or other information, messages, communication and/or other materials that are directly or indirectly transmitted, posted, provided or otherwise made available to You in, at, on, through, or in association with, the Website or any Service provided to You by the Company.
Communications Submitted by You Are Not Private. If the Company provides a communication or information sharing service, You agree that any and all messages and other communications by You shall be deemed to be readily accessible to all other Users of the Website, including without limitation, all future Users, who are authorized to access the Website, Diversity Production Pro® and/or any Service provided by Company and/or any of the Diversity Production Pro® trademark licensor’s other licensee’s websites and/or services. You further agree that all such messages and other communications shall not be deemed to be private or secure. You further acknowledge and agree that all messages and Content posted or otherwise transmitted by You and others in any chat rooms or public areas which may be provided on, or in association with, the Website, if any, shall be deemed to be readily and fully accessible to the general public on terms determined by the Company, and consequently should not be considered private or confidential. Consequently, You should not use the Website for any communication which You intend to be private, confidential, privileged or regarding which You intend or expect that only You and the intended recipient(s) to receive, read or participate in. Regardless of whether the Company provides any type of communication or sharing service(s), You agree that You have hereby been informed and noticed that any and all messages and other communications that You submit to the Company directly or through the Website can be read by the operators and/or other agents and attorneys of the Company whether or not they are the intended recipient(s).
Unlimited Right to Investigate Complaints. Although We do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by You or any third-parties. We reserve the right but not the obligation, in Our sole and absolute discretion, to investigate complaints and review, examine, and/or monitor any and all materials posted or uploaded to the Website, and/or any Service provided the Company, by You or any third-parties, at any time without prior notice to ensure that they conform to Our Content guidelines, the Diversity Production Pro® Community Code Of Conduct, and/or policies of the Website and/or Services that may be applicable thereto.
Right To Delete Communications. We reserve the right, in our sole and absolute discretion, to delete any and all messages, profiles, posts and other Content, uploaded, submitted and otherwise provided to the Website and/or to the Service, including without limitation any and all public postings, without notice, that We, in our sole discretion, determine violate (i) the Diversity Production Pro® Community Code of Conduct, (ii) any other terms of this Agreement, (iii) any Service-Specific Terms, or (iv) any applicable content guidelines adopted from time to time by the Company, or that We determine, in our sole discretion, are otherwise unacceptable.
No Representation, Guarantee or Warranty That Website Or Content Associated Therewith Is Free Of Harmful Or Malicious Code. You understand that the Company does not represent, guarantee, or warrant that either the Website or any Content or any other files You may access at, in or through, or download from, the Website, any Service provided by the Company, and/or any affiliated website, will be free of viruses, worms, Trojan horses, code that may manifest contaminating or destructive properties or any other Harmful Software. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of exposure to, or damage caused by, Harmful Software. The Company does not assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices, or any damage to Your Content or other information through Your use of the Website, and/or Content or other materials You may obtain in association therewith or in association with, or through, any Service provided by the Company or its affiliates.
Your Use of The Website, Diversity Production Pro® And All Services Provided By Company Is At Your Own Risk. You hereby agree that the use of the Website and Service, including without limitation, all materials, features, functions and all other goods and Services provided to You by the Company, and the use of any and all Content provided by the Company, Members, advertisers, and others on, in, at, through, from, or in association with, the Website are provided to You on an “as is” basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or Services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company expressly disclaims all such warranties. Company does not warrant that the functions of the Website or the providing of any Content will be uninterrupted or error-free, or that any discovered defects will be corrected. You expressly agree that under no circumstances and under no cause of action or legal theory, shall Company, or any of the Company’s suppliers, licensors (including without limitation, the Diversity Production Pro® trademark licensor), licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from Harmful Software or materials, or communications by Company, You, or other Users of the Website, or from any use of any Content, the Website or Services provided by the Company. This disclaimer of warranty constitutes an essential part of this Agreement. Some states and countries do not allow exclusions of an implied warranty. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Agreement is ultimately determined to apply to You, You acknowledge and agree that it is the express intent of the Parties hereto that the limitations of liability set forth in this Paragraph and elsewhere in this Agreement shall be construed as broadly as is permissible under applicable law and that the Parties shall do any and all things reasonably necessary to ensure that the limitations of liability set forth in this Paragraph and elsewhere in this Agreement are valid, effective and applicable as intended, including, without limitation, if necessary, to change the applicable choice of laws applicable for dispute resolution regarding matters involving Company’s liability to an applicable choice of laws that does not limit the applicability of the terms set forth in this Paragraph and other limitations of liability set forth elsewhere in this Agreement.
Limit Of Company’s Liability.
Liquidated Damages. Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to access and use Diversity Production Pro® and/or the Diversity Production Pro® Website, and to receive any Services from the Company, You agree that any and all liability that might be attributable to the Company, its officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns that directly or indirectly results from, arises under, or is otherwise related to, Your use of, Diversity Production Pro®, the Diversity Production Pro® Website, and/or any Services provided by the Company, including, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of Content, records and/or communications, whether for breach of contract, negligence, infringement of intellectual property rights, or under any other cause or action, shall be strictly limited to Twenty Dollars ($20.00). Some states and some countries do not allow the limitation or exclusion of liability for incidental or consequential damages and/or liquidated damages. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Agreement should apply to You, You acknowledge and agree that it is the express intent of the Parties hereto that the limitations of liability set forth in this Paragraph and elsewhere in this Agreement shall be construed to be as broad as is permissible under applicable law. You further acknowledge and agree that the Parties shall do any and all things reasonably required to ensure that the limitations of Company’s liability and the liquidated damages provisions set forth in this Paragraph and elsewhere in this Agreement are valid, effective and applicable as intended, including, without limitation, if necessary, to change the applicable choice of laws applicable for dispute resolution regarding matters involving damages to laws that do not limit the applicability of the terms set forth in this Paragraph limiting Company’s liability.
No incidental or consequential damages. You understand and agree that to the maximum extent permitted by applicable law, in no event shall company be liable for any damages to you or to any person or entity claiming rights derived from your rights (including, without limitation, damages for loss of business profits business interruption, loss of business information, or other incidental or consequential damages or any other pecuniary loss) arising out of any of the services provided by company and/or its agents, and/or the use of software or hardware, even if company has been advised, had other reason to know, or in fact knew of the possibility of such damages. You acknowledge that the foregoing sentence reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement, that such voluntary risk allocation was a material part of the bargain between the parties, and that the economic and other terms of this agreement were negotiated and agreed to by the parties in reliance on such voluntary risk allocation.
Company is not responsible, and makes no representations or warranties for the delivery of any messages (such as emails, posting of answers or transmission of any other user generated content) sent through diversity production pro® to anyone.
In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material to us, service, or technology. You acknowledge and agree that the company does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the diversity production pro® community. Therefore, the company disclaims all liability for identity theft or any other misuse of your identity or information, including without limitation, your identity and your information.
Liability Waiver and Release. To the maximum extent permitted by law, You hereby expressly and knowingly release and hold harmless the Company, the Company’s licensors, and the Company’s and the Company’s licensor’s respective directors, officers, members, principals, employees, contractors, suppliers, advertisers, affiliates, agents, attorneys, and all of the foregoing parties’ respective, successors, successors in interest, heirs and assigns (“Released Parties”) from any and all responsibility and liability, including, without limitation, any and all responsibility and liability for any injuries, losses, or damages of any kind, including compensatory, direct, incidental, consequential, punitive, and or other arising out of, relating to, or associated with Your use of the Diversity Production Pro® Website, any and all other Services provided to You by the Company, and all Your other use of Diversity Production Pro®, including, without limitation, any and all injuries, losses and damages resulting from the exhibition or failure to exhibit or transmit any of Your Content, for any reason, including but not limited to, negligence, human or technical error, any actions of any third-party, including, without limitation, any governmental entity, any and all occurrences of one or more Force Majeure events, and any and all cancellations, terminations, suspensions or material modifications of the operation of the services provided by the Company, and/or Diversity Production Pro® in whole or in part. You further expressly and knowingly release and discharge the Released Parties from all actions, causes of action, suits, debts, agreements, promises, liabilities, demands, damages, losses, and claims, known and unknown, of any and every kind whatsoever that You may have or may ever claim to have. You further expressly and knowingly agree that neither You nor any successor or assign will initiate any legal action of any kind against any Released Party regarding any type of loss or injury You might suffer if that loss or injury arises out of, relates to, or is in any way associated with, Diversity Production Pro® or any Service provided to You by Company, including, without limitation, the Member-Generated Content Service. You expressly agree that if any party initiates any such legal action on behalf of You or any party initiates such legal action on behalf of itself because the party has acquired a right to bring such action from You, You shall be liable for, and pay for, any and all damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys’ and experts’ fees and costs, incurred in connection with such action. You knowingly and expressly acknowledge and agree that the waivers and release of liability, and the promise not to bring any action against any Released Party set forth in this Paragraph are material inducements for Company to provide You with the opportunity to access and use the Diversity Production Pro® Website, and to enter into this Agreement, and, but for such material inducements, Company would not have extended such offer to You or entered into this Agreement with You.
Release of Liability for Use Of User Content You Provide. You expressly release Company and all the other Released Parties from any and all liability arising in connection with Company’s authorized use of Your Content uploaded to the Website or otherwise provided to Company, if any, as well as for any use of any authorized derivative Works made thereof. You further expressly release the Released Parties from any and all liability for associating Your name, username and/or likeness with Your Content and/or derivative works therefrom, and for any and all liability for distortion or other alteration of Your Content and derivative works made therefrom, including, without limitation, for any and all such alterations that occur as a result of any interruption or corruption of transmission of any of Your Content at the time it is uploaded by You to the Website or otherwise provided to the Company.
Release Of Liability for Communications to You. You hereby release Company and all the other Released Parties from any and all liability and responsibility in connection with any and all information, messages, communication and other materials You receive from the Company and/or other Users of the Website and You promise never to bring any action, claim or initiate any dispute of any kind against any Released Party regarding any such communications or other materials You receive.
Intent Of This Paragraph 17. The provisions of this Paragraph 17, including its subparagraphs shall survive the termination of Your Membership and/or this Agreement for any reason and apply at all times even though the loss or damage, irrespective of cause or origin, results directly or indirectly, either from performance or non-performance of obligations imposed by this Agreement. You and the Company acknowledge that some states do not allow the limitation or exclusion of liability for incidental or consequential damages, and that in those states the above limitation or exclusion may not apply. Notwithstanding the foregoing, You and the Company expressly agree that it is Yours and the Company’s express intent that the liability limitation provisions of this Paragraph 17, including all subparagraphs, shall apply to the subject matter of this Agreement to the fullest extent under law and that the Parties shall do whatever is reasonably necessary to effectuate that intent. To achieve the aforesaid express intent, if the laws of the jurisdiction set forth in this Agreement as the jurisdiction which laws are to be applied in resolving disputes hereunder materially limits or precludes the application of the limitation of liability provisions(s), including without limitation, the liquidated damages provision, set forth above, as they apply to limit the liability of Company, notwithstanding the choice of laws and jurisdiction provisions of this Agreement set forth herein at the time of execution of this Agreement, You and Company expressly agree that either You or Company shall have the right to change the jurisdiction(s) and the choice of laws provisions of this Agreement with respect to the affected limitation of liability provision to a jurisdiction in which there is no law or limitation that materially limits or precludes jointly or independently the application of the liquidated damages, exclusion of implied warranty, and/or liability waivers provisions of this Agreement as intended by the Parties. You expressly agree that in the event that both You and Company invoke the right to change the jurisdiction and choice of laws provisions of this Agreement as set forth in the preceding sentence, the Company’s choice shall prevail and be applied as the jurisdiction and the choice of laws provisions governing the resolution of disputes and/or application of the liquidated damages and/or other provisions regarding the limitations of Company’s liability. The foregoing shall also apply with respect to the Parties’ intent that this Paragraph17.6 shall not be found to be invalid for any reason. You further acknowledge and agree that the limits of the Company’s liability are expressly intended by the Parties not to be bilateral, that such liability limitations shall not apply to You, and that You expressly acknowledge that Your liability to Company and others for breach of any warranty or other provision under this Agreement or any other agreement with the Company shall under no circumstances be limited by this Paragraph 17 or by any other explicit or implicit provision in this Agreement or otherwise in law or equity. You acknowledge that the foregoing sentence reflects an informed, voluntary allocation between the Parties of the risks (known and unknown) that may exist in connection with this Agreement, that such voluntary risk allocation was a material part of the bargain between the Parties, and that the economic and other terms of this agreement were negotiated and agreed to by the Parties in reliance on such voluntary risk allocation.
Waiver of Section 1542. With respect to the several releases of liability set forth in this Agreement, You hereby acknowledge that You have been advised by Your independent counsel or You otherwise understand the consequences of entering into the general release and discharge of all known and unknown Claims as set forth in this Agreement, and that You are familiar with the provisions of Section 1542 of the California Code, which currently provides that:
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.
You hereby expressly waive any and all rights under Section 1542 and under any other federal or state statutes or laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed or operate to limit any obligation, duty, warranty or other responsibility set forth in this Agreement, in any way.
Cooperation With Law Enforcement. The Company independently reserves the right to fully cooperate with any and all law enforcement authorities and all court orders requesting or directing Company to disclose the identity or other information regarding any person who is using or has used the Website, any Service provided by the Company or its affiliates, or has obtained any Content available on, in, at, through, or in association with, Website. By accepting this Agreement and using the Website, or receiving any Services from the Company, You waive and hold harmless Company, its principals (including, its directors and officers), employees, agents and attorneys from any and all claims resulting from, arising under or related to, any law enforcement authority’s investigations.
Reporting Copyright and Other Intellectual Property Infringement.
Intellectual Property Rights Policy. Diversity Production Pro® is committed to protecting the intellectual property of third-parties. The Company discourages, does not permit, and expressly forbids, the use of its equipment and other property, including without limitation, its computers, servers, and databases for copyright infringing activities and/or the infringement of other intellectual property rights. It is the Company’s policy to treat any persons accessing of Our computers or databases to engage in such activities as persons engaged in unauthorized accessing of, and trespass to, the Company’s computers and databases in violation of law.
How To Report Claims Of Copyright Infringement On The Website If You Are The Owner Of The Copyright(s) And You Are In The United States Or You Are A Resident Of The United States.
DMCA Notice. To report an alleged copyright infringement occurring in, at, on, through, from, and/or in association with, Diversity Production Pro®, the Website and/or one or more of the Company’s Services, You must provide Us with a complete and accurate notice as required by the Digital Millennium Copyright Act (“DMCA Notice”). Although We will reasonably endeavor to review DMCA Notices provided in all languages provided, it will speed our review if You can submit Your report in English.
The Process of Providing Notice. The notification process and related procedures for causing alleged infringing works to be removed from Diversity Production Pro®, the Website and/or one or more of the Company’s Services is set forth in Our online document entitled “Diversity Production Pro® Copyright Policy, Infringement Notification, Take Down and Restoration Procedures”. Please click here to see Our Diversity Production Pro® Copyright Policy, Infringement Notification, Take Down and Restoration Procedures.
Liability For Material Misrepresentation. Please note that You may be liable for damages (including costs and attorneys’ fees) if You materially misrepresent any claim that any Content on the Service is infringing Your copyright.
Counter-Notice and Restoration. The procedure for providing a counter-notice to restore one or more works to the Website, etc., that have been taken down is also set forth in Our online document entitled “Diversity Production Pro® Copyright Policy, Infringement Notification, Take Down and Restoration Procedures”. Please click here to see Our Diversity Production Pro® Copyright Policy, Infringement Notification, Take Down and Restoration Procedures.
Fair Use. Courts in the United States have provided some protection to certain kinds of materials under the Fair Use doctrine, so You should consult with an attorney to make sure the use You are notifying us about is not a fair use of the materials.
How To Report Claims of Copyright Infringement on The Website If You Are The Owner Of The Copy right(s) And You Are Outside Of The United States. To report an alleged copyright infringement occurring in, at, on, through, from, and/or in association with, Diversity Production Pro®, the Website and/or one or more of the Company’s Services, We require a content complaint notice (“Content Complaint Notice”) be provided to the Company in writing. Please be advised that the Content Complaint Notice shall be a sworn statement from You and shall be is subject to our good faith reliance on the information You provide. We require that any copyright complaint include a statement that the use is not an authorized or fair use. We will not accept Content Complaint Notices from third parties that are not expressly authorized to act on behalf of the rightful and true copyright owner. If You are NOT the owner of the subject content that is allegedly being infringed OR THE AUTHORIZED AGENT OF THE OWNER with respect to the work(s) at issue, DO NOT FILE A CONTENT COMPLAINT. Please click here to see Our Diversity Production Pro® Copyright Policy, Infringement Notification, Take Down and Restoration Procedures for further instructions for providing Us with a Content Complaint Notice.
Removing, Or Disabling Access To, Allegedly Infringing Content. Regardless of what a local country law may allow or require us to do when We receive a Content Complaint Notice or a DMCA Notice of infringement of copyright, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity. If We remove or disable access in response to such a notice, We will make a good-faith attempt to contact the owner or administrator of the affected page so that they have the opportunity to provide a counter-notification. If We receive a counter-notification regarding certain Content, We may permit the reinstatement of the Content in question.
False Notification. Filing a false DMCA Notice or Content Complaint Notice will subject a Member to immediate Membership and account termination, and potential liability under the laws some countries, such as United States, where there are serious penalties for filing a false DMCA Notice
No Enforcement Limitation. Nothing in this Paragraph 19 or elsewhere in this Agreement shall waive any rights We have under any statute or regulation to enforce Content rights, or to opt not to enforce them in the jurisdiction where We operate the Service.
How To Report Other Claims of Intellectual Property Infringement By Users. If You wish to report other claims of intellectual property infringement (i.e. non-copyright claims, such as trademark or patent infringement claims) by a Website User, please contact us at support@diversityproduction.pro. We appreciate Your cooperation in providing an English translation of Your report, when possible.
Notices. Other notices from the Company to Members and other authorized Users may be given by means of electronic messages or by general posting on the Website. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at support@diversityproduction.pro and 23233 N. Pima Rd. #113-148 Scottsdale, AZ 85255.
Entire Agreement; Modification and Updating of Agreement. This Agreement, which includes by incorporation Our PRIVACY POLICY (please click here to see Our Privacy Policy) and any and all agreement(s) You have entered into, or enter into in future, with Company, contains and constitutes the entire agreement between You and the Company regarding Your access to, and use of, the Diversity Production Pro®, the Website, and Services provided to You by the Company, including, without limitation, all features and functionality directly and indirectly related to the Website, and all other matters directly or indirectly pertaining to the Website. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third-party or other person. This Agreement may be amended at any time by the Company by updating the online version of this Agreement on the Website and/or by posting at via a link displayed on the home page and/or other pages of the Website. You are advised to frequently check and review the current version of this Agreement, particularly before using any Service provided by the Company, or uploading any Content to the Website.
Special Provisions Applicable to Users Outside the United States. We strive to create a global community with consistent standards for everyone, but We also strive to respect local laws. The following provisions apply to You and other users outside the United States:
You consent to having Your personal data transferred to and processed in the United States
If You are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals You will not engage in commercial activities on Diversity Production Pro® (such as advertising or payments) or operate an application or website.
Provisions applicable to Users in France. The following provisions apply if You are using Diversity Production Pro® in France and You are using a French version of Diversity Production Pro®
In accordance with Article L. 121-20 of the French Consumer Code, You are hereby informed that You have a seven (7) day period from the opening of Your account to exercise Your right of retraction, without any penalty or cause. However, in accordance with Article L. 121-20-2, 1^0 of the French Consumer Code, this right of retraction cannot be exercised once You have used the services of the account in question. You acknowledge and agree that the providing of a profile or any uploading of Content to Diversity Production Pro®or other submission or providing of Content by You shall be deemed to be use of the services of Your account. You also hereby expressly acknowledge that if You register for Membership, We shall immediately commence the provision of the Service(s) upon creation of Your account.
You agree that You will not participate directly or indirectly in a network seeking to implement practices similar to “snowball” sales or services as set forth in Articles L 122-6 and L 122-7 of the French Consumer Code.
Provisions applicable to Users in Germany. The following provisions apply and prevail over the above stated clauses if Your country of registration is Germany, You are using Diversity Production Pro® from Germany and You are using a German version of Diversity Production Pro®:
Liability. Subject to the provisions contained in the following Paragraph and irrespective of legal ground, if the liquidated damages and other limitations of liability provisions set forth elsewhere in this agreement are conclusively and finally deemed inapplicable by a court of competent jurisdiction, then to the extent of such inapplicability, Company shall be liable only for damages resulting from the intentional misconduct or gross negligence of Company, its legal representatives, employees or authorized agents. Further, for damages resulting from the gross negligence of the Company or its authorized agents, liability is limited to damages commonly associated with the agreement in question. Further, for damages caused by the Company or its authorized agents in the absence of intentional misconduct or gross negligence, Company’s liability is limited to the extent that violations extend to obligations the satisfaction of which is of critical importance to the achievement of the respective agreement’s purpose (cardinal obligation). In the event that a cardinal obligation is violated by way of light negligence, liability is limited to damages commonly associated with the agreement in question. The above limitation of liability does not affect liability as prescribed by the German Product Liability Act or for damages from (1) injuries to life, body and health, or (2) the assumption of a guarantee or procurement risk. To the extent that Company’s liability is excluded or limited under the foregoing provisions, such provisions also operate to the benefit of Company’s authorized agents in cases in which a party brings suit against one or more of Company’s authorized agents directly.
Decompilation. In case You download certain software provided by the Company, You are only entitled to decompile the software under the rules provided in Sec. 69e Copyright Act (“Urhebergesetz”) and only after Company has not provided the necessary information and data for allowing to establish interoperability with third party hard- or software after a written request within an adequate timeframe.
Right of Revocation. If the You are a consumer (Sec. 13 German Civil Code), You may revoke registration for any free or premium membership offered in writing (for example by letter, fax or e-mail) without stating a reason within two (2) weeks of registration. Furthermore, You may cancel such registration in writing (e.g. by post, fax or e-mail) within two (2) weeks without stating a reason, after changing from a free membership to a premium membership. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the revocation of the contract to the following address:
Education Media, LLC 777 South Figueroa Street, Suite 4600, DPT#2035Los Angeles, CA 90017
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the You are unable or partially unable to restore the benefits, or only able to restore them in poor condition, to the Company, then the You are obligated to reimburse Us for the corresponding value. Each party must fulfill its obligation for reimbursement within thirty (30) days. The deadline begins for You with the dispatch of the revocation; for the Company, it shall begin with the reception of the revocation sent by You. The right to revoke the contract expires if the Company has begun providing the Service with Your explicit consent before the end of the deadline for the revocation or if You have initiated the service Yourself.
Provisions applicable to Users in The United Kingdom. The following provisions apply and in the event of a conflict prevail over the above stated clauses if You are using the Services as a consumer resident in the United Kingdom:
Disclaimer: do not rely on education media, llc, any information therein, or its continuation. We provide the platform for diversity production pro®
Liability. If the liquidated damages and other limitations of liability provisions set forth elsewhere in this agreement are conclusively and finally deemed inapplicable by a court of competent jurisdiction, then to the extent of such inapplicability, Company does not exclude or limit in any way its liability for fraud or fraudulent misrepresentation or death or personal injury caused by its negligence.
Decompilation. In case You download software provided by the Company, You acknowledge and agree that You are only entitled to decompile the Software to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the software or with another program and such information is not readily available from the Company or elsewhere.
Right to Cancel. You hereby acknowledge that We shall immediately commence the provision of the Services upon creation of Your account. In such circumstances, and because You consent to the commencement of the Services at this time, the right to cancel the contract under the Distance Selling Regulations 2000 is not applicable. However, You may terminate this Agreement at any time in accordance with termination provisions set forth in this Agreement.
Provisions applicable to Users in Italy. The following provisions apply and prevail over directly conflicting terms and conditions to the extent of such conflict if Your country of registration is Italy, You are using Diversity Production Pro® from Italy and You are using a Italian version of Diversity Production Pro®
Liability. If the liquidated damages and other limitations of liability provisions set forth elsewhere in this agreement are conclusively deemed inapplicable by a court of competent jurisdiction, then to the extent of such inapplicability, pursuant to Article 1229 of the Italian Civil Code, the limitations of liabilities applicable to intentional misconduct or gross negligence will not be valid and effective for damages resulting from the intentional misconduct or gross negligence of Company, its legal representatives, employees or authorized agents.
Right of Withdrawal. If acknowledge and agree that You are not a “consumer”, according to Article 64 of the Italian Consumer Code, and You will not be entitled to a period of ten (10) business days to withdraw from the contracts with the Company without any penalty or cause.
Dispute Resolution.
Arbitration. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally by good faith attempts by the Parties after thirty (30) days, shall be referred to and determined by binding arbitration in Los Angeles, California, in accordance with the Commercial Rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States of America. Notwithstanding the foregoing, any and all disputes, which the Parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the Company’s sole discretion shall elect the dispute to be resolved by either (1) a municipal or superior court of competent jurisdiction in Los Angeles, California or (2) a panel of three (3) new arbitrators.
Choice of Law. You agree that this Agreement and all disputes or controversies of any kind arising out of, arising under, or related to this Agreement, and/or arising out of, or arising under, or related to, any of the Services provided by the Company, or to any features or functions available on, in, at, through, or in association with, or in any other way relating to, Diversity Production Pro®, the Website, any or all Services provided by the Company, and/or any Content provided by the Company, by any Members, or by any other Users of the Website or by any Affiliated Content Providers, shall all be governed by and construed under the laws of the State of California and the United States, as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The choice of law provisions shall apply regardless of Your country of origin or from where You access Diversity Production Pro® and/or one or more Services provided by Company, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the Parties hereto shall be governed solely by the substantive statutory and common law of the state of California.
Venue and Jurisdiction. You and the Company hereby agree that the venue for all legal disputes, controversies, and actions of any and every kind arising under or related to this Agreement shall be Los Angeles, California. Further, You and Company agree that in case of any litigation requiring or involving any filing of a lawsuit with a court, such litigation shall be, depending on the subject matter of the dispute, under the jurisdiction of either the Municipal Court of Los Angeles, California, the Superior Court of the County of Los Angeles or the United States District Court for the Central District of California, Western Division. You hereby consent and stipulate to the jurisdiction of the Courts of the State of California and the United States District Court, Central District of California, Western Division.
Time Limitation. You expressly acknowledge and agree that, notwithstanding any statute or law to the contrary, any and all claims and causes of action against Company or any of the other Released Parties arising out of, arising under, or related to, this Agreement must be filed within one (1) year after such claim or cause of action first arises or such claim or cause of action shall be forever barred. Notwithstanding the foregoing, You expressly acknowledge and agree that the aforesaid time limitation shall not apply to any claims or causes of action that the Company and/or any of the Released Parties may have against You, including any claims or causes of action arising from any breach of warranty or other obligation set forth in this Agreement, or any related Agreement (e.g., a Member Content Uploading And License Of Rights Agreement), by You.
Preservation Of Parties’ Intent Regarding Liability Limitations and Liquidated Damages. Notwithstanding the foregoing, to achieve the express intent of the Parties as set forth in Paragraph 17, if the laws of the jurisdiction set forth in Paragraph 23.2 materially limits or precludes the application of the limitation of liability and/or liquidated damages provisions set forth above, or would, or would likely, impose such limitation bilaterally upon both You and the Company, notwithstanding the choice of laws and jurisdiction provisions set forth above, You and Company expressly agree that either You or Company shall have the right to change the jurisdiction(s) and the choice of laws provisions of this Agreement, with respect to issues pertaining to the applicability of the liquidated damages provisions and other provisions limiting the Company’s liability set forth in this Agreement, to a jurisdiction in which there is no law or limitation that materially limits or precludes, jointly or independently, the application of the such provisions as they apply to limit Company’s liability only.
Unenforceability Of Provisions. You and Company agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and all other portions of this Agreement shall remain in full force and effect (i.e., if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and severed, and such severance shall not affect the validity and enforceability of any and all the remaining provisions).
Non-Waiver. You acknowledge and agree that the failure of the Company, the Diversity Production Pro® licensor, any the Affiliated Content Providers, affiliates, or any of the Diversity Production Pro® licensor’s other licensees, or any of the foregoing parties’ assignees or successors, to enforce any of the specific provisions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further, or other, enforcement of such provision(s), or any other provision(s), and shall not waive, preclude, prevent or diminish the exercise of any other right hereunder.
No Joint or Collaborative Venture. Nothing in this Agreement is intended by the Company or You to create or constitute a joint or collaborative venture or partnership of any kind between You and the Company, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between You and Company or any of Company’s employees, agents, contractors, affiliates or assigns.
Company Is an Online Service Provider. Company shall, to the maximum extent under law, be deemed to be an Online Service Provider (“OSP”) as that term is defined in the DMCA for all claims arising hereunder, and in association with Content available in, at, on, through or associated with the Website and/or Services provided by the Company. Company shall also be deemed to be an Interactive Computer Service as that term is used in the Communications Decency Act. In the event that You believe that any of Your copyrights are infringed on, in, at, through, or in association with, the Website, You agree that You shall and will give notice and comply with the notification procedures of the DMCA and agree that Company will have and shall fully benefit from the safe harbor provisions set forth in the DMCA regarding OSPs, the liability limitations, Good Samaritan and other provisions pertaining to Interactive Computer Services set forth in 47 U.S.C. SS 230 (c) et seq., and all similar notice and other provisions limiting or otherwise insulating the liability of OSPs and Interactive Computer Services pursuant to the statutory or case law of the United States, any state or territory thereof, or any jurisdiction in which You, Your assigns or any other party elects to bring any claim against Company, the Diversity Production Pro® trademark licensor, or any of Company’s, or the Diversity Production Pro® trademark licensor’s, assigns or sub-licensees of rights granted to Company and/or the Diversity Production Pro® trademark licensor hereunder. You expressly agree not to raise any claim against Company or join with any third-party in any claim against Company whereby an assertion or claim is made that Company is not an OSP or an Interactive Computer Service.
Authority To Enter into Agreement. You hereby acknowledge and represent that You are duly authorized and have full authority to enter into this Agreement on behalf of Yourself.
Affirmation Of Agreement; Acknowledge You Have Read This Entire Agreement. By continuing to access the Website, by receiving any Service from the Company and/or by using any feature or functionality available in, at, on, through, or associated with, the Website and/or any Service provided by the Company, or by participating in any way, as a User of Diversity Production Pro®, You expressly agree that You will be expressly acknowledging and affirming that You have read this entire Agreement and that You understand, and fully and irrevocably agree to, all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by You each time You upload or otherwise provide any Content to the Website, and/or receive or otherwise use any Service provided by the Company.
Mutually Drafted; Negotiation Option; Not A Contract of Adhesion. For purposes of construction and interpretation of this Agreement, both You and the Company shall be deemed to have mutually drafted this Agreement and all parts thereof. If You would like to negotiate other terms or propose any modifications of this Agreement before providing Your assent and agreement, please contact the Company at support@diversityproduction.pro. You hereby expressly acknowledge that Company has provided You with an opportunity to propose modifications to this Agreement. You also hereby expressly acknowledge and agree that this Agreement is not a contract of adhesion and that as a material inducement for Company to enter into this Agreement with You, You hereby agree that You will not make any claim or support any action on the claim that this Agreement constitutes, in whole or in part, a contract of adhesion or is unfair or unconscionable in any way.
Review By Your Attorney. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this Agreement. Company strongly suggests that You review this Agreement with Your attorney prior to its execution if You have not already done so. You acknowledge and agree that Company did not pressure You or otherwise require You to enter into this Agreement without having sufficient time and opportunity to consult with an attorney of Your choosing. You acknowledge and agree that nothing herein and no statement by the Company or any of Company’s principals, officers, directors, shareholders, employees, representatives, agents, attorneys, affiliates, assigns or successors or any other person associated with Company has in any way prevented or inhibited You in any way from freely seeking such legal advice prior to Your entering into this Agreement. You hereby acknowledge and agree that You are not, and at no time were, under any time constraint imposed by the Company to agree to this Agreement or to receive any service from the Company or participate in any program offered by the Company, use any part of the Website or engage in any activity associated with Diversity Production Pro®, and You acknowledge that You may forego such participation without any obligation or sanction for having done so by not entering into this Agreement. You acknowledge and agree that nothing prevents You from leaving the Website and seeking counsel to review this Agreement and assist You prior to Your agreement hereto. You hereby acknowledge and agree that the terms of this Agreement are reasonable and fair, and that all terms have been fully disclosed in writing. You acknowledge that You have either had competent counsel review this Agreement and provide You with legal consultation regarding it and all transactions that might be associated herewith or You have knowingly and voluntarily decided not to do so. If You have elected not to have an attorney review this Agreement and advise You regarding it, You expressly agree and warrant that You shall not at any time (i) raise the fact that You have not had an attorney review this Agreement or (ii) claim the You were not provided a fair and reasonable opportunity to have an attorney review this Agreement and advise You regarding the matters set forth herein before You entered into this Agreement and assented to all its provisions.
Paragraph Headings. Paragraph and subparagraph headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof. Notwithstanding the foregoing the bold text comprising Diversity Production Pro® Community Code of Conduct provisions are not paragraph headings. Each separately numbered provision of the Diversity Production Pro® Community Code of Conduct, including such bolded text and all other included text, constitutes a separate Diversity Production Pro® Community Code of Conduct provision.
English. You hereby acknowledge and affirm that You are sufficiently fluent in the English language to fully understand all the provisions of this Agreement. The Parties agree that in the event that this Agreement is translated for any reason, in the event of any ambiguities or disputes resulting from such translation(s), the English version of this Agreement shall control and govern in all situations.
No Contest of Validity of This Agreement. As a material condition for Your authorized use of the Website and/or receipt of Services, You agree that You will not contest the validity or enforceability of this Agreement, any Diversity Production Pro® Member Content Uploading and License of Rights Agreement (available here) or any Service-Specific Terms on the ground that Your acceptance was not unequivocally and knowingly provided by Your providing Your acceptance by and method set forth in Paragraph 29, including, without limitation, by Your use of the Website, Your uploading of Content to the Website or otherwise providing Content to the Company, and/or Your engaging any button, hyperlink or similar feature reasonably signifying Your acceptance of this Agreement by engagement of such feature.
Export Control. Your use of Diversity Production Pro® and Services provided by the Company is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You agree that You will not, directly, or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that You are not prohibited from receiving products originating in the United States, including services or software.
Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the Parties hereto, and their respective successors and assigns.
You hereby acknowledge that you by continued use of the website and/or receipt of any service from the company that you have read this agreement comprising 36 numbered paragraphs (not including numbered subparagraphs) in its entirety, that you fully understand and agree to all its terms.
The Diversity Production Pro is not intended to be a Talent Service (as that term is defined under California law or analogous applicable law of any other jurisdiction, if any), but rather is primarily a social network and educational hub for film, television, and theater creatives.
Diversity Production Pro® is not intended to be a Talent Service (as that term is defined under California law or analogous applicable law of any other jurisdiction, if any), but is primarily a social network and educational hub for film, television, and theater creatives. To the extent that any of Diversity Production Pro®’s activities constitute those of a Talent Service (or are deemed by any duly authorized body to constitute a Talent Service), then the following notice shall be effectual and is hereby given: Diversity production pro® is a talent training service and talent counseling service. This is not a talent agency contract. Only a talent agent licensed pursuant to section 1700.5 of the labor code may engage in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist. Diversity production pro® is prohibited by law from offering or attempting to obtain auditions or employment for you. It may only provide you with training and counseling. For more information, consult chapter 4.5 (commencing with section 1701) of part 6 of division 2 of the labor code. A dispute arising out of the performance of the contract by the talent service that is not resolved to the satisfaction of the artist should be referred to a local consumer affairs department or local law enforcement, as appropriate. Further, while this social network and educational hub is not intended to be deemed a Talent Service (as defined by law), to the extent that any of Diversity Production Pro®’s activities constitute those of a Talent Service (or are deemed by any duly authorized body to constitute a Talent Service), Then in such circumstance, the contracting party has a right to cancel. Your right to cancel You may cancel this contract and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing, within ten (10) business days from the date on which you commence utilizing the services that constitute Talent Services under the contract. For purposes of this section, business days are Monday through Friday. To cancel a Talent Service contract entered into by and between you and Diversity Production Pro, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice or any other written notice of cancellation to Diversity Production Pro® at 777 South Figueroa Street, Suite 4600, DPT#2035Los Angeles, CA 90017, or fax it to (310) 388-5871, or e-mail it to support@diversityproduction.pro, NOT LATER THAN MIDNIGHT OF ten (10) business days from the date on which you commence utilizing the services that constitute Talent Services under the contract: “CANCELLATION NOTICE: I hereby cancel this contract. Dated:__ Artist’s Signature:__” If you cancel, all fees you have paid must be refunded to you within ten (10) business days after delivery of the cancellation notice to Diversity Production Pro® You may not cancel this contract or obtain a full refund after ten (10) business days from commencement of services under the contract. Further, cancellation shall not apply to any matter or business transaction that does not qualify or constitute a Talent Service as defined by law.
If you desire that Diversity Production Pro® remove any information about you from its website, you may send a removal request to Diversity Production Pro® at 777 South Figueroa Street, Suite 4600, DPT#2035Los Angeles, CA 90017, or fax it to (310) 388-5871, or e-mail it to support@diversityproduction.pro. Diversity Production Pro® will remove the requested information from its website within ten (10) days of delivery of the removal request to Diversity Production Pro®.
Also agreed to in full by Education Media, LLC.