Terms of Service 

 

EFFECTIVE DATE: February 14, 2019

Your access to and use of the www.distributedmedialab.com website (the “Website”) and all products, services and software provided on or through this website (the “Services”) constitutes your agreement to be bound by these Terms of Use (the “Terms”). The Services include, but are not limited to, the Distributed Media Lab Console, Distributed Media Lab Collections(™), Distributed Media Lab Links(™) and Distributed Media Lab Syndication(™).

License and Limitations.

License to Use Distributed Media Lab Collections(™).  Distributed Media Lab grants you a non-exclusive, non-transferable, revocable, limited license to use and display embeddable Distributed Media Lab Collections (“Collections”) on your website subject to the restrictions in Section 1.3 (Prohibited Use), provided the code for embedding each Collection was obtained from a public-facing “embed” link on the Collection or was delivered to you directly by Distributed Media Lab.

License to Use Distributed Media Lab Links(™). Distributed Media Lab grants you a non-exclusive, non-transferable, revocable, limited license to install the Distributed Media Lab Links (“Links”) code on your website subject to the restrictions in Section 1.3 (Prohibited Use), provided the code for installing Links was obtained from a public-facing page on this Website or delivered to you directly by Distributed Media Lab.

Prohibited Use. You may not: 

  1. Display or use the Services on a website that violates any law or regulation or infringes on the rights of any third party.
  2. Display or use the Services on a website that promotes illegal products or activities, or contains deceptive, defamatory, discriminatory, obscene or excessively violent content.
  3. Use the Services by copying the source code of this Website or any other website, or by otherwise reverse-engineering code on this Website or any other website.
  4. Modify, disassemble, reverse-engineer or create derivative works from the Services.

Termination.

We may terminate or suspend your access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Third Party Content.

Third Party Content and Links in the Services. Distributed Media Lab has no control over, and assumes no responsibility for, any third-party content or links presented via the Services, or for the privacy policies or practices of any third parties whose content is presented via the Services.  You acknowledge and agree that Distributed Media Lab, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any such third party content or practices.

Third Party Content and Links on this Website.  This Website may contain content and links to third party web sites or services that are not owned or controlled by Distributed Media Lab, Inc.  You acknowledge and agree that Distributed Media Lab, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any such third party web sites or services.

Indemnification.

You agree to defend, indemnify and hold harmless Distributed Media Lab, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website or Services, or b) a breach of these Terms.

Limitation Of Liability.  

To the extent permitted by applicable law, in no event shall Distributed Media Lab, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Services; (ii) any conduct or content of any third party on the Website or in the Services; (iii) any content obtained from the Website or Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer of Warranties. 

This Website and the Services are  provided on an “AS IS” and “AS AVAILABLE” basis. The Website and Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Distributed Media Lab, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Website or Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website or Services are free of viruses or other harmful components; or d) the results of using the Website or Services will meet your requirements.

Governing Law.  

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Entire Agreement.

These Terms constitute the entire agreement between us regarding the Website and the Services, and supersede and replace any prior agreements we might have had between us regarding the Website and the Services. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Changes.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Website or the Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website or the Services.

Contact Us.

If you have any questions about these Terms, please contact us by email at info@distributedmedialab.com.