DPAN.tv (“DPAN”) Terms and Conditions of Use

Updated 02/09/2017

1. Terms

By accessing this website, you are agreeing to be bound by these website Terms and

Conditions of Use, all applicable laws and regulations, and agree that you are responsible for

compliance with any applicable local laws. If you do not agree with any of these terms, you

are prohibited from using or accessing this site. The materials contained in this website are

protected by applicable copyright and trademark law.

 

The website may contain links to third party websites that are not owned or controlled by

DPAN. DPAN has no control over, and assumes no responsibility for, the content, privacy

policies, or practices of any third party websites. In addition, DPAN will not and cannot

censor or edit the content of any third-party site. By accessing this website, you expressly

relieve DPAN from any and all liability arising from any third-party website.

 

2. Your Content and Conduct

A. You may submit Content to DPAN. “Content” includes the text, software, scripts,

graphics, photos, sounds, music, videos, audiovisual combinations, interactive features,

images, artwork, names, voices, user comments and other materials you may view on, access

through, upload, deliver, submit, publish, transmit, display or otherwise contribute to the

website. The “Service” includes all aspects of DPAN, including but not limited to the DPAN

websites and all products, software and services offered via the DPAN websites, such as the

DPAN channels, the DPAN "Embeddable Player," the DPAN "Uploader" and other

applications. You understand that DPAN does not guarantee any confidentiality with respect

to any Content you submit.

 

B. You shall be solely responsible for your own Content and the consequences of

submitting and publishing your Content on this website. You affirm, represent, and warrant

that you own or have the necessary licenses, rights, consents, and permissions to publish

Content you submit; and you license to DPAN all patent, trademark, trade secret, copyright

or other proprietary rights in and to such Content for publication by DPAN on this website

or otherwise pursuant to these Terms of Service.

 

C. For clarity, you retain all of your ownership rights in your Content. However, by

submitting Content to DPAN, you hereby grant DPAN a worldwide, non-exclusive, royalty-

free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative

works of, display, and perform the Content in connection with DPAN’s website or Services

and DPAN's (and its successors' and affiliates') business, including without limitation for

promoting and redistributing part or all of the Service (and derivative works thereof) in any

media formats and through any media channels. You also hereby grant each user of the

DPAN website and Service a non-exclusive license to access your Content through the

website and Service, and to use, reproduce, distribute, display and perform such Content as

permitted through the functionality of the website and Service and under these Terms of

Service. The above licenses granted by you in Content you submit will terminate within a

commercially reasonable time after you remove or delete your Content from the Service.

You understand and agree, however, that DPAN may retain, but not display, distribute, or

perform, server copies of your Content that have been removed or deleted. The above

licenses granted by you in user comments you submit are perpetual and irrevocable.

D. You further agree that Content you submit will not contain third party copyrighted

material, or material that is subject to other third party proprietary rights, unless you have

permission from the rightful owner of the material or you are otherwise legally entitled to

post the material and to grant DPAN all of the license rights granted herein.

 

E. You further agree that you will not submit any Content or other material that is

contrary to DPAN’s Guidelines, currently found at https://dpan.tv/tos, which may be updated

from time to time, or contrary to applicable local, national, and international laws and

regulations.

 

F. DPAN does not endorse any Content submitted by any user or other licensor, or any

opinion, recommendation, or advice expressed therein, and DPAN expressly disclaims any

and all liability in connection with Content. DPAN does not permit copyright infringing

activities and infringement of intellectual property rights on the Service, and DPAN will

remove all Content if properly notified that such Content infringes on another's intellectual

property rights. DPAN reserves the right to remove Content without prior notice.

 

3. Account Termination Policy

DPAN reserves the right to decide whether Content violates these Terms of Service for

reasons other than copyright infringement, such as, but not limited to, pornography,

obscenity, or excessive length. DPAN may at any time, without prior notice and in its sole

discretion, remove such Content and/or terminate a user's access to the website or Service for

submitting such material in violation of these Terms of Service.

 

4. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any Content

infringes upon your copyrights, you may submit a notification pursuant to the Digital

Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following

information in writing (see 17 U.S.C 512(c)(3) for further detail):

You may direct copyright infringement notifications to our DMCA Agent at ____________,

email: _______________________, fax: ______________. For clarity, only DMCA notices

should go to the Copyright Agent; any other feedback, comments, requests for technical

support, and other communications should be directed to DPAN customer service through

___________________. You acknowledge that if you fail to comply with all of the

requirements of this Section 5(D), your DMCA notice may not be valid.

 

B. Counter-Notice. If you believe that your Content that was removed (or to which

access was disabled) is not infringing, or that you have the authorization from the copyright

owner, the copyright owner's agent, or pursuant to the law, to post and use the material in

your Content, you may send a counter-notice containing the following information to the

Copyright Agent:

 

If a counter-notice is received by the Copyright Agent, DPAN may send a copy of the

counter-notice to the original complaining party informing that person that it may replace the

removed Content or cease disabling it in 10 business days. Unless the copyright owner files

an action seeking a court order against the Content provider, member or user, the removed

Content may be replaced, or access to it restored, in 10 to 14 business days or more after

receipt of the counter-notice, at DPAN's sole discretion.

 

5. Limitation of Liability

IN NO EVENT SHALL DPAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR

AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,

SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER

RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF

CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR

WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR

SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR

CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICES, (V)

ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE

TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY,

AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS

OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY

CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE

AVAILABLE VIA THE WEBSITE OR SERVICES, WHETHER BASED ON

WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND

WHETHER OR NOT DPAN IS ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE

FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT DPAN SHALL NOT BE LIABLE FOR

CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY

THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE

FOREGOING RESTS ENTIRELY WITH YOU.

 

The Service is controlled and offered by DPAN from its facilities in the United States of

America. DPAN makes no representations that the Service is appropriate or available for use

in other locations. Those who access or use the Service from other jurisdictions do so at their

own volition and are responsible for compliance with local law.

 

6. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless

DPAN, its parent corporation, officers, directors, employees and agents, from and against

any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses

(including but not limited to attorney's fees) arising from: (i) your use of and access to the

Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any

third party right, including without limitation any copyright, property, or privacy right; or

(iv) any claim that your Content caused damage to a third party. This defense and

indemnification obligation will survive these Terms of Service and your use of the Service.

 

7. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or

possess legal parental or guardian consent, and are fully able and competent to enter into the

terms, conditions, obligations, affirmations, representations, and warranties set forth in these

Terms of Service, and to abide by and comply with these Terms of Service. In any case, you

affirm that you are over the age of 13, as the Service is not intended for children under 13. If

you are under 13 years of age, then please do not use the Service.

 

8. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be

transferred or assigned by you, but may be assigned by DPAN without restriction.

 

9. General

You agree that: (i) the Service shall be deemed solely based in Michigan; and (ii) the Service

shall be deemed a passive website that does not give rise to personal jurisdiction over

DPAN, either specific or general, in jurisdictions other than Michigan. These Terms of

Service shall be governed by the internal substantive laws of the State of Michigan, without

respect to its conflict of laws principles. Any claim or dispute between you and DPAN that

arises in whole or in part from the Service shall be decided exclusively by a court of

competent jurisdiction located in Wayne County, Michigan. These Terms of Service,

together with the Privacy Notice at _____________________ and any other legal notices

published by DPAN on the Service, shall constitute the entire agreement between you and

DPAN concerning the Service. If any provision of these Terms of Service is deemed invalid

by a court of competent jurisdiction, the invalidity of such provision shall not affect the

validity of the remaining provisions of these Terms of Service, which shall remain in full

force and effect. No waiver of any term of this these Terms of Service shall be deemed a

further or continuing waiver of such term or any other term, and DPAN's failure to assert any

right or provision under these Terms of Service shall not constitute a waiver of such right or

provision. DPAN reserves the right to amend these Terms of Service at any time and without

notice, and it is your responsibility to review these Terms of Service for any changes. Your

use of the Service following any amendment of these Terms of Service will signify your

assent to and acceptance of its revised terms. YOU AND DPAN AGREE THAT ANY

CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST

COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

10. Site Terms of Use Modifications

DPANtv may revise these terms of use for its web site at any time without notice. By using

this website you are agreeing to be bound by the then current version of these Terms and

Conditions of Use.

 

11. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order

for you to understand how we collect, use, communicate and disclose and make use of

personal information. The following outlines our privacy policy.