Terms and Conditions
Updated as of June 5, 2016
Welcome to [http://www.DavidLeeRoth.Com] (the “Website” or “Site”). The Website is owned and operated by Diamond Dave Licensing LLC (“we,” “us” or “our”) and provides the content available on this Website to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Website, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). These Terms and Conditions set forth the legally binding agreement between us for your use of this Website and the related services, features, content, or any purchases you make via the Website (collectively “use”).
Agreement to Terms
By using the site, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. These Terms and Conditions serve as a contract (“Agreement”) between you as the user, and us. These Terms and Conditions apply to all users of this Website, including, without limitation, users who are contributors of content, information and other materials or services on the Website. Your access and use of this Website will be subject to the version of the Terms and Conditions posted on the Website at the time of use. If you do not agree with, accept, or are otherwise ineligible to accept or agree the Terms and Conditions, then you do not have the right to access, view, or otherwise use the Website
We reserve the right, at our own discretion, to periodically change, add, or delete portions of these Terms and Conditions at any time on an ongoing basis. It is your responsibility to check these Terms and Conditions for changes prior to each use of the Website. To continue to use the Website following an update to the Terms and Conditions constitutes your acceptance of any changes. We will notify you of any material changes by posting notice of the changes on the Website, and/or, in our sole discretion, by email.
Privacy
Review our Privacy Policy so that you may understand our privacy practices, which also govern your use of our Website.
Feedback and Suggestions
We always accept comments and suggestions to improve our Website. When submitting comments, suggestions, or unsolicited ideas, be aware that you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments, suggestions, or unsolicited ideas for any purpose. You will receive no compensation. If you submit comments, suggestions, or unsolicited ideas, and see us use it in any way, you will have expressly waived a claim of infringement or any other claim against us for its use through this section. Any comments, suggestions, or unsolicited ideas shall be deemed non-confidential.
Content for Personal Use
The materials and Content (as defined below) made available on this Website are for personal and non-commercial viewing and enjoyment only. You agree to use this Website only for lawful, non-commercial purposes and in compliance with all international, federal, state and local laws.
Site Users
You represent and warrant that you (a) are above the age of thirteen.
Intellectual Property
All information and content available on this Website including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio and/or video clips, data compilations and software, and the compilation and organization (“look and feel”) thereof (collectively, the “Content”) are our property or the property of our affiliates, partners or licensors as the case may be , and is protected by United States, international, and state laws, including laws governing copyrights, trademarks and unfair competition.
Except as set forth in the limited licenses set forth below, or as required under applicable law, neither the Content nor any portion of this Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. Nothing stated or implied in this Agreement confers on you any license or right to use any Content, regardless whether the use is personal, non-commercial, or commercial.
You may not use any content of this Site, in whole or in part, in an unlawful manner. You shall not solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
Limited Permissible Use
We grant you a limited, revocable, and non-exclusive license to access and make personal use of this Website and its Content as provided by these Terms and Conditions. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Website or any portion thereof; (ii) republish, redistribute, transmit, sell, license or download the Website or any and/or all Content (except caching or as necessary to view the Website); (iii) make any use of the Website or any and/or all Content other than personal use; (iv) modify, reverse engineer or create any derivative works based upon either the Website or any and/or all Content; (v) collect information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure; or (vii) use or manipulate any aspect of this site that would show that you are affiliated with the company or that any modifications were made by the company. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website. You may not attempt to gain unauthorized access to any portion or feature of the site or connected site or server, by hacking or any other illegitimate means. You may not scan or test any potential vulnerability of the site or any network connected to the site for any purpose.
Any unauthorized use by you of this Website or any and/or all of our Content automatically terminates the limited licenses set forth below without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Third Party Links
We are not responsible for the content of any off-Website pages or any other Websites linked to or from this Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Clicking links to other Websites is done so at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other Websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other Websites that you visit.
International Use
Although access to our site may be made internationally, we make no representation that materials on this site are available outside of the United States. Those accessing the site from outside the United States are responsible for compliance with local laws. Products and promotions are unavailable outside of the United States, unless expressly noted and is otherwise void where prohibited.
Advertisements, Sponsorships, Co-Promotions And Other Partnerships
We may display advertisements for the goods and services of a third party on the Website, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services. The views presented are the views of the third party, alone, and do not reflect the views.
Intellectual Property Complaints
We respect the intellectual property of others. If you believe that a work has been copied or used on this Website in a way that constitutes trademark, right of publicity, copyright infringement, or violation of the Digital Millennium Copyright Act (“DMCA”), please use the information below to contact us. Please provide all relevant information to support your copyright complaint so that we can quickly and effectively take action as required.
Contact:
Name: [email protected]
Address: 11900 West Olympic Blvd., Suite 410
Los Angeles, CA 90064
Fax: 310 458-8862
Email: [email protected]
Disputes
With respect to any dispute regarding this Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of California, without regard to principles of conflicts of law and as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. You consent to enter into binding arbitration as the sole remedy to any dispute. Any dispute relating in any way to your visit to the Website shall be exclusively submitted to confidential arbitration in Los Angeles County, California, and you submit to the exclusive jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the rules of the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The arbitrator’s written award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Each party is responsible for its own fees of representation and defense, and will split (50-50) the cost for any filing, administrative and arbitrator fees as required. However, you will be responsible for all costs of filing and administrative and arbitrator fees if the arbitrator determines your complaint or relief sought is frivolous. Discovery will be conducted pursuant to California Code of Civil Procedure section 1283.05.
Consent to Receive Notices Electronically by Posting on the Website and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this Website.
General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of this Website, and supersede and govern all prior proposals, agreements, or other communications.
How To Contact Us
If you have any questions or comments about these Terms and Conditions or notices or claims please contact us by email at [email protected].