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Terms of use

Last Updated February 13, 2009.

1. General Rules and Definitions

As used herein, the phrase "this Site" refers to flypmedia.com and other sites on the World Wide Web originating in the United States that are owned and/or operated by Digital Media International, LLC (collectively "DMI"). By using this Site, you indicate your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you have no right or license to access this Site and you should not do so.

DMI reserves the right, in its sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail or by any other means by which you obtain notice thereof. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions.

DMI may change, suspend or discontinue any aspect of this Site at any time, including the availability of any features or content. DMI may also impose limits on certain features and services or restrict your access to all or parts of this Site without notice or liability.

 

 

2. Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.

As used herein, "Site" refers to flypmedia.com and other sites on the World Wide Web originating in the United States that are owned and/or operated by Digital Media International, LLC. (collectively "DMI"). By using this Site, you indicate your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you are not permitted to access this Site and you should not do so.

DMI reserves the right to change or otherwise update this Privacy Policy at any time. Such changes or updates are effective immediately after DMI gives notice of the change or update, which DMI may do by posting on this Site, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your use of this Site after such notice is posted means that you accept these changes or updates.

DMI understands and respects your desire for privacy. To that end, we would like you to know how we use the personal information you provide to us.

We (both directly and through third parties) collect personally identifying information when you register for the online magazine, enter contests or participate in other interactive online activities (e.g. blogs, surveys or contests) throughout this Site. This personally identifiable information may include your name, zip code and email address. We also collect non-personally-identifiable information (such as your IP address or domain, or about your use of this Site) both directly and through third parties, including through the use of Web beacons, for purposes of site administration and to compile aggregate information about usage of this Site.

You may be asked for your credit card information if you buy a product from this Site. Your credit card information, along with the personal identifying information you submit, is transferred to and used by third party financial institutions to verify the credit card numbers and to authorize the processing of the transaction. Be sure to review all privacy policies published by our third-party service providers and contact them directly if you have questions as they may have privacy terms that differ from DMI’s Privacy Policy.

This Site has implemented appropriate safeguards to help prevent unauthorized access, maintain data security and to make proper use of the information that we collect. However, no transmission of data over the Internet is guaranteed to be completely secure. Thus, while we strive to protect your personal information, DMI cannot absolutely guarantee the security of any information you provide to us.

To unsubscribe from any communications from DMI, reply to such communication with "UNSUBSCRIBE" (and only "UNSUBSCRIBE") in the subject line, or by following the "unsubscribe" link at the bottom of the email. You can also unsubscribe from promotional and marketing emails that you receive from one of this Site’s partners by typing "UNSUBSCRIBE" (and only "UNSUBSCRIBE") in the subject line in a reply to one of the partners’ emails to you, or following the "unsubscribe" link at the bottom of the email.

POLICY FOR MINORS

Children should always ask parents for permission before providing any personal information online. No information should be submitted to or posted on this Site by any Minor (a user under 18 years of age) without the consent of a parent or guardian. Unless otherwise disclosed during collection, we do not knowingly provide any personally identifying information about Minors, regardless of its source, to third parties, nor is this information knowingly used by DMI for any marketing or promotional purposes. Minors are not allowed to participate in contests on this Site.

POLICY FOR ADULT USERS

This Site collects personal information from users over 18 years of age in order to provide users with a personalized online experience and to provide our advertisers a way to reach the right audience. DMI may share the personal and aggregate information we collect with our affiliates and other sites operated by and for DMI. On a confidential basis, DMI may also share personal information with our corporate affiliates or consultants, or with third parties that perform a particular service on our behalf (such as fulfilling orders or for general site administration purposes). DMI shares aggregate information with third parties for advertising and promotional purposes. If all or part of DMI is sold, merged or is otherwise transferred to another entity, the information you have provided at the Site may be transferred to such entity as part of that transaction. We may also disclose personal information in response to legal process, such as a request by law enforcement, a court order or subpoena, or to protect the integrity of this Site if we believe that a user has committed unlawful or otherwise harmful acts.

With the permission of users 18 years or older, information submitted at the time of registration or submission may be used for marketing and promotional purposes by us and, also with the permission of the user, may be shared by us with companies that have agreed with DMI to use this information only for the marketing and promotion of its products and services.

If any individual submits content for publication, we may publish his or her name and any other information submitted by that individual.

If a user elects to use our "Email to a Friend" referral service for informing a friend about this Site, we ask for the friend’s email address, and we will send an email in response to the user’s request inviting their friend to visit the Site. This information is stored at this Site solely for the purpose of sending the email.

YOUR CALIFORNIA PRIVACY RIGHTS

A California privacy law that went into effect on January 1, 2005, the "Shine the Light" law, allows California residents to obtain a list of third parties to whom a business has disclosed personal information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.

As stated earlier in this Privacy Policy, personal information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the user’s permission. Whenever a user agrees to allow us to collect personal information, we provide the user with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by clicking on the link below:

Opt-out
Because this Site has a comprehensive privacy policy and provides you with details on how you may opt-in or opt-out of the use of your personal information by third parties for direct marketing purposes, we are not required to provide you with the third party list.

PUBLIC FORUMS

Whenever you voluntarily disclose personal information online in blogs or similar posting areas, the information can be reviewed and collected by anyone. Therefore, do not post any information that you do not want to be made available to the general public. DMI is not responsible for unsolicited communications that arise from your postings on this Site.

PURCHASE OF PRODUCTS FROM THIS SITE

If you purchase a product from this Site, information may be collected from you, including your credit card and contact information, for transfer to and use by third party providers of the product. DMI does not retain this information. Unless otherwise stated, DMI does not have any responsibility in connection with such purchases and all transactions and use of any customer information are the sole responsibility of the product provider. Be sure to review the product provider’s privacy policy and contact them directly if you have any questions. They may have privacy terms that differ from DMI’s Privacy Policy.

THIRD PARTY ADVERTISING

We may use third-party advertising companies and advertising networks to serve ads to you on our behalf when you visit this Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this Site and other Web sites in order to provide advertisements about goods and services of interest to you.

USE OF IP ADDRESSES

An IP address is a number that is automatically assigned to your computer by your Internet service provider whenever you log on to the Web. Web servers automatically identify your computer by its IP address, so when a user requests pages from this Site, our servers log the user’s IP address. The IP addresses of our users are collected only for the purposes of system administration and to report aggregate information to our advertisers, our corporate affiliates or consultants, or with third parties that perform a particular service on our behalf. We do not combine IP addresses with any personally identifying information, nor do we compile any session activity reports by IP address.

USE OF COOKIES

In cyberspace, cookies are pieces of information that a Web site transfers to an individual’s hard drive for record-keeping purposes.

Cookies make Web surfing easier for you by saving your passwords, purchases and preferences while you’re online. The use of cookies is an industry standard. You’ll find them at most major Web sites.

We use cookies to help us see which areas are popular and which are not. This helps us to target ads based on user interests, and also improve and update this Site based on such data as total number of users and pages viewed. This information is most easily tracked with cookies.

A cookie allows us to store the personal preferences that you set during each visit to this Site, which in turn allows us to speed up your future activities at this Site. Similarly, the stores hosted by this Site usually use cookies to track which products you’ve chosen to purchase while shopping. Letting cookies do the record keeping saves you the trouble of entering information over and over again. If you have registered to access the subscriber-only portion of this Site, an identifying cookie will be placed on your computer. During future visits to this Site, we will only read and retrieve information that we set in a cookie during an earlier visit to this Site.

You may occasionally get cookies from our advertisers on this Site as well. This Site does not control these cookies, and they are not subject to DMI’s Privacy Policy. Advertisers do not have access to this Site’s cookies.

The use of advertising cookies sent by third-party servers is standard in the Internet industry.

Most browsers are initially set to accept cookies. If you’d prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of this Site, such as the shopping, contest and game areas, will not function properly if you do so.

If you have any questions or concerns about DMI’s Privacy Policy or its implementation, you may contact us at [email protected] or 10 East 40th Street, Suite 1900, New York, New York 10016,
ATTN: Matthew Schaeffer

 

 

3. USE OF MATERIALS LOCATED ON THIS SITE

All materials published on this Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by DMI or the party credited as the provider of the material. The entire contents of this Site are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through this Site. Except to the extent otherwise provided on the Site, no material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited.

All trademarks, service marks and trade names are proprietary to DMI or the other designated owner of a posted mark. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

 

 

 

4. SUBMISSIONS AND PUBLIC FORUMS

This Site may include blogs, email and other interactive functions ("Forums") that allow feedback and submissions to DMI and real-time interaction between users. Only registered users who have expressly indicated their agreement to these Terms & Conditions may use any of these Forums. Registration consists of identifying oneself, creating a screen name and password, and expressly indicating by means of clicking on an applicable box or boxes the user’s acceptance of these Terms & Conditions. Registration is subject to DMI’s prior approval and your continued compliance with the terms of these Terms & Conditions. DMI reserves the right to refuse to permit participation by any applicant or participant at any time in its sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by DMI (including by email). You are solely responsible for keeping your email address and other contact information updated.

Terms & Conditions directly applicable to use of such Forums include the following:

1.  You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials ("Content"), whether publicly posted or privately transmitted, that any user submits to any of the Forums ("User Submitted Content") are the user’s sole responsibility. This means that you, and not DMI, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Forums ("Your User Submitted Content").

2.  DMI does not endorse or control the User Submitted Content delivered to this Site, and DMI has no obligation to monitor User Submitted Content. As such, DMI does not guarantee the accuracy, integrity or quality of any User Submitted Content. However, DMI reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any User Submitted Content, in whole or in part, that is in violation of these Terms & Conditions or that it deems to be objectionable or unacceptable for any reason whatsoever.

3.  DMI further reserves the right at all times to preserve any User Submitted Content or to disclose any User Submitted Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of DMI, its users and the public.

4.  You understand that by using this Site, including its Forums, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DMI be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via this Site, including its Forums.

 

5. You understand that the comments of others displayed in connection with Your User Submitted Content as used herein, or elsewhere on this site ("Third Party Comments"), may be disparaging, defamatory, embarrassing or otherwise be of an unfavorable nature and may expose you to public ridicule, humiliation or condemnation. DMI expressly disclaims any liability for any Third Party Comments. You acknowledge and agree that DMI shall have the right (a) to include any Third Party Comments on the Website and in any and all forms of advertising, promotion and publicity for the Content, or this site generally, and (b) to broadcast and otherwise exploit Your User Submitted Content with or without Third Party Comments in any manner, and in any media, whether now existing or hereafter developed.

6.  By registering, accepting these Terms & Conditions, or uploading Your User Submitted Content, you represent and warrant to DMI the following: (a) you are at least 18 years of age; (b) all of the information provided by you to DMI to enroll and participate in this Site is correct and current; (c) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in Your User Submitted Content to enter into this Agreement and to grant the rights granted herein; (d) you are the creator of Your User Submitted Content, and did not take any of its elements from a source such as another website, publication, recording, film or video; (e) you have made any required payments to guilds, performing rights societies or to any other body or group representing authors, composers, musicians, artists and other participants in the production of Your User Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of Your User Submitted Content; and (f) you have the legal right and authority to agree to, perform the acts required of you, and to grant the rights and licenses described in these Terms & Conditions.

7.  It is a condition of your access and use of this Site that you do not:

 a.  Restrict or inhibit any other user from using and enjoying this Site;
b.  Harm minors in any way;
c.  Impersonate any person or entity, including, but not limited to, an employee or representative of DMI, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d.  Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted by means of this Site;
e.  Upload, post, email or otherwise distribute, publish or transmit on this Site any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f.  Upload, post, email or otherwise distribute, publish or transmit on this Site any unlawful, harmful, threatening, abusive, harassing, invasive of another’s privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
g.  Upload, post, email or otherwise distribute, publish or transmit on this Site any Content that either involves nudity (including partial or complete nudity of any person under age 18); exploits persons under age 18, or discloses any personally identifying information about persons under age 18;
h.  Upload, post, email or otherwise distribute, publish or transmit on this Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
i.  Upload, post, email or otherwise distribute, publish or transmit on this Site any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component; or
j.  Upload, post, email or otherwise distribute, publish or transmit on this Site or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, "junk mail," "spam," "chain letters," and "pyramid schemes"), advertising, promotion, marketing for goods or services, or any form of lottery, sweepstakes, or gambling;
k.  Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of this Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
l.  Interfere with or disrupt this Site, or servers or networks serving this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
m.  Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
n.  "Stalk" or otherwise harass another; or
o.  Collect or store personal data about other users.

8.  By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to DMI a royalty-free, nonexclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You further grant DMI a non-exclusive, worldwide, royalty-free license to use your name (or other identifying information that you submit) in connection with Your User Submitted Content, and to use Your User Submitted Content for advertising and promotional purposes.

9.  You warrant that any materials you upload, post, email or otherwise distribute, publish or transmit on this Site contain nothing that will give rise to civil or criminal liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another’s privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone’s patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.

 

 

5. REGISTRATION/SUBSCRIPTION

As part of the registration process, you will select a password and a subscriber ID. You must also provide to DMI certain registration information, including a valid email address and your zip code, all of which must be accurate and updated.
a. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID that DMI, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
b. You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of DMI.
c. You shall notify DMI, by email at [email protected] or by regular mail at 10 East 40th Street, Suite 1900, New York, New York 10016, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information.
d. You may share your password and subscriber ID with others, but you are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at DMI’s sole discretion, and DMI may refer you to appropriate law enforcement agencies.

 

 

6. PURCHASE OF PRODUCTS FROM THIS SITE

The purchase of any products from this Site is governed by the terms and conditions of the sales transaction with the provider of the product. DMI MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DMI does not have any responsibility for the processing or delivery of products purchased from this Site.

 

 


7. LINKED SITES

This Site may contain links and pointers to Internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply DMI’s endorsement. DMI has not reviewed all of the Third Party Sites linked to the Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.

 

 

 

8. SOFTWARE AVAILABLE ON THIS SITE

Any software that is made available to download from this Site, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. DMI MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

 

 

 

9. MINORS

This Site may contain material that may not be appropriate for children. If there is a concern by parents that children may visit this site, DMI recommends using a parental control software package. Some sample parental software packages include: Net Nanny (http://www.netnanny.com) and Cyber Patrol (http://www.cyberpatrol.com), Cybersitter (http://www.solidoak.com). Please be advised that DMI does not endorse any one parental software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications. Please read the DMI Privacy Policy, in particular the Policy for Minors, for more information regarding the collection of personal information from children.

 

 

 

10. DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) – INFRINGEMENT NOTIFICATION

DMI has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If DMI removes User Submitted Content to comply with the DMCA, DMI will attempt to contact the provider of such User Submitted Content to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is DMI’s policy to document all notices of alleged infringement on which DMI acts. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. DMI will terminate the accounts of any users (including terminating their login and password) and/or block access to the Site of any users who repeatedly infringe the copyrights of others.

To file a notice of infringement, you must provide DMI with a written notice that includes each of the following items:

  • Detailed identification of the copyrighted work that you believe has been infringed.
  • Detailed identification of the material you claim infringes this copyrighted work.
  • Information reasonably sufficient to permit DMI to contact you (email address is preferred).
  • The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • Your signature.

Send the Infringement Notification to the following address:

[email protected]

10 East 40TH Street, Suite 1900
New York, New York 10016
ATTN: Tom Masillo

 

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) – COUNTER NOTIFICATION

The provider of affected User Submitted Content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When DMI receives a counter notification, DMI may reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys´ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.

To file a counter notification, you must provide DMI with a written notice that includes each of the following items:

  • Detailed identification of the material DMI has removed.
  • Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  • The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • Your signature.

 

Send the counter notification to the following address:

[email protected]

10 East 40TH Street, Suite 1900
New York, New York 10016
ATTN: Tom Masillo

 

11. MISCELLANEOUS

JURISDICTIONAL ISSUES

This Site is controlled and operated by DMI from its headquarters in New York City, New York, United States of America. DMI makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, except as to any provisions that may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York City and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

ENFORCEABILITY AND TERMINATION OF AGREEMENT

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between you and DMI in connection with your access and use of this Site.

DMI may, in its sole discretion, terminate or suspend your access to all or part of this Site for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use this Site, and the restrictions imposed on you with respect to materials downloaded from this Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.

DISCLAIMER

Your access to and use of this Site is at your sole risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using this Site.

THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DMI AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. DMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE. DMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO LIABILITY

To the fullest extent permitted by applicable law, DMI and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if DMI or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

You hereby agree to indemnify, defend and hold harmless DMI and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill and any other direct or consequential loss) incurred or suffered by DMI and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in this Site. You shall cooperate as fully as reasonably required in the defense of any claim. DMI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Because you have acknowledged that, at its sole discretion and for any reason, DMI may edit, refuse to post or to delete Your User Submitted Content, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to DMI a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute Your User Submitted Content, or incorporate Your User Submitted Content into any form or technology now known or later developed, and that you have waived any moral rights you may have in Your User Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against DMI and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete Your User Submitted Content, to terminate or suspend your access to all or part of this Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute Your User Submitted Content, or seeking to recover for violation of your moral rights, you agree to reimburse DMI and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).

 

OTHER CONTACT INFORMATION

If you have any other comments or questions regarding any content on the Site, including but not limited to comments regarding the accuracy of any information, or any content that you believe infringes any of your rights, you may contact DMI at [email protected] or 10 East 40TH Street, Suite 1900, New York, New York 10016
ATTN: Matthew Schaeffer
DMI will review all such comments and questions within seven (7) days of receipt thereof, and take any action that it reasonably believes necessary, in its sole and absolute discretion.