3. ACCESSING THE WEBSITE
Company reserves the right to amend or withdraw this Website and any service or material provided on the Website, in its sole discretion without notice. Company will not be liable for any reason all or part of the Website is unavailable at any time. From time to time, Company may restrict access to certain portals of the Website, or the entire Website, to all users.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You acknowledge that your account is personal to you, and you agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You must notify The Dieline immediately of any breach of security or unauthorized use of your account. You agree that The Dieline will not be liable for losses caused by any unauthorized use of your account, and you may be liable for the losses of The Dieline or others due to such unauthorized use.
4. INTELLECTUAL PROPERTY RIGHTS
5. PROHIBITED USES
You also warrant and agree that you will not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding (including through the use of any automated system, including without limitation “robots,” “siders,” “offline readers,” etc.); (d) attempt to gain unauthorized access to other computer systems through the Website; or (e) use the Website for any commercial solicitation purposes. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, as the Website is protected by copyright.
6. USER SUBMISSIONS
The Website may now or in the future permit the submission of content, audio, video, cartoons, or other information submitted by you and other users (“User Submission” or “User Submissions”) and the hosting, sharing, and/or commenting on such User Submission. User Submissions include any submissions that are made on the Website, including through the portal located at https://thedieline.com/account/projects.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including patent, trademark, privacy and publicity rights, unless you are the owner of such rights, have permission from their rightful owner or otherwise have the legal right to post the material and to grant The Dieline all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage The Dieline or any third party; (iii) post advertisements or solicitations of business; or (v) impersonate another person. The Dieline does not endorse any User Submission, including comments, or any opinion, recommendation, or advice expressed therein, and The Dieline expressly disclaims any and all liability in connection with User Submission.
DMCA TAKEDOWN NOTICES: Given the volume and nature of User Submissions, The Dieilne cannot review each submission to ensure compliance with United States and global copyright laws. It is the policy of The Dieline to respond to notices of alleged copyright infringement in compliance with the DMCA. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other 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):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Company to locate the material;
- Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The United States Copyright Office provides basic information, online, at http://www.loc.gov/copyright/circs/circ1.html, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.
You acknowledge that if you fail to comply with all of the takedown notice requirements of this Section, your DMCA notice may not be valid. Upon proper service of a takedown notification as contemplated hereunder and in accordance with the DMCA. PLEASE NOTE THAT, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE PENALTIES MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY THE DIELINE, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED BY A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
COUNTER-NOTIFICATION: RESTORATION OF MATERIAL. Company will immediately remove any infringing content on the Website. If you have received a notice that material has been taken down pursuant to a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- Your physical or electronic signature;
- Your name, address, and phone number;
- Identification of the material and its location before it was removed;
- A statement under penalty of perjury that the material was removed by mistake or misidentification;
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
- Your consent to accept service of process from the party who submitted the takedown notice.
7. MONITORING AND ENFORCEMENT; TERMINATION
Without limiting the foregoing, Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8. CONTENT GUIDELINES
9. RELIANCE ON WEBSITE INFORMATION
The information presented on or through the Website is made available solely for general information purposes. The Dieline does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of the Website’s contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
10.THIRD-PARTY LINKS IN WEBSITE
The Website contains links to third-party sites and resources, which are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the contents of such third-party sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your access of any of the third party websites linked to this Website is at your own risk and subject to the terms and conditions of use for such websites.
11. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DIELINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE DIELINE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OFFENSES TAKEN OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (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, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS LINKED TO, POSTED, UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WEBSITE. THE DIELINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE DIELINE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE DIELINE, 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 OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (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, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS UPLOADED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DIELINE 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 THE DIELINE SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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 Website is controlled and offered by The Dieline from its facilities in the United States of America. The Dieline makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You understand that when using the Website, you will be exposed to content from a variety of sources, and that The Dieline is not responsible for the message, accuracy, usefulness, safety, or appropriateness of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold The Dieline, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. The Dieline permits you to link to materials on the Website for personal, non-commercial purposes only.
14. CAPACITY; NOT INTENDED FOR CHILDREN
16. GOVERNING LAW AND JURISDICTION
YOU AND THE DIELINE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. ENTIRE AGREEMENT
18. COPYRIGHT AND INTELLECTUAL PROPERTY AGENT
If you believe that any use of intellectual property on the Website violates your copyright, please provide the following information, in writing, to the Copyright Agent for The Dieline at firstname.lastname@example.org:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the alleged infringing activity and where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner’s behalf.
Dieline Media, LLC
5012-A York Blvd
Los Angeles, CA 90042
Last Modified: October 2018
Copyright © 2018, http://www.thedieline.com.