Welcome to the DesertCityDiva.com site, which is owned and operated by Dino deLucy Studios LLC.The services offered by Dino deLucy Studios LLC ( a.k.a. “DdL”) and any Dino deLucy Studios LLC branded URL (collectively, the “Site”), Dino deLucy Studios LLC messaging services, video services, RSS feeds, podcasting services, mobile services, and any other feature, content, or applications offered from time to time by in connection with DdL (collectively, the “DdL Services”). DdL is based in the United States and the DdL Services are hosted in the United States.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND TWiT UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND TWiT WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.
Eligibility for Site Registration and Account Security
Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify DdL immediately if you suspect any unauthorized use of, or access to, your account or password.
This Agreement remains in full force and effect while you use the DdL Services. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing firstname.lastname@example.org, Subject: Terminate My Account. DdL may terminate your account and/or access to the DdL Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the DdL Services is terminated, this Agreement will remain in effect. You agree that your account is non-transferable and any rights to your account terminate upon your death.
You acknowledge that DdL reserves the right to charge subscription fees for any portion of the DdL Services. DdL will provide you with at least 30 days advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the DdL Services after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription. If DdL suspends or terminates your account and/or access to the DdL Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
Purchasing Site Services or Products
DdL makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. DdL provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, DdL will in no way be responsible or liable to you for any such breach.
DdL will not store any record of Personal Financial Information related to purchases or other transactions you make through the DdL Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
The DdL Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of DdL (“DdL Content”). DdL Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and DdL, DdL owns and retains all rights in the DdL Content and the DdL Services. DdL hereby grants you a limited, revocable, nonsublicensable license to access and display the DdL Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Site and using the DdL Services. The DdL Services may also contain Content of users and other DdL licensors. Except as provided in this Agreement or as explicitly allowed on the DdL Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the DdL Services.
Except as explicitly and expressly permitted by DdL, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, online postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the DdL Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from DdL. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting DdL in writing at: Legal Department, Dino deLucy Studios LLC, 3909 Sierra Linda Dr., Escondido, California 92025, or by emailing email@example.com, Subject: Content Request.
Your Use of DdL Services
The DdL Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from DdL. DdL reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the DdL Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the DdL Services. You understand that DdL does not control the User Content posted by users via the DdL Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. DdL assumes no responsibility or liability for this type of Content. If you become aware of misuse of the DdL Services, please report this immediately to DdL by firstname.lastname@example.org, Subject: Misuse of DdL Services. DdL assumes no responsibility for monitoring the DdL Services for inappropriate Content or conduct. If at any time, DdL chooses in its sole discretion to monitor the DdL Services, DdL nonetheless assumes no responsibility for Content other than DdL Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the DdL Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the DdL Services, including DdL’s servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the DdL Services;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the DdL Services, or to circumvent or modify any security technology or software that is part of the DdL Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the DdL Services. If you do so, you acknowledge you will have caused substantial harm to DdL, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay DdL $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without DdL’s prior written consent;
- Use the DdL Services to advertise or promote competing services;
- Use the DdL Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
DdL reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by DdL in its sole discretion. You acknowledge DdL reserves the right to investigate and take appropriate legal action against anyone who, in DdL’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that DdL may access, preserve or disclose information you provide to the Site, including User Content, when DdL has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of DdL, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the DdL Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Chat Rooms and Public Forums
The Site offers users the ability to post public messages on chat rooms and forums (“Forums”), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and DdL cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. DdL is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. DdL reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
Your Proprietary Rights
DdL does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the DdL Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by DdL or any Affiliated Company. By posting any User Content on, through or in connection with the DdL Services, you hereby grant to DdL and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, DdL is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including DdL Services. DdL’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. DdL reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the DdL Services. You hereby appoint DdL as your agent with full authority to execute any document or take any action, DdL may consider appropriate in order to confirm the rights granted by you to DdL in this Agreement.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the DdL Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the DdL Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the DdL Services or Third Party Services. If you delete your User Content from any DdL Service, DdL’ license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the DdL back-up copies of the applicable DdL Service, which are not publicly available. Furthermore, to the extent that DdL made use of your User Content before you deleted it, DdL will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from DdL Services will not result in, and DdL assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from DdL Services, and (ii) termination of your account or your use of the DdL Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Copyrights and Other Intellectual Property
DdL respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. DdL has a policy of terminating repeat infringers’ access to the DdL Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Site infringes your copyright, please send DdL’ Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the DdL Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. DdL’ Copyright Agent for notification of claimed infringement can be reached as follows: Legal Department, Dino deLucy Studios LLC, 3909 Sierra Linda Dr., Escondido, CA 92025; Phone: (760) 888-0060; Attn: Jill Mattatia, Copyright Agent. DdL’s Copyright Agent for notification of claimed infringement can also be reached electronically at email@example.com.
Third Party Links and Services
You are solely responsible for your interactions with other DdL users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the DdL Services. DdL reserves the right, but has no obligation, to become involved in any way with these disputes.
The DdL Services are provided “AS-IS” and “as available” and DdL does not guarantee or promise any specific results from use of the DdL Services. DdL expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, DdL makes no warranty that your use of the DdL Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the DdL Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will DdL be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the DdL Services, problems or technical malfunction in connection with use of the DdL Services, attendance at a DdL event, any material downloaded or otherwise obtained in connection with the DdL Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the DdL Services, or the conduct of any users of the DdL Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of DdL.
Limitation on Liability
IN NO EVENT WILL DdL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE DdL SERVICES, EVEN IF TWiT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DdL’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DdL FOR THE DdL SERVICES DURING THE TERM OF YOUR USE OF THE DdL SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF DdL’ ACTS OR OMISSIONS OR YOUR USE OF TWiT SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE DdL SERVICES.
U.S. Export Controls
Software available in connection with the DdL Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the DdL Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
(1) DdL, including its DdL Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and DdL may have against the other that arise out of or relate to the DdL Services and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and DdL agrees to give up the right to sue in court. Each of you and DdL also agrees to give up the right to have Disputes heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and DdL (see paragraph 9 of this Arbitration Agreement below). The only exceptions to this Arbitration Agreement are that (i) each of you and DdL retains the right to sue in small claims court and (ii) each of you and DdL may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.
(3) Any arbitration between you and DdL will be conducted by the American Arbitration Association (the “AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Agreement.
(4) If either you or DdL wants to arbitrate a Dispute, you or DdL must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the DdL Service to which the Notice relates, and the relief requested. Your Notice to DdL must be sent by mail to Arbitration Notice of Dispute, Legal and Business Affairs, 3909 Sierra Linda Dr., Escondido, CA 92025. DdL will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. If you and we do not resolve the Dispute within those first 45 days, either you or we may initiate arbitration in accordance with the rules and procedures provided for by the AAA. A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to the DdL at the address listed above to which you sent your Notice of Dispute.
(5) AAA charges fees to conduct arbitrations. Ordinarily, the claimant has to pay that fee to start a case, but if you wish to commence an arbitration against DdL, and you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), you will not have to pay this filing fee; DdL will pay it on your behalf. If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by AAA, but DdL will reimburse that fee if you win the arbitration.
(6) If you are seeking to recover $10,000 or less, AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only. Either you or we may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither you nor we request one, DdL will pay the arbitrator’s fees associated with the hearing. If the claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the AAA Rules.
(7) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(8) Each of you and DdL may incur attorneys’ fees during the arbitration. In addition to whatever rights you may have to recover your attorneys’ fees under Applicable Law, if you prevail in the arbitration, and if DdL failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than DdL’s highest settlement offer to resolve the Dispute, then DdL will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If DdL wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a Dispute or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party & rsquo’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.
(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order DdL to pay any monies to or take any actions with respect to persons other than you, unless DdL explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND DdL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless DdL agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against DdL must be pursued, will remain in effect.
(10) You and DdL agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
This Agreement will be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and DdL agree to submit to the exclusive jurisdiction of the courts located in San Diego, California to resolve any dispute arising out of this Agreement or the DdL Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE DdL SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold DdL, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the DdL Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the DdL Services.
DdL does not knowingly accept, via the DdL Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. DdL’s policy is to simply delete any such submission without reading it or forwarding it to other DdL staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any DdL or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to DdL via the DdL Services (including but not limited to any public forum), however, such submissions and copyright become the property of DdL and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as DdL sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against DdL or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
DdL may, from time to time, post DdL employment opportunities on the DdL Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to DdL in response to employment listings, you are authorizing DdL to utilize this information for all lawful and legitimate hiring and employment purposes. DdL also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the DdL Services will constitute a promise by DdL to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the DdL Services constitute a promise that DdL will review any or all of the information submitted to it by users of the DdL Services.
Desert City Diva, and the DdL logo are trademarks of Dino deLucy Studios LLC and dinodelucystudios.com. All other trademarks, service marks and trade names used in the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of DdL or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.
©Dino deLucy Studios, LLC All rights reserved.
The failure of DdL to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices DdL may be required by Applicable Law to send to you will be effective upon DdL’s sending an e-mail message to the e-mail address you have on file with DdL or publishing such notices on the informational page(s) of DdL Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DdL as a result of this Agreement or your use of the DdL Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits DdL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DdL Services or information provided to or gathered by us in connection with such use.