D‘Monti Group LLC. (“D‘Monti”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because D’Monti has requested your permission to use your social media content in this way.
D‘Monti engages a limited number of service providers to facilitate the collection and transmission to the D‘Monti websites (www.dmonti.com and others)(the “Site”), social media channels, promotional materials and other properties (“D’Monti Properties”) of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by D’Monti in connection with its business, including D’Monti’s product feature, marketing, promotional, advertising and other consumer-related activities (the “D’Monti Services”).
USER CONTENT LICENSE
You hereby grant to D’Monti and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The Licensed Parties reserve the right to remove any User Content from the Site and the D’Monti Properties. If you believe any content, including User Content, residing on the Site or on the D’Monti Properties or displayed or used in connection with the D’Monti Services infringes any person’s or entity’s copyright rights, please refer to the D’Monti Copyright Policy: www.dmonti.com/terms/copyright_policy.
You certify that you are at least 18 years of age.
INTELLECTUAL PROPERTY RIGHTS
The Site, D’Monti Services or D‘Monti Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of D’Monti by authorizing use of your User Content or otherwise using or accessing the Site, the D‘Monti Services or the D‘Monti Properties.
INTELLECTUAL PROPERTY RIGHTS You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including D’MONTI Software and all HTML and other code contained in this Site, shall remain at all times vested in D’MONTI and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by D’MONTI and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. CONTENT In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. D’MONTI tries to ensure that the information on this site is accurate and complete. D’MONTI does not warrant or represent that D’MONTI's Content is accurate, error-free or reliable or that your use of D’MONTI's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. D’MONTI does not warrant that the functional aspects of the Web Site or D’MONTI's Content will be error free or that this Web Site, D’MONTI Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or D’MONTI's Content results in the need for servicing or replacing property, material, equipment or data, D’MONTI is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. D’MONTI and its suppliers make no warranties about D’MONTI Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. D’MONTI reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that D’MONTI is not liable to you or any third party for any such withdrawal. NO COMMERCIAL USE This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site. YOUR ACTIVITY You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them. THIRD PARTY We may include hyperlinks on this Site to other websites or resources operated by parties other than D’MONTI, including advertisers. D’MONTI has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. GENERAL While D’MONTI will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of Delaware. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you. You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS. INDEMNIFICATION At our request, you agree fully to defend, indemnify and hold harmless D’MONTI immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services. DIGITAL MILLENNIUM COPYRIGHT ACT If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing: 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider 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. Please contact our Copyright Agent as follows: D’Monti Group LLC 12222 Merit Drive, Suite 280, Dallas, Texas, 75251 Attn: Copyright Agent Tel: 469-248-7681 GENERAL LEGAL TERMS § (a) Complete Terms: The TOS constitute the whole legal agreement between you and D’MONTI and govern your use of the Services and completely replace any prior agreements between you and D’MONTI in relation to the Services. Notwithstanding the foregoing, you understand that D’MONTI may make changes to the TOS from time to time. When these changes are made, D’MONTI will make a new copy of the TOS available at http://dmonti.com. You agree that D’MONTI is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes. (b) Modifications to the Services: D’MONTI is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which D’MONTI provides may change from time to time without prior notice to you. You further acknowledge and agree that D’MONTI may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at D’MONTI 's sole discretion, without prior notice to you. (c) Confidentiality: You understand that D’MONTI grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. D’MONTI reserves the right to revoke these exceptions either generally or in specific cases. (d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that D’MONTI has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences including any loss or damage which D’MONTI may suffer) of any such breach. (e) Rights Not Waived: You agree that if D’MONTI does not exercise or enforce any legal right or remedy which is contained in the TOS (or which D’MONTI has the benefit of under any applicable law), this will not be taken to be a formal waiver of D’MONTI 's rights and that those rights or remedies will still be available to D’MONTI. (f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable. (g) Governing Law: The TOS, and your relationship with D’MONTI under the TOS, shall be governed by the laws of the State of Delaware. You and D’MONTI agree to submit to the exclusive jurisdiction of the State and Federal courts in Delaware, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. (h) Violation of TOS: Please report any violations of the TOS by emailing firstname.lastname@example.org. (i) Independent Relationship: You and D’MONTI are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and D’MONTI. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.