Last revised May 25, 2010
Welcome to the Digital Diaspora Family Reunion LLC (“Digital Diaspora”) website located at DDFR.TV. This website, (the “Site”), is owned and operated by Digital Diaspora (“Company,” “we,” “our,” or “us”). These Terms of Use (“Terms of Use”) along with the DDFR.TV Privacy Policy (the “Privacy Policy”) apply to and govern your use of the Site and Services (defined below.) The Terms of Use and Privacy Policy are collectively referred to as the “Agreement” and set forth the terms and conditions governing your use of this Site and your access to and use of the Services either currently offered or offered in the future on or through the Site. Before using the Site and Services, please review each document in the Agreement.
The Services offered by Company include the Site, content (including, without limitation, images, video and accompanying audio) hosting and sharing on the Site and third party sites, applications and services, content editors, links to partner providers, printing and other photographic merchandise, DDFR.TV APIs, and any other features, content, mobile services, DDFR.TV branded URLs or applications offered from time to time by Company in connection with Company’s business (collectively, the “Services”). The Company Services are hosted in the United States.
USE OF SITE
PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER YOU ARE A “VISITOR” (WHICH MEANS THAT YOU SIMPLY BROWSE OR USE THE SITE, INCLUDING THROUGH A MOBILE DEVICE, OR OTHERWISE USE THE SITE WITHOUT BEING REGISTERED) OR YOU ARE A “MEMBER” (WHICH MEANS THAT YOU HAVE REGISTERED AS A MEMBER OF THE SITE.) THE TERM “USER” REFERS TO A VISITOR OR A MEMBER. YOU ARE ONLY AUTHORIZED TO ACCESS THIS SITE OR TO USE THE SITE, INCLUDING MATERIALS AND SERVICES CONTAINED IN THE SITE (REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED) IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS SITE.
User Restrictions and Privacy Practices
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Company will always be accurate, correct and up to date. Information you submit to Company or that we may collect in the course of your use of this Site is governed by the current Company Privacy Policy. The terms of the Privacy Policy are incorporated into these Terms of Use by this reference.
Changes to These Terms of Use
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after the posting of any revisions to these Terms of Use signifies your acceptance of the revised Terms of Use. Therefore, it is important that you check and review these Terms of Use regularly to determine if there have been changes.
General User Conduct
You understand that the Services and this Site are available for your personal use only. You further agree not to use the Services or the Site to:
(a) violate applicable federal, state and international laws
(b) harvest or collect email addresses or other contact information from other Users of the Services or the Site by electronic or other means for the purposes of data harvesting, sending unsolicited emails or other unsolicited communications;
(c) use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
(d) use automated scripts to collect information from or otherwise interact with the Services or the Site;
(e) access (or attempt to access) the Services by any means other than that is provided by Company, unless you have been specifically allowed to do so in a separate agreement with Company;
(f) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
(g) reproduce, duplicate, copy, sell, trade or resell any portion of the Services for any purpose; or
(h) directly or indirectly: (i) use the Site to infringe the intellectual property rights of others; (ii) use the Site to or make any attempt to penetrate, modify or manipulate the Site to invade the privacy of any other User of the Site; (iii) attempt to modify, erase or damage any information contained on the Site; (iv) reverse engineer any portion of the Site; (v) restrict or inhibit others from using the Site; (vi) engage in conduct or distribute material that is harmful, obscene, otherwise illegal or objectionable, or gives rise to civil liability; (vii) spoof or otherwise impersonate any individual or entity; or (vii) violate or attempt to violate the security or integrity of the Site or of any associated computer system.
These rules are only the minimum level of conduct that we expect at our Site. We also ask that you use common sense and be considerate towards other Users. We reserve the right, at our discretion, to suspend or terminate your right to use the services provided on the Site, if you violate any of the aforementioned rules of conduct or engage in other offensive conduct. Company reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving the Site.
REGISTERED USERS
Eligibility
Use of the Services and/or registration to be a Member is void where prohibited, and is intended solely for Users who are fourteen (14) years of age or older. Any registration by, use of or access to the Site by anyone between the ages of fourteen (14) and eighteen (18) should be approved by the User’s parent or guardian. Use of this Site by anyone under age fourteen (14) is unauthorized and violates these Terms of Use. By using the Services or the Site, you represent and warrant that you are age fourteen (14) or older and that you agree to abide by all of the terms and conditions of these Terms of Use.
Passwords and Account Security
In consideration of your use of the Site, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”);
(b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current, and complete;
(c) understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services or this Site;
(d) be fully responsible for all use of your account and for any actions that take place using your account; and
(e) notify Company at membersupport@DDFR.TV if you become aware of any unauthorized use of your account or password.
User Content
You understand that you are solely responsible for your profile (including your name, image, likeness) and all information, including without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images and other content that you upload, post or display on or through the Services or the Site, or transmit to or share with other Users (collectively the “User Content”). You may not post, transmit, or share User Content on the Services or on the Site that you did not create or that you do not have permission to post. You understand and agree that Company has no obligation to monitor, pre-screen, review, flag, filter or modify the Site, but reserves the right to edit, refuse to post, delete or remove (without notice) any User Content in its sole discretion, including User Content that in the sole judgment of Company violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. You understand that by using the Services, you may be exposed to User Content that you may find offensive, indecent or objectionable and that, accordingly, you agree to use the Services at your own risk. In no event shall Company assume or have any responsibility or liability for any posted User Content, including for any claims, damages or losses resulting from the use and/or appearance of such User Content on the Site. Company reserves the right at all times to disclose any information (including the identity of the persons providing information or User Content on the Site), as necessary to satisfy any law, regulation or governmental request.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, represent and warrant that you have the necessary rights to grant to Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) including, without limitation, distributing part or all of the Site in any media formats through any media channels, (except User Content marked “private” will not be distributed outside the Site,) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
If you choose to remove your User Content from the Site, the license granted above will automatically expire as to such Site; however, you acknowledge that Company may retain archived copies of your User Content. Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any associated intellectual property rights or other proprietary rights; provided that you acknowledge and agree that you are fully responsible for protecting and enforcing such rights and that Company shall have at no obligation to do so on your behalf.
After you remove your Content from the Site we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the Site you change the Content’s privacy setting to “private,” we will cease any further distribution of such “private” Content outside the Site as soon as practicable.
Registered User Conduct
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition to any other terms governing your conduct in these Terms of Use, you agree not to use the Services or any of the Company Sites to:
(a) upload, post, transmit, share, store or otherwise make available any User Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, including to register for a User account on behalf of an individual other than yourself;
(c) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(d) upload, post, transmit, share, store or otherwise make publicly available on the Site any private or personally identifiable information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(e) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
(f) upload, post, transmit, share or otherwise make available any material that contains software viruses 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;
(g) intimidate or harass others;
(h) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
(i) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its Users to any harm or liability of any type.
User Disputes
Company does not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by a User. You acknowledge that any reliance on User Content posted by other Users will be at your own risk. Company does not confirm that each User is who he or she claims to be. Company employs reasonable security measures consistent with standard industry practice to help protect against the misuse of posted User Content. However, if misuse has occurred Company is in no way liable for such misuse. Because Company is not involved in User-to-User dealings and does not control the behavior of participants on the Site, in the event that you have a dispute with one or more Users, you release Company from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. We reserve the right, but have no obligation, to monitor disputes between you and other Users. You are solely responsible for your interactions with other Users of the Site. If Company becomes aware of any posted User Content that allegedly may not conform to these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to take action in accordance with these Terms of Use. Company has no liability or responsibility to Users for performance or nonperformance of such activities. You may find some posted User Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. Company expects that you will use caution and common sense when using the Site and Services. If you become aware of misuse of the Site and/or Services by any person, please email membersupport@DDFR.TV and include in your email a URL to the material in question.
Term
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Services. You may terminate your Membership at any time, for any reason, by following the instructions on the account options page. Even after your Membership and/or your use of the Services is terminated, this Agreement will remain in effect in its entirety.
TERMINATION
Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, descriptions, comments, images or videos) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Company expressly reserves the right to remove any or all of your images, videos, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the Services if Company determines, in its sole discretion, that you have violated this Agreement or pose a threat to Company and/or its Users.
PROPRIETARY RIGHTS IN SITE CONTENT
Except for legally posted User Content, you acknowledge and agree that all content on the Site or available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, including any related intellectual property rights, whether registered or not (the “Site Content”), is the proprietary property of Company, its Users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Company’s prior written permission.
Unless you have agreed otherwise in writing with Company, nothing in these Terms of Use gives you a right to use any of Company’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. 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 Services.
LIMITED LICENSE
Provided that you are an eligible User as solely determined by Company, Company gives you a limited license to access the Site and Services for the sole purpose of enabling you to use and enjoy the benefit of the Services and the Site as provided by Company in the manner permitted by these Terms of Use, including to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time without notice and with or without cause.
COPYRIGHT COMPLAINTS
Company 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. Company has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Site and/or Services in a way that constitutes copyright infringement, please follow the procedures set forth in the DDFR.TV Copyright and IP Policy including sending a written notification of such infringement to our designated Agent below.
Copyright Agent
c/o Digital Diaspora Family Reunion LLC
Post Office Box 1584
Greenwood Lake, New York 10925
Pursuant to the Digital Millennium Copyright Act, to be effective the notification must be in writing and include all of the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
(c) 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.
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has 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.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When we receive proper notification of alleged copyright infringement, we will take such action as is appropriate under the Digital Millennium Copyright Act.
THIRD PARTY SITES
This Site may link to third party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Sites or Content”). Such Third Party Sites or Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Content accessed through the Company Sites or posted on, available through or installed from the Site, including the accuracy, reliability, offensiveness, opinions, privacy policies, terms of services or other practices of or found at the Third Party Sites or Content. These links are provided for your convenience, and Company assumes no responsibility for any Third Party Sites or Content. When you access these Third Party Sites or Content, you do so at your own risk.
DISCLAIMER OF WARRANTY
THIS SITE, THE SERVICES, AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. INTERACTIVE ONE DOES NOT WARRANT THE CURRENCY, COMPLETENESS, OR ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
The Company performs technical functions necessary to offer the Services, including but not limited to transcoding and/or reformatting User Content to allow its use throughout the Site and Services. Although the Site and other Services are normally available, the Site and/or Services may be temporarily unavailable from time to time for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Company.
Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to User’s or to any other person’s computer, or other property, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Services, any User Content or Site Content posted on or through the Site or the Services or transmitted to Users, or any interactions between Users of the Site, whether online or offline. Company is not a backup service. Company encourages you to maintain your own backup of your posted User Content.
LIMITATION OF LIABILITY
NEITHER COMPANY, NOR ITS AFFILIATES, SUBSIDIARIES, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR SERVICES AND/OR THE SITE CONTENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, THE SERVICES, ITS SERVERS, OR THE SITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICES AND THE SITE CONTENT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM OR PROPERTY, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
INDEMNITY
You agree to indemnify and hold Company, its parent, subsidiaries, affiliates, and each of their directors, officers, agents, contractors, partners and employees and third-party service providers harmless from and against any claim, demand, damages, cause of action, debt, loss or liability, costs and expenses including reasonable attorneys’ fees and other professional fees, to the extent that such action is based upon, arises out of, or in connection with any User Content you post or share on or through the Site, any Third Party Sites or Content, your use of the Services or the Site, your conduct in connection with the Services or the Site or with other Users of the Services or the Site, or any violation of these Terms of Use or of any law or the rights of any third party. This indemnity shall survive the termination of these Terms of Use
CHOICE OF LAW
These Terms of Use, and your relationship with Company under these Terms of Use, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located within the county of New York to resolve any legal matter arising from these Terms of Use. Notwithstanding this, you agree that Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
MISCELLANEOUS
This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a Member. These Terms of Use contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The failure of Company to exercise or enforce any right or provision of this Agreement shall 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.
CONTACTING US
If you have any additional questions or concerns about these Terms of Use, please contact us by email at membersupport@DDFR.TV or at Website Inquiry, c/o Digital Diaspora Family Reunion LLC, Post Office Box 1584, Greenwood Lake, New York 10925, USA.