Effective Date: March 15, 2012
Welcome to the Dyle Services, which are operated by Mobile Content Venture LLC (“MCV” or “we” or “us”). The services MCV provides include the website located at www.dyle.tv and all corresponding web pages and websites associated with the foregoing URL (each a “Dyle Website”), the Dyle branded applications (each a “Dyle Application”), and other content, features, functionality and other information and services offered by us from time to time though the Dyle Applications and/or the Dyle Websites, including when accessed via the Internet, mobile or other devices (collectively, the “Dyle Services”). MCV is based in the United States.
Eligibility for the Dyle Services
Use of the Dyle Services is limited to users aged 13 years and above. All registration information you submit to MCV must be accurate. You are responsible for all use of the Dyle Services via your device. You agree to notify MCV immediately if you suspect any unauthorized use of, or access to, the Dyle Services via your registered device.
This Agreement remains in full force and effect while you use the Dyle Services. MCV may terminate your account and/or access to the Dyle 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 Dyle 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 MCV reserves the right to charge subscription fees for any portion of the Dyle Services. The MCV will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your use of the Dyle Services in the event you do not wish to pay the modified fee. If you continue to use the Dyle 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 MCV suspends or terminates your account and/or access to the Dyle 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.
The Dyle Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of MCV (“Dyle Content”). Dyle Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and MCV, MCV owns and retains all rights in the Dyle Content and the Dyle Services. MCV hereby grants you a limited, revocable, nonsublicensable license to access and display the Dyle Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Dyle Website and using the Dyle Services. The Dyle Services may also contain Content of users and other MCV licensors. Except as provided in this Agreement or as explicitly allowed on the Dyle 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 Dyle Services.
Except as explicitly and expressly permitted by the MCV, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Dyle 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. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by MCV. You may not build a business utilizing the Content, whether or not for profit.
Your Use of Dyle Services
The Dyle Services are offered for your personal use only and may not be used for commercial purposes unless specifically endorsed or authorized by MCV in writing. MCV 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 Dyle Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the Dyle Services. You understand that MCV does not control the User Content posted by users via the Dyle Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. MCV assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Dyle Services, please report this immediately to the MCV by email to email@example.com. The MCV assumes no responsibility for monitoring the Dyle Services for inappropriate Content or conduct. If at any time, the MCV chooses in its sole discretion to monitor the Dyle Services, the MCV nonetheless assumes no responsibility for Content other than Dyle 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 Dyle 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 Dyle Services, including MCV’s servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Dyle 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 Dyle Services, or to circumvent or modify any security technology or software that is part of the Dyle Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Dyle Services. If you do so, you acknowledge you will have caused substantial harm to MCV, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay MCV $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 MCV’s prior written consent;
- Use the Dyle Services to advertise or promote competing services;
- Use the Dyle Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
MCV reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by MCV in its sole discretion. You acknowledge the MCV reserves the right to investigate and take appropriate legal action against anyone who, in MCV’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 MCV may access, preserve or disclose information you provide to the Dyle Services, including User Content, when MCV 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 MCV or MCV members (i.e., Fox Entertainment Group, Inc., NBC Universal, Inc., ION Media Networks and Pearl Mobile DTV Company, LLC or their affiliates (collectively, “Member Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Dyle 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.
Your Proprietary Rights
MCV 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 Dyle Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by MCV or any Member Company. By posting any User Content on, through or in connection with the Dyle Services, you hereby grant to MCV and our Member 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 on, through or in connection with the Dyle Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), 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 commercial purposes. MCV‘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. MCV reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Dyle Services.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Dyle 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 Dyle 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 Dyle Services or Third Party Services.
Copyrights and Other Intellectual Property
MCV 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. MCV has a policy of terminating repeat infringers’ access to the Dyle Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Dyle Services infringes your copyright, please send MCV’s 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 Dyle 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. MCV’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Mobile Content Venture LLC, 900 Sylvan Ave., Englewood Cliffs, NJ 07632; Facsimile: 201-642-1190; Phone: 201-735-3678; Attn: Copyright Agent. MCV’s Copyright Agent for notification of claimed infringement can also be reached electronically at firstname.lastname@example.org.
Third Party Links and Services
You are solely responsible for your interactions with other MCV users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Dyle Services. MCV reserves the right, but has no obligation, to become involved in any way with these disputes.
The Dyle Services are provided “AS-IS” and “as available” and MCV does not guarantee or promise any specific results from use of the Dyle Services. MCV 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, MCV makes no warranty that your use of the Dyle Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Dyle 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 MCV be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Dyle Services, problems or technical malfunction in connection with use of the Dyle Services, attendance at a MCV event, any material downloaded or otherwise obtained in connection with the Dyle Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Dyle Services, or the conduct of any users of the Dyle 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 MCV.
Limitation on Liability
IN NO EVENT WILL MCV OR ANY MEMBER COMPANY 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 DYLE SERVICES, EVEN IF MCV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MCV’S OR THE MEMBER COMPANIES’ 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 MCV FOR THE DYLE SERVICES DURING THE TERM OF YOUR USE OF THE DYLE SERVICES.
U.S. Export Controls
Software available in connection with the Dyle Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Dyle Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and MCV agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of the Agreement or the Dyle 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 to indemnify and hold MCV, its Member 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 Dyle 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 Dyle Services.
MCV does not knowingly accept, via the Dyle Services or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. MCV’s policy is to simply delete any such submission without reading it or forwarding it to other MCV staff or staff of its Member Companies. Therefore, any similarity between an unsolicited submission and any elements in any MCV or Member Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to MCV via the Dyle Services (including but not limited to any public forum), however, such submissions and copyright become the property of MCV and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as MCV 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 MCV or Member Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
MCV may, from time to time, post MCV employment opportunities on the Dyle 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 MCV in response to employment listings, you are authorizing MCV to utilize this information for all lawful and legitimate hiring and employment purposes. MCV also reserves the right, at its sole discretion, to forward the information you submit to its Member Companies for legitimate business purposes. Nothing in this Agreement or contained in the Dyle Services will constitute a promise by MCV to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Dyle Services constitute a promise that MCV will review any or all of the information submitted to it by users of the Dyle Services.
The failure of MCV 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.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.