The terms “we”, “us”, “our” and “Company” refer to DigitalRhythm.com LLC, a California corporation. And Videographers.com, the website. “You” or “your” refers to the customer who uses our website or any product or service viewed or accessed at our website. Your use of this website is governed by the terms and conditions as they exist at the time of your use. We reserve the right to change the terms and conditions in the future without notice.
1. Limitations on Use of Website. As a condition of your use of this website, you agree that you will not use this website for any illegal purpose, and that you agree to view, reproduce or distribute images and data from this website only for personal and non-commercial purposes. You should assume that everything you see or read on the website (such as images, photographs, illustrations, texts and other materials) (collectively, the “Content”) is the property of Videographers.com, Inc. and its advertisers, vendors, licensors and partners. Without our prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, re-post or otherwise use any of the Content in any way or for any purpose, including using our Content on any other website or in a networked computer environment.
2. Links to Third Party Websites. Our website may contain links to websites offered by parties other than us. These links are provided for your reference and convenience only. We do not control the content of those websites and we do not endorse the content of those websites or any of the products or services sold therein. Your linking to other websites is at your own risk. We will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or sites.
3. Warranty and Liability Disclaimer. Your use of this website is at your risk. Videographers.com, and Digital Rhythm LLC does not warrant or represent that our Content is accurate, error-free, truthful or reliable or that your use of such material will not infringe rights of third parties. We does not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you “AS IS” AND “AS AVAILABLE” AND Videographers.com, INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. WE MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING CLAIMS FOR LOST PROFITS OR LOST BUSINESS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED OR CONTRACTED FOR THROUGH THIS WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ON YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED.
4. Applicable Law and Venue. You agree that this Agreement, the rights and obligations of the parties hereunder, or any other dispute between you and us will be construed in accordance with and be governed by the laws of the State of California, without giving effect to conflicts of law principles. Any dispute arising under or relating to this Agreement will be resolved exclusively in the federal or state courts located in Orange County, California, without a jury, and both parties hereby consent to such waiver of the right to a jury and to the exclusive personal jurisdiction and venue of such courts.
5. Copyright and Trademark Notice. The contents of this website are copyrighted by Videographers.com, and Digital Rhythm LLC, a California Limited Liablility company, with all rights reserved. Videographers.com, DigitalRhythm.com, and all Videographers.com logos are trademarks of DigitalRhythm LLC and may not be used without our prior written consent. Other product or company names mentioned on our website may be trademarks of third parties. All software used on this website is our property or the property of our software suppliers and is protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance of the Content on this website is strictly prohibited.
6. Copyright Infringement. Videographers.com respects the intellectual property rights of others. Accordingly, Videographers.com has a policy of terminating (in appropriate circumstances) the account of any Videographers.com user who repeatedly posts infringing material on the Videographers.com site. If you believe that your copyright is being infringed by a Videographers.com website user, please send us correspondence to [email protected] by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) set forth below.
a. A physical or electronic signature of 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 are 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 Service Provider to locate the material;
d. Information reasonably sufficient to permit 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.
7. Indemnity. You agree to defend, indemnify, and hold harmless Videographers.com, Digital Rhythm LLC, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these terms and conditions. We shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
8. Password. You may receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.
Videographers.com / Digital Rhythm LLC