Terms and Conditions
Last modified: September 15, 2015
AGREEMENT AND SERVICES
Use of the DMi Software, as hereafter defined, is governed by the DMi, Inc. End User License.
If you create a DMi account within any DMi Offering, you must provide truthful and accurate information to us in creating such account. If DMi has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, DMi may suspend or terminate your ability to use or access a DMi Offering, and refuse any and all current or future use of or access to any or all DMi Offerings (or any portion thereof).
DMi reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
When you access a DMi Offering, send e-mails or electronically chat with DMi, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the DMi Offerings. You agree that all agreements, notices, disclosures and other communications that DMi provides to you electronically satisfy any legal requirement that such communications be in writing.
Certain DMi Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs (“virtual items”) that can be used while playing the DMi Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a DMi Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned. You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable DMi Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable DMi Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable DMi Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.
DMi may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and DMi will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your DMi Offering account is terminated or suspended for any reason, in DMi’s sole discretion, or if DMi discontinues any DMi Offering or any portion or feature of any DMi Offering.
SOCIAL NETWORK SITES
If you access a DMi Offering via a third party social networking site (a “Social Game”), you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.
If DMi has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, DMi may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).
REVIEWS, COMMUNICATIONS AND SUBMISSIONS
- Posting, transmitting, promoting, or distributing any content that is illegal
- Harassing or threatening any other user of a DMi Offering or any employee or contractor of DMi
- Impersonating another person, indicating that you are a DMi employee or a representative of DMi (if you are not), or attempting to mislead users by indicating that you represent DMi in any way
- Attempting to obtain a password, other account information, or other private information from any other user of a DMi Offering
- Uploading any software, files, photos, images or any other content to a DMi Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
- Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any DMi Offering.
- Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
- Improperly using any game support functions or complaint buttons, or making false complaints or other reports to DMi representatives.
- Posting or communicating any player’s real-world personal information within a DMi Offering or by or through a DMi Offering or any related bulletin board.
- Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
- Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a DMi Offering, or using or launching any unauthorized script or other software.
- Using a false e-mail address or otherwise disguising the source of any content that you submit within a DMi Offering, or using tools which anonymize your internet protocol address.
- Interfering or circumventing any DMi Offering security feature or any feature that restricts or enforces limitations on use of or access to a DMi Offering.
- Attempting to sell any part of a DMi Offering, including, without limitation, any virtual items (if applicable), DMi accounts and access to them in exchange for real currency or items of monetary or other value.
- Engaging in cheating or any other activity that DMi deems to be in conflict with the spirit of a DMi Offering.
PUBLIC NATURE OF COMMUNICATIONS
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any DMi Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any DMi Offerings (other than with respect to the information you provide to us in establishing your DMi account(s), if applicable). You acknowledge that personal information that you communicate publicly within any DMi Offering may be seen and used by others and may result in unsolicited communications. DMi is not liable for any information that you choose to submit or communicate to other users on or through any DMi Offerings, or for the actions of any other users of any DMi Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any DMi Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify DMi and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant DMi permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a DMi Offering, you expressly grant DMi the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
COMMERCIAL ACTIVITY AND UNSOLICITED E-MAIL
You may not use any portion of the DMi Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any DMi Offerings, or otherwise exploit your participation on or through any DMi Offerings for any commercial purpose.
When you post a review, we will display your rating of the DMi Offering, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.
NEITHER DMI, INC. NOR ITS LICENSORS, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY DMI SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE DMI SOFTWARE AND DMI UNLIMITED, RESIDES WITH YOU.
THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES
Any and all software, content and services (including advertising) within a DMi Offering that are not owned by DMi are “third party content and services.” DMi acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition, and without limiting the generality of the foregoing, certain DMi Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. DMi does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
TERMINATION OF ANY DMI ACCOUNT
DMi reserves the right to collect fees, surcharges or costs incurred before you cancel your DMi account(s) or a particular subscription. In the event that your DMi account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before DMi may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your DMi account is terminated or suspended for any reason, in DMi’s sole discretion, or if DMi discontinues any DMi Offering that includes virtual items.
INTELLECTUAL PROPERTY RIGHTS
LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY DMI OFFERING, DMI SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL DMI OFFERINGS AND DMI SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DMI DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE DMI OFFERINGS OR DMI SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE DMI OFFERINGS, DMI SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM DMI ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DMI IS TO STOP USING THE DMI OFFERINGS AND DMI SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR DMI ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT DMI IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A DMI OFFERING BY, ANY DMI OFFERING USER. IN NO EVENT SHALL DMI’S OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO DMI FOR YOUR PARTICIPATION IN ANY DMI OFFERING. IN NO CASE SHALL DMI OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY DMI OFFERING OR DMI SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT DMI IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DMI LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF DMI OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING DMI OFFERINGS AND DMI SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
IMPORT TAXES AND FEES
When you buy physical goods (e.g. CD-ROM) through any DMi Offering for delivery outside the United States, you are considered an importer and, as between you and DMi, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
EXPORT CONTROL LAWS
Certain DMi Offerings may be subject to United States and international export controls. By accessing DMi Offerings, you warrant that you are not located in any country, or exporting any DMi Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any DMi Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.
OTHER LEGAL TERMS
APPLICABLE LAW, JURISDICTION, AND VENUE
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS “DISPUTE RESOLUTION BY BINDING ARBITRATION” PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DMI AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
This provision precludes you from bringing any class, collective, or representative action against DMi. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action against DMi by someone else. In addition, arbitration precludes you from suing in court or from having a jury trial. You may opt out of this arbitration provision by following the instructions below.
Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and DMi shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this section, and DMi will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. You will still be responsible for paying your own attorneys’ fees.
Waiver of Class Relief. Whether the dispute is heard in arbitration or in court, you agree that you and DMi will not commence against the other a class action, class arbitration or other representative action or proceeding. You and DMi are each waiving respective rights to a trial by jury or to participate in a class action.
If any portion of this section entitled “Dispute Resolution by Binding Arbitration” is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
STATUTE OF LIMITATIONS
Attn: DMi Legal
550 South Caldwell Street
Charlotte, NC 28202
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a DMi Offering in a way that may constitute copyright infringement, you may provide notice of your claim to the DMi Representative listed below. For your notice to be effective, it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located within the DMi Offering;
- Information reasonably sufficient to permit DMi to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
- 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; 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.
Attn: DMi Legal
550 South Caldwell Street
Charlotte, NC 28202