AGREEMENT BETWEEN USER AND WWW.DGA.ORG
This website, including any content, software or information contained within the website and any website-related service (collectively, the "Website"), is offered to you conditioned on your acceptance without modification of the following terms, conditions and notices ("Terms and Conditions"). Your use of the Website constitutes your agreement to all such Terms and Conditions.
MODIFICATION OF THESE TERMS AND CONDITIONS
The Directors Guild of America, Inc. ("DGA") may, in its sole discretion, modify these Terms and Conditions at any time without notice to you. Your continued use of the Website after modification of these Terms and Conditions constitutes your acceptance of those modifications.
LINKS TO THIRD PARTY WEBSITES
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the DGA and the DGA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The DGA is not responsible for webcasting or any other form of transmission received from any Linked Site. The DGA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the DGA of the Linked Site or any association with its operator.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not reproduce, duplicate, copy, sell, trade or exploit for any commercial purpose any portion of the Website.
Violating the security of the Website is prohibited and may result in criminal and civil liability. The DGA may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Website or to breach security or authentication measures, unauthorized monitoring of data or traffic, and interference with service to any user, host, or network.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOUR USE OF IT IS AT YOUR SOLE RISK. THE DGA AND ITS SUPPLIERS, AFFILIATES, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT.
THE DGA AND ITS SUPPLIERS, AFFILIATES, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVES MAKE NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR STREAMING OR DOWNLOADING FROM THE WEBSITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE; (iv) THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, COMPLETE OR RELIABLE; AND (v) ANY ERRORS IN THE WEBSITE OR SOFTWARE WILL BE CORRECTED.
ANY MATERIAL STREAMED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE DGA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION RECEIVED THROUGH THE WEBSITE SHOULD BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
IN NO EVENT SHALL THE DGA OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) EXCEPT AS OTHERWISE EXPLICITLY PROVIDED IN THESE TERMS AND CONDITIONS, ANY CLAIM ATTRIBUTABLE TO ERROR ON THE PART OF THE DGA; (iii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE WEBSITE; (iv) UNAUTHORIZED ACCESS TO YOUR WEBSITE ACCOUNT ("ACCOUNT") AND USE OF THE PERSONAL INFORMATION CONTAINED IN OR ACCESSIBLE THROUGH YOUR ACCOUNT; (v) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE, EVEN IF THE DGA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY AND WARRANTIES SET FORTH ABOVE. IF ANY PART OF THIS LIABILITY DISCLAIMER IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE AGGREGATE LIABILITY OF THE DGA FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify and hold harmless the DGA and its underlying content and service providers, licensors and suppliers, and each of their respective officers, directors, agents, employees and representatives from and against all losses, costs, damages, liabilities and expenses, including attorneys' fees, made by any third-party due to or arising out of: (i) your use of the Website; (ii) your connection to the Website; (iii) your violation of these Terms and Conditions; or (iv) your violation of any law or the rights of another by use of the Website. These obligations will survive any termination of your relationship with the DGA or your use of the Website. The DGA reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with the DGA in asserting any available defenses.
TERMINATION OF ACCESS OR ACCESS RESTRICTION
You agree that the DGA may immediately terminate or suspend your Website account (your "Account"), any associated email address, and access to all or any part of the Website or change your password at any time without notice. Such termination, suspension or change may be for any reason, including but not limited to: (i) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated Account deletions); (iv) discontinuance or material modification to the Website; (iv) unexpected technical or security issues or problems; or (v) engagement by you in fraudulent or illegal activities. Termination of your Account includes (or, if the DGA instead elects to suspend your Account, may include any one or more of the following): (i) removal of access to all offerings within the Website; (ii) deletion of your password and all related information, files and other content associated with or inside your Account (or any part thereof); and (iii) barring you from further use of the Website. You agree that all terminations and suspensions shall be made in the DGA´s sole discretion and the DGA shall not be liable to you or any third party for any termination or suspension of your Account, loss of storage, any associated email address, or access to the Website.
All contents of the Website are: Copyright 2011 Directors Guild of America, Inc. or its suppliers. All rights reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The DGA respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Website in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the DGA's Copyright Agent (firstname.lastname@example.org) the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A specific description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- 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;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the DGA as a result of these Terms and Conditions or your use of the Website. The DGA's performance under these Terms and Conditions is subject to existing laws and legal process, and nothing in these Terms and Conditions shall prevent the DGA from complying with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the DGA with respect to such use.
These Terms and Conditions constitute the entire understanding of the parties on the subject matter contemplated hereunder and supersedes all prior understandings between the parties, whether written or verbal.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
Any dispute arising out of or relating to these Terms and Conditions or use of the Website shall be governed by the laws of the State of California, without regard to the rules governing conflict of laws. The parties consent to the exclusive jurisdiction of the federal and state courts located in the State of California, County of Los Angeles with respect to any such dispute.
ACH PAYMENT TERMS AND CONDITIONS
ELECTRONIC SIGNATURE AND ACH AUTHORIZATION
LIMITATION OF LIABILITY
The DGA will use its best efforts to ensure all of your payments are made correctly. However, the DGA will incur no liability if it is unable to complete payments initiated by you through the Service because: (i) your designated account does not contain sufficient funds to complete the transaction or the transaction would exceed your overdraft credit limit; (ii) your bank account is closed or restricts withdrawals; (iii) your bank or financial institution refuses to honor the transaction; (iv) the Service or the Website is not working properly and you are advised of that before initiating payment; (v) circumstances beyond the DGA's control (such as flood, fire, power outages, mechanical or system failures); (vi) a reasonable security concern, such as unauthorized use, causes the Service not to honor your instructions; (vii) the Service has been disabled or suspended; (viii) you have been advised that your request will not be processed; or (ix) other exceptions allowed by law. The DGA's liability for any improper debit from your bank account due to bona fide error on its part will be limited to the amount improperly debited. The DGA is not liable for improper debits from your bank account caused by any third party.
INCOMPLETE OR RETURNED PAYMENTS
If your ACH payment is returned or if the Service is unable to complete a payment initiated by you for any reason associated with your designated account, bank or financial institution (e.g., insufficient funds, closed or restricted account), you will be liable for all costs associated with such incomplete or returned payment. You hereby authorize the Service to deduct the amount of any such cost incurred by the DGA from your designated account.
MODIFICATION OF THESE TERMS AND CONDITIONS
The DGA may, in its sole discretion, modify these ACH Terms and Conditions at any time without notice to you. Your continued use of the Service after modification of these ACH Terms and Conditions constitutes your acceptance of those modifications.