DND Video
Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
DND Video LLC, a Florida limited liability company “(DND Video,” “us,” or “we”), owns and operates this website, along with any related web services, products, or future offerings, including but not limited to DND Video’s associated social media platforms.
By accessing, using, downloading, or viewing this website—or any related products or services (as defined below) (collectively, the “Site”)—you agree to be bound by these terms and conditions (“Terms of Use”). The Terms of Use, together with our Privacy Policy ([insert link]) (collectively, the “Terms”), govern your use of the Site, any free materials and resources provided through the Site, and any other services or products we make available (collectively, the “Services”).
These Terms constitute a legally binding agreement between DND Video and you, whether you are using the Site personally or on behalf of an entity (collectively, “you”).
BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, WHICH INCLUDE A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIMITATIONS OF LIABILITY.
If you do not agree to these Terms or to comply with all applicable laws, you must immediately stop accessing or using the Site and Services.
If you have any questions about these Terms, please contact us at info@dndvideo.com.
If you access any DND Video content via a third-party social media network (including, without limitation, Facebook, Twitter, Instagram, or Pinterest), you also agree to comply with that network’s own terms and conditions.
User-Generated & Influencer Content Disclaimer
The Site includes content submitted by users, influencers, and third parties, including without limitation travel photos, recommendations, itineraries, reviews, and other materials (“User Content”). All User Content is provided for general informational and inspirational purposes only and reflects the personal opinions and experiences of the individual creator.
We do not verify, endorse, or guarantee the accuracy, completeness, legality, safety, or quality of any User Content. Influencer or featured content may be sponsored, compensated, or otherwise incentivized, and we do not monitor or ensure compliance with applicable advertising or disclosure laws.
You acknowledge that any reliance on User Content is at your own risk, and we disclaim all liability arising from or related to your use of or reliance on such content.
No Travel Advice / Informational Use Only
The Site and Services are provided for general informational and inspirational purposes only and do not constitute travel, legal, medical, safety, or other professional advice.
We make no representations or warranties regarding the suitability, safety, legality, or appropriateness of any destination, activity, or travel plan. You are solely responsible for evaluating all information and determining whether any travel experience is appropriate for your individual circumstances.
Trip Planning & Platform Tools Disclaimer
Any trip planning, itinerary tracking, saved lists, recommendations, or similar features made available through the Site are provided solely as organizational tools for your convenience.
Such tools may be incomplete, inaccurate, or outdated and are not intended to be relied upon as definitive or real-time travel information. You are solely responsible for confirming all details related to your travel plans, including without limitation reservations, schedules, availability, and logistics, directly with the applicable providers.
Third-Party Booking & Services Disclaimer
The Site may include links to, integrations with, or referrals to third-party service providers, including without limitation airlines, hotels, travel agencies, tour operators, and other booking platforms (“Third-Party Providers”). We may receive compensation, commissions, or referral fees in connection with your interactions with such Third-Party Providers.
We are not a travel agency, broker, or provider of travel services, and we do not own, control, offer, or manage any travel services or bookings. Any transactions you enter into with Third-Party Providers are solely between you and such providers and are governed by their respective terms and policies.
We disclaim all liability arising from or related to any Third-Party Providers, including without limitation any errors, cancellations, delays, pricing discrepancies, overbookings, service failures, personal injury, or property damage.
Pricing, Availability & Content Accuracy Disclaimer
Information available on the Site, including without limitation pricing, availability, locations, travel details, and recommendations, may change at any time and may not be current, complete, or accurate.
We do not guarantee the accuracy, completeness, reliability, or timeliness of any content on the Site. You acknowledge that discrepancies in pricing, availability, or other information may occur, and you are solely responsible for confirming all details directly with the applicable providers before making any decisions or bookings.
Travel Risks & Assumption of Risk
You acknowledge that travel involves inherent risks, including without limitation risks of personal injury, illness, theft, loss of property, transportation delays or cancellations, natural disasters, political instability, and other unforeseen events.
By using the Site and Services, you voluntarily assume all risks associated with your travel decisions and activities. We disclaim all liability for any injuries, damages, losses, or claims arising from or related to your travel experiences, regardless of whether such
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User Responsibility for Compliance
You are solely responsible for ensuring compliance with all applicable laws, rules, and regulations related to your travel, including without limitation passport requirements, visa and entry requirements, customs regulations, and health and vaccination requirements.
We do not provide guidance or assurances regarding such requirements and disclaim all liability arising from your failure to comply with applicable laws or regulations, including without limitation denied entry, fines, penalties, or other consequences.
Social & Community Interaction Disclaimer
The Site may include social, community, or interactive features that allow users to connect, communicate, or share content with one another.
Any interactions you have with other users, whether online or offline, are solely between you and such users, and you assume all risks associated with such interactions.
We disclaim all liability arising from or related to user interactions, including without limitation disputes, misrepresentations, or harmful conduct.
Content License & Platform Use Disclaimer
By submitting, posting, or sharing any content on or through the Site, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, display, and create derivative works from such content in connection with operating, promoting, and improving the Site and Services.
You represent and warrant that you own or have all necessary rights, licenses, and permissions to submit such content and to grant the foregoing license, and that your content does not infringe or violate the rights of any third party.
You acknowledge that content, recommendations, rankings, and feeds on the Site may be generated or influenced by automated systems or algorithms and do not constitute personalized advice, endorsements, or guarantees of quality or suitability.
CONTENT ON THE SITE
Intellectual Property Rights.
You acknowledge that the Site includes a combination of content created by us and content submitted, posted, or otherwise provided by users, influencers, and third parties (collectively, the “Content”). The Site itself, including its design, selection, coordination, and arrangement of Content, is protected by copyright, trademark, and other intellectual property laws.
As between you and DND Video, all rights in and to the Site and Content owned or licensed by DND Video remain the property of DND Video or its licensors. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to DND Video or their respective owners.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Site and Content for your personal, non-commercial use only and as intended through the normal functionality of the Site. We reserve the right, but not the obligation, to monitor Content and your use of the Site for compliance with these Terms.
Except as expressly permitted herein, you may not modify, reproduce, distribute, create derivative works from, publicly display, publicly perform, or otherwise exploit any Content, in whole or in part, without our prior written consent or the consent of the applicable rights holder. Unauthorized use of the Content may violate intellectual property and other laws.
User and Third-Party Content.
The Site functions as a social and content-sharing platform and includes Content submitted by users, influencers, and other third parties (“User Content”). User Content may include, without limitation, travel photos, videos, recommendations, itineraries, reviews, comments, and other materials.
We do not control, verify, endorse, or guarantee the accuracy, integrity, quality, legality, or safety of any User Content. User Content reflects the opinions and experiences of the individual creator and not those of DND Video. You understand that by using the Site, you may be exposed to content that is inaccurate, misleading, offensive, or otherwise objectionable.
We are not responsible for any User Content or for any loss or damage arising from your reliance on such content. You access and use User Content at your own risk.
Third-Party Content and Links.
The Site may contain links to third-party websites, services, or resources, as well as content provided by third parties that is not controlled by DND Video.
We do not monitor or endorse, and are not responsible for, the content, accuracy, availability, or practices of any third-party websites or resources. Accessing third-party content or links is at your own risk, and you acknowledge that DND Video shall not be liable for any loss or damage arising from your use of or reliance on any third-party content or websites.
YOUR CONDUCT ON THE SITE
Eligibility. To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
Account Information. If you create an account, any information that you choose to provide us must be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account or any acts or omissions that may cause your account to fall out of good standing and we may cancel your account in our sole discretion. When you register with DND Video and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from DND Video.
Feedback. If you send comments or suggestions about the Site to DND Video, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of DND Video. No submission shall be subject to any obligation of confidence on the part of DND Video. DND Video shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
Prohibited Conduct. You agree not to copy or imitate the appearance, design or style of our Site or any Content. The technology and software underlying our Site and the Services are the property of DND Video, our affiliates and/or our business partners. You agree that you will not use our Site or its Content to take any of the following actions:
Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.
PRIVACY POLICY
All of the information that we collect from you, such as your e-mail address and related personal information and credit card information, is subject to our privacy policy. DND Video’s privacy policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms. Please see our full privacy policy here.
DMCA COPYRIGHT INFRINGEMENT AND TAKE-DOWN POLICY
Infringement Notification. DND Video respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to:
Mikayla Allen
Email Address: info@dndvideo.com
Send such notice with the information that sets forth the items specified below:
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, DND Video may terminate access to the user’s account.
TERMS OF SALE FOR PRODUCTS AND/OR SERVICES
Products and/or Services. Through the Site, certain products, subscriptions, memberships or other services may be offered for purchase, all of which are referred to as the “Products and/or Services”. The fees for such Products and/or Services are as listed on the Site. All fees are due at the time of booking the Products and/or Servicesunless otherwise indicated on the Site, and DND Video will have no obligation to provide Products and/or Services until such fees are paid. All Products and/or Servicesare subject to these Terms of Use.
Products and/or Services Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
Availability and Pricing. DND Video reserves the right to change the prices and available Products and/or Services at any time. Quantities of some Products and/or Services may be limited and availability cannot always be guaranteed. Products and/or Services offered for sale on this Site are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a Service’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Purchasing Products and Services. The display of Products and/or Services on the Site invites you to make an offer to purchase the Products and/or Services. Your order is an offer to buy the Products and/or Services, which we accept only by providing the Products and/or Services or confirming your request for Products and/or Services. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction for any reason.
Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Service is unavailable or if the date of Services need to be rescheduled. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar Products or Services to fulfill your order.
Returns. We do not allow returns or substitutions of Products and/or Services. All sales are final.
Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Products and/or Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Products and/or Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
Personal Use Only. Products and/or Services are for your personal use only. You agree not sell or resell any Products and/or Services you purchase.
No Harassment. You agree to treat DND Video and its principals, employees, and contractors in a professional capacity at all times, and DND Video reserves the right to suspend and terminate Services to you at any time without refund in the event DND Video feels unsafe or uncomfortable in any way.
Questions? If you have questions, please contact us at:
DND Video
info@dndvideo.com
DISPUTES
Subject to applicable law, you and DND Video agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to DND Video in any way will be resolved in accordance with the provisions set forth in this Section.
Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@dndvideo.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same DND Video user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions. There are only two exceptions to this arbitration agreement:
First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, DND Video will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, DND Video is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against DND Video prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and DND Video. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and DND Video must be resolved exclusively by a state or federal court located in Miami-Dade Florida You and DND Video agree to submit to the personal jurisdiction of the courts located within Miami-Dade Florida for the purpose of litigating all such claims or disputes.
OPT-OUT. IF YOU ARE A NEW DND VIDEO USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO info@dndvideo.com (“OPT-OUT NOTICE”): DND VIDEO. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW DND VIDEO USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS OF SERVICE TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: info@dndvideo.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold DND Video and all of our officers, directors, mangers, members, employees, agents, information providers, affiliates, partners, and licensors (“DND Video Party,” or collectively, the “DND Video Parties”) harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys’ fees, incurred by any DND Video Party arising from, related to, or in connection with (a) a violation of any provision of these Terms by you; or (b) arising from, related to, or connected with your violation of the rights of DND Video or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Site.
WARRANTIES & DISCLAIMERS
Service Outages and Force Majeure. Unless you have greater rights in a separate signed agreement with us, we disclaim to the fullest extent permitted by law any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall DND Video or its licensor or service providers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that DND Video may not disclaim under law.
USE OF SITE AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT OR COURSES ON OUR SITE. OUR SITE, CONTENT AND SESSIONS ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (I) OUR SITE, SERVICES, OR COURSES WILL MEET YOUR REQUIREMENTSOR EXPECTATIONS, (II) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, COURSES, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT AND COURSES. DND VIDEO ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS. NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT DND VIDEO MAY NOT DISCLAIM UNDER APPLICABLE LAW.
NO RESPONSIBILITY FOR THIRD-PARTY PRODUCTS SERVICES AND MATERIALS. DND VIDEO DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND DND VIDEO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. DND VIDEO WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
LIMITATION OF LIABILITY
NO CONSEQUENTIAL DAMAGES. IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL DND VIDEO, AND DND VIDEO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES, COURSES, PODCASTS, CONTENT OR PRODUCTS, EVEN IF DND VIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT DND VIDEO MAY NOT EXCLUDE UNDER APPLICABLE LAW.
OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES OR PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT DND VIDEO MAY NOT EXCLUDE UNDER APPLICABLE LAW.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS OF THIS PARAGRAPH 9 ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
TERMINATION & SURVIVAL
Term. These Terms are effective unless and until terminated by us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
Suspension and Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.
Survival. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: Intellectual Property, Indemnification, Payment Obligations, Warranties and Disclaimers, Limitations of Liability, Dispute and any and all others that by their sense and context are intended to survive the termination or expiration of the Agreement shall survive.
GENERAL TERMS
No Waiver; Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. The provisions of these terms are intended to extend to the fullest extent permitted by law. No waiver of any term of these Terms will be binding unless in writing.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Applicable Law. These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of Florida and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Miami-Dade Florida if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Headings. The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.
Notice. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address:
info@dndvideo.com
Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and DND Video and govern your use of the Site and Services and supersede any prior agreements between you and DND Video on the subject matter. You may also be subject to additional terms when you use certain DND Video third party software, content, links, or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by DND Video without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of DND Video. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
Notice to California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to Users Outside the United States of America. The Site is controlled and offered by DND Video from the United States of America. DND Video makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.
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