Terms of Use

Terms of Use

Important: Please read these Terms of Use carefully before accessing this website.

These Terms of Use create a legal agreement between you (“You” or “Your”), and in such case You register as a DSI member according to these Terms of Use (“Member(s)”), and The Digital Storytellers, Inc. (“DSI”) that governs: (1) the information made available through the website MyAgencyVideos.com (“Information”); (2) the nature of the relationship between You, Members, and DSI; (3) DSI’s use of Your information gathered through this website; and (4) Your use of this website, related websites, related video systems, related video services, and the Information (collectively, the “DSI Site”). For purposes of our Agreement, the term “website” may, at our option, include any current or future web apps, domestic co-branded websites, affiliated websites, in which DSI currently participates or may participate in the future. By accessing any portion of the DSI Site or by becoming a registered Member, You are indicating that You have read and understand, and that You assent to be bound by, these Terms of Use, which may be amended from time to time by DSI pursuant to the terms herein. If You do not agree to any part of these Terms of Use, You are not permitted to access or use the DSI Site or become a DSI Member.

DSI Membership.

By registering a User ID and Password and initiating service with DSI by completing the registration form and agreeing to pay the monthly fee indicated on the registration form, You become a DSI Member, are authorized to utilize the DSI Site, and are granted the limited license described below. The debit or credit card You provide on the registration form will automatically be charged the monthly fee (in advance) on the same day each month. The monthly fee is nonrefundable and You have the ability at any time to cancel the automatic charge by contacting DSI at [email protected] If Your monthly fee cannot be processed, Your Membership will be deactivated and you will be notified by email. You may reactivate Your Membership by updating your debit or credit card information so that it can be processed. You Membership will automatically terminate after Your monthly fee cannot be processed for forty five (45) consecutive days.

User ID and Passwords.

If You register a User ID and Password using the DSI Site, become a Member, or provide certain information via the DSI Site, You agree to complete the registration, or other process provided by the DSI Site, by providing current, complete, and accurate information as requested by any forms generated by the DSI Site. You may not provide any false or fraudulent information to DSI to gain access to the DSI Site, register a User ID or Password, or to become a Member.

Members are responsible for safeguarding any password that You use to access any areas of the DSI Site. Members agree to avoid disclosing Your password to any third party and that only Member and Member’s employees are granted access to User ID(s) and Password(s). Members agree to take sole responsibility for any activities or actions under Member’s User ID(s) and Password(s), whether or not Member has authorized such activities or actions. Member will immediately notify DSI of any unauthorized use of Member’s User ID(s) and Password(s). You may change Your password at any time using the DSI Site.

Intellectual Property and License.

All right, title, and interest in and to all videos, logic, design, and software coding, content, text, images, and other materials on the DSI Site are either owned or licensed by us, and are protected by International copyright, trademark, and other laws and treaties. ALL RIGHTS ARE RESERVED.

DSI hereby grants Members registered in accordance with these Terms of Use a nonexclusive, nontransferable, limited license to use the DSI Site. Members must keep intact, and may not remove or alter, any copyright or other proprietary notices on any video, content, text, image, template, or other material provided by the DSI Site. Members may not copy or modify the HTML or other software code provided by the DSI Site.

If You are not a Member, You hereby agree that You shall not: (a) republish material from the DSI Site; (b) sell, rent or otherwise sub-license material from the DSI Site; (c) show any material from the DSI Site in public; (d) reproduce, duplicate, copy or otherwise exploit material on the DSI Site for a commercial purpose; (e) edit or otherwise modify any material on the DSI Site; (f) redistribute material from the DSI Site; or (g) copy or modify the HTML or other software code provided by the DSI Site.

No Unlawful or Prohibited Use.

As a condition of Your use of the DSI Site, or becoming a registered Member, You warrant that You will comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the DSI Site and any related activities. In addition, You warrant that You will not use the DSI Site in any way prohibited by these Terms of Use. If You violate any of these Terms of Use, Your permission to use the DSI Site will automatically terminate. DSI reserves the right to revoke Your access to and use of the DSI Site at any time, with or without cause.

Links to Third-Party Websites.

The DSI Site may contain links to websites operated by parties other than DSI. Such links are provided for reference only. DSI does not control such websites and is not responsible for their content. DSI’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. If You decide to access any of the third party sites linked to the DSI Site, You do so entirely at Your own risk.

General Disclaimer.

You and Members acknowledge that scheduled maintenance and errors within third party systems may impact the availability and accuracy of Information provided by the DSI Site. You and Members agree that DSI shall not be responsible or liable for the availability or accuracy of Information provided by the DSI Site. You and Members also agree that DSI is not liable for services affected by third party websites, services, or resources and is under no obligation to provide proration of fees based on such maintenance, errors, or affected third party sites.

Although DSI has attempted to provide accurate information on the DSI Site, DSI assumes no responsibility for the accuracy of the information. All information provided on the DSI Site is provided “as is” with all faults without warranty of any kind, either express or implied. DSI hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title, and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.

Limitation on Liability.

Neither DSI, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the DSI Site, or damages from the use of or reliance on the information present on the DSI Site, even if DSI has been advised of the possibility of such damages. Without limiting the foregoing, any DSI liability shall be limited to a single monthly Membership payment. You also hereby agree that DSI offers no guarantee, assurance or warranty of any kind, including for improvement to Your business after using the DSI Site.

Modification of the DSI Site.

DSI (and/or its suppliers) reserves the right in its sole discretion to improve, modify, or remove any information or content appearing on the DSI Site. DSI may discontinue or revise any or all aspects of the DSI Site in its sole discretion and without prior notice. You hereby agree that your continued use of the DSI Site is acceptance of the revisions. Without limiting the foregoing, DSI reserves the right to change the terms, conditions, and notices under which this DSI Site are offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon either 1) acceptance for new users, or 2) immediately after they are posted on DSI for all other users. It is Your responsibility to check terms and conditions of this Agreement at the time of each use.

Privacy.

We view the protection of users’ privacy as a very important principle and will only use Your information as described in the Privacy Policy. We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent, and we use Your information only as described in the Privacy Policy. We store and process Your information on computers located in the United States that are protected by physical as well as technological security devices. If You object to Your information being transferred or used in this way, please do not use our services or register as a Member.

Services Not Provided.

DSI is not part of any insurance company and does not provide insurance policies or services. Information provided by the DSI Site is not intended to be and does not constitute insurance advice or services, the practice of law, tax advice or services, investment or financial advice or services, or accounting advice or services. Because the DSI Site is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from Your insurance provider, legal counsel, accountant, financial advisor or tax consultant qualified in the applicable subject matter and jurisdictions.

Indemnity.

You and Members hereby agree to indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of Your or Member’s use of the DSI Site, breach of this Agreement, or violation of any law or the rights of a third party, or incurred by us as a result of default under this Agreement.

Resolution of Disputes.

If a dispute arises between You or Members and DSI, our goal is to provide You or Members with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You, Members and DSI agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as DSI and You or Members otherwise agree in writing. Before resorting to these alternatives, we strongly encourage You and Members to first contact us directly to seek a resolution by contacting us at [email protected] DSI will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions. You and Members agree that any Claim or dispute You or Members may have against DSI must be resolved by a court located in San Diego, California, except as otherwise selected by DSI as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Diego, California, for the purpose of litigating all such Claims or disputes.
  • Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief), DSI may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event DSI elects arbitration, DSI shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims. All Claims You or Members bring against DSI must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should You or Members file a Claim contrary to the Resolution of Disputes Section, DSI may recover attorneys’ fees and costs, provided that DSI has notified You in writing of the improperly filed Claim, and You have failed to promptly withdraw the Claim.

Notices.

Except as explicitly stated otherwise, notices should be sent to:

The Digital Storytellers, Inc.

222 12th Street

Del Mar, CA 92014

 

and notices to Members will be sent to the email address You provide to DSI during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

General.

By using the DSI Site and agreeing to the Terms of Use, You are also agreeing to abide by our Privacy Policy, and all other agreements and policies posted on the DSI Site. DSI reserves the right to refuse service to anyone and to terminate a Membership at any time. In its sole discretion, DSI may assign the Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect. DSI may rely on Your electronic signature to create a binding valid agreement and/or Membership. From time to time DSI may send facsimiles or emails regarding its products and services, or may call customers regarding DSI’s products and services, and You and Members hereby expressly consent to receiving such emails, facsimiles and telephone calls. See Privacy Policy for more information. The following Sections survive any termination of the Agreement: Release, Limitation on Liability, Indemnity, Resolution of Disputes, and Default and Remedies.