Terms of Service

Last updated on June 1, 2023

ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE AND SERVICE.

Welcome to the website for Devil May Care Media, LLC (MegynKelly.com, and their respective parent, subsidiary and affiliated companies, collectively, “DMCM”). DMCM maintains this site for your non-commercial, personal entertainment, information, education, and communication, and the following terms and conditions (these “Terms and Conditions”) govern your access to and use of this site, and any content, functionality, services and features made available from or through this site, including any subdomains in this site (collectively, the “Website”). This Website is made available by DMCM. These Terms and Conditions are entered into by and between you and DMCM. Please read these Terms and Conditions carefully before you start to use this Website. We may change these Terms and Conditions from time to time, at any time, without notice to you, by posting the Terms of Service as changed on this Website.

BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS , INCLUDING OUR PRIVACY POLICY, AS APPLIED TO YOUR USE OF THIS WEBSITE, WITHOUT LIMITATION, QUALIFICATION OR CHANGE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR OTHERWISE USE THIS WEBSITE.

You may not use this Website for any purpose that is unlawful or prohibited by these Terms of Service and any applicable additional terms and conditions set forth elsewhere in this Website. You agree to follow and comply with any applicable laws, rules and regulations in your use of this Website. Your access to this Website may be terminated immediately in DMCM’s sole discretion, with or without notice, if you fail to comply with any provisions of these Terms and Conditions or any applicable additional terms and conditions set forth elsewhere in this Website, or for any other reason, or no reason.

By using this Website, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age to enter into a binding contract in your jurisdiction of residence and that you have the capacity to do so; and (c) you own or have sufficient authorization to use the computer, mobile device, other device or technology you use to access this Website (collectively, your “Device”).

Some parts of this Website may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available that can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of this Website content.

ACCESSING THIS WEBSITE AND ACCOUNT SECURITY.

We reserve the right to withdraw or amend this Website, and any services and subdomains made available from or through this Website, in our sole and absolute discretion, with or without notice to you. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to this Website.
• Ensuring that all persons who access this Website through your internet connection are aware of these Terms of Service and comply with them.
• To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on this Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
• If you choose, or are provided with, a user name, password or any other identifying or security information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other identifying or security information. You agree to notify us immediately of any unauthorized access to or use of your user name, password, or other identifying or security information, or any other breach of security of which you become aware. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password or other identifying or security information.
  We have the right to disable any user name, password or other identifying or security information, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

PROPRIETARY RIGHTS.

This Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of this Website, and the compilation of the content, code, data and materials on this Website are owned by DMCM, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, database, moral, sui generis, trade secret and other intellectual property and proprietary rights. Your use of this Website does not grant to you ownership of any content, code, data or materials you may access on or through this Website.

LIMITED LICENSE.

These Terms and Conditions permit you to use this Website for your non-commercial, personal use only. You may access and view the content on this Website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on this Website, you may print or, if available, download one copy of a reasonable number of pages of this Website for your own non-commercial, personal use and not for further reproduction, publication or distribution.

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own non-commercial, personal use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

PROHIBITED USE.

Any commercial or promotional distribution, publishing or exploitation of this Website, or any content, code, data or materials on this Website, is strictly prohibited unless you have received the express prior written permission from authorized personnel of DMCM or the otherwise applicable rights holder. Other than as expressly allowed herein, you must not download, display, publish, copy, reproduce, distribute, transmit, modify, publicly perform, publicly display, store, broadcast, transfer, create derivative works from, license, enter into a database, or post by any means, method or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer, sell or otherwise exploit any content, code, data, or materials obtained from or through this Website, in whole or in part. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through this Website, including the alteration or removal of any trademarks, service marks, trade names, logos, watermarks or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted or otherwise protected material from or through this Website. If you make other use of this Website, or the content, code, data or materials thereon or available through this Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

YOU MUST NOT ACCESS OR USE FOR ANY COMMERCIAL PURPOSES THE WHOLE OR ANY PART OF THIS WEBSITE OR ANY CONTENT, FUNCTIONALITY, SERVICES, FEATURES, CODE, DATA, OR MATERIALS AVAILABLE THROUGH THIS WEBSITE.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Website in breach of the Terms and Conditions, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Website or any content on this Website is transferred to you, and all rights not expressly granted are reserved by DMCM. Any use of this Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

TRADEMARKS.

The trademarks, service marks, logos, product and service names, designs, slogans and trade names (collectively, the “Trademarks”) displayed on this Website or on content available through this Website are registered and unregistered Trademarks of DMCM or its affiliates or licensors and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by DMCM that appear on this Website or on or through this Website’s services, if any, are the property of their respective owners. Nothing contained on this Website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of DMCM or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on this Website or on or through any of this Website’s services is strictly prohibited.

COPYRIGHT INFRINGEMENT.

DMCM respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any content, code, data or materials (collectively, “Submitted Matter”) to this Website, you are granting DMCM permission to have that Submitted Matter posted on this Website, and you are representing that you are the rightful owner of the Submitted Matter, and that no one else may claim rights to that Submitted Matter. DMCM reserves the right to remove access to infringing Submitted Matter. Such actions will not affect or modify any other rights DMCM may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification of that belief (the “Notification”), in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows.

By mail:
129 West 29th
600N
New York, NY 10001
By Email:  email@devilmaycaremedia.com

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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 DMCM to locate the material.
4. Information reasonably sufficient to permit DMCM to contact the complaining party, such as an address, telephone number, and, if available, an email address.
5. 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.
6. 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.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS WEBSITE.

Any software that is made available to access, use, view and/or download in connection with this Website (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by DMCM, its licensors or other providers, and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to non-commercial, personal use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. DMCM accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

SUBMITTED MATERIALS.

Screenplays/Stories/Artwork. While we are always happy to hear from you, it is DMCM’s policy not to accept or consider creative ideas, suggestions or other materials (such ideas, suggestions or other materials, collectively, “Creative Materials”), other than those we specifically solicit. This is to avoid any misunderstandings if your Creative Materials are similar to those we have developed independently or have obtained from other persons. Therefore, we must request that you do not send to us any Creative Materials, such as screenplays, stories, artwork, audio recordings, videos, etc. Any communication or material you do transmit to this Website by email or otherwise will be treated as non-confidential and non-proprietary.
Other Information. Unless specifically solicited by us, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through this Website, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (for example, that which you submit or post to our chat rooms, message boards or blogs, or send to us via e-mail) (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary, and may be used by us in any manner consistent with this Website’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you,  that you own or control all rights in and to the Submitted Materials, and that any “moral rights” in Submitted Materials have been waived, (ii) all of your Submitted Materials do and will comply with these Terms and Conditions, and (iii) you grant DMCM a royalty-free and payment-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, transmit, disclose to third parties, incorporate in other works, and otherwise use any Submitted Materials (in whole or part) in any form, media or technology now known or later developed, for any purpose, including for promotional or commercial purposes.  No credit, approval or compensation is due to you for any such use of Submitted Materials you may submit or send. DMCM also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with Submitted Materials), city and state in connection with broadcast, print, online or other use or publication of your Submitted Materials. We cannot be responsible for maintaining any Submitted Materials that you submit or send to us, and we may delete or destroy any such Submitted Materials at any time.

You understand and acknowledge that you are responsible and liable for any Submitted Materials you submit or send to us, and you, not DMCM, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  Any violation of these provisions can subject your DMCM account to immediate termination and, possibly, further legal action.

If you are aware of any Submitted Materials on this Website that you believe violates these Terms and Conditions, please contact us at email@devilmaycaremedia.com. Please provide as much detail as possible, including a copy of the underlying Submitted Materials, the location where DMCM may find them, and the reason such Submitted Materials should be removed. Please note that filing a complaint will not guarantee removal, and that DMCM will only remove Submitted Materials if DMCM believes the measure is necessary, in our sole and absolute discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled “Copyright Infringement.”

RELIANCE ON INFORMATION POSTED

The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to this Website, or by anyone who may be informed of any of its contents.

This Website may include information and materials provided by third parties, including information and materials provided by other users, bloggers and third-party licensors, providers, syndicators, aggregators or reporting services. All statements or opinions expressed in any such information or materials, and all articles and responses to questions and other content, other than the content provided by DMCM, are solely the opinions and the responsibility of the person providing such information or materials. Such information or materials do not necessarily reflect the opinion or views of DMCM. We are not responsible, or liable to you or any third party, for the content or accuracy of any information or materials provided by any third parties.

PROHIBITED USER CONDUCT

You may use this Website only for lawful purposes and in accordance with these Terms and Conditions. You represent, warrant and agree that, while using this Website and the content, functionality, services and features offered on or through this Website, you will not: (a) impersonate or attempt to impersonate any person or misrepresent your affiliation with any person (including by using e-mail addresses or screen names); (b) insert, transmit or procure the sending of your own or a third party’s advertising, branding or other promotional content into any of this Website’s content, functionality, services or features (for example, in an RSS feed or a podcast received from DMCM or offered on or through this Website), including any “junk mail”, “chain letter”, “spam”, surveys or contests, or solicitation of  participation in any pyramid schemes or any other similar solicitation, or use, redistribute, republish or exploit such content, functionality services or features for any commercial or promotional purposes; (c) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact, personal or security information, or any other automatic means of obtaining lists of users or other information from or through this Website or the content, functionality, services or features offered on or through this Website, including any information residing on any server or database connected to this Website or offered on or through this Website; (ii) obtain or attempt to obtain unauthorized access to this Website, any related website, other accounts, computer systems, networks, information or materials or connected to this Website, through any means, or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website; (d) use this Website or the content, functionality, services or features made available on or through this Website in any manner with the intent to interrupt, damage, disable, overburden or impair this Website or such content, functionality, services or features, or interfere with other users’ Devices or  any other person’s use of this Website (including their ability to engage in real time activities through this Website), or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including sending mass unsolicited messages, “flooding” servers with requests or introducing any viruses, trojan horses, worms, logic bombs or other code, information or materials that are malicious or technologically harmful; (e) use this Website or this Website’s content, functionality, services or features in violation of DMCM or any third party’s intellectual property or other proprietary or legal rights; or (f) use this Website or this Website’s content, functionality, services or features in violation of any applicable federal, state, local or international laws, rules or regulations (including any laws, rules or regulations regarding the export of data or software to and from the U.S. or other countries). You further represent, warrant and agree that you will not: attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this Website or this Website’s content, functionality, services or features, make any unauthorized use thereof; use this Website in any manner that could damage, disable, overburden or impair this Website or interfere with any person’s use and enjoyment of this Website or any of its content, functionality, services or features, or which, as determined by us in our sole and absolute discretion, may harm DMCM or any other users of this Website or expose us or any of them to liability; obtain or attempt to obtain any information or materials through any means not intentionally made publicly available or provided for through this Website.

PUBLIC FORUMS.

DMCM may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other similar services or features available on or through this Website. In addition to any other rules or regulations that we may post in connection with a particular service or feature, you agree that you will not upload, post, transmit, distribute or otherwise publish through this Website or any service or feature made available on or through this Website, any information or materials that:

1. restrict or inhibit any other user from using and enjoying this Website or this Website’s content, functionality, services or features,
2. are fraudulent, unlawful, harmful, threatening, abusive, hateful, harassing, libelous, defamatory, profane, insulting, indecent, inflammatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or otherwise objectionable.
3. promote, deliver or provide links to sexually explicit or pornographic material.
4. promote, deliver or provide links to, any postings containing material that harasses, victimizes, degrades, intimidates or discriminates against any person or group of people on the basis of religion, race, ethnicity, nationality, sexual orientation, gender, age, or disability.
5. promote, deliver, or provide links to, any postings containing defamatory, false or libelous material.
6. cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
7. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, rule or regulation, violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy,
8. promote any illegal activity, or advocate, promote or assist any unlawful act.
9. violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, intellectual property, rights of privacy or publicity or any other proprietary right,
10. deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
11. contain a virus, spyware or other malicious or technologically harmful component.
12. contain embedded links, chain letters, pyramid schemes or similar material of any kind.
13. be likely to deceive any person.
14. give the impression that they emanate from or are endorsed by us or any other person, if that is not the case.
15. involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
16. deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
17. manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
18. constitute or contain false or misleading indications of origin, endorsements or statements of fact.

You further agree not to impersonate any other person, whether actual or fictitious, including anyone from DMCM. You also may not offer to buy, sell or provide any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities. Submitted Materials must in their entirety comply with all applicable federal, state, local and international laws, rules and regulations.

RIGHT TO MONITOR AND EDITORIAL CONTROL

DMCM reserves the right, but does not have an obligation, to monitor, prescreen, review or edit all information and materials posted to this Website or through this Website’s functionality, services or features by users, and DMCM is not responsible for any such information or materials posted by users. However, DMCM reserves the right at all times to disclose any information or materials as necessary to satisfy any law, rule, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason or no reason, with or without notice, that in DMCM’s sole and absolute discretion are objectionable or in violation of this Terms and Conditions, DMCM’s policies or applicable law, rule or regulation. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this section, these Terms and Conditions or applicable law, rule or regulation, or for any other reason or no reason, with or without notice or liability or obligation of any kind. DMCM is not responsible or liable for damages of any kind arising from any Submitted Materials even when DMCM is advised of the possibility of such damages, or from DMCM’s alteration, editing or deletion of any Submitted Materials.

We also have the right to:

• Delete or refuse to post any Submitted Materials for any or no reason in our sole and absolute discretion.
• Take any action with respect to any Submitted Materials that we deem necessary or appropriate in our sole and absolute discretion, including if we believe that such Submitted Materials violates these Terms and Conditions, infringes any intellectual property right or other right of any person, threatens the personal safety of users of this Website or the public or could create any liability or obligation for DMCM.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including referral to law enforcement authorities, for any illegal or unauthorized use of this Website.
• Terminate or suspend your access to all or part of this Website for any or no reason, including any violation of these Terms and Conditions or applicable law, rules or regulations.

Without limiting the generality of the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any information or materials on or through this Website. YOU WAIVE AND HOLD HARMLESS THE FIRST AND ITS LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS, LIABILITIES, LEGAL PROCEEDINGS AND EXPENSES (INCLUDING ATTORNEYS FEES) RESULTING FROM ANY ACTION TAKEN BY THE FIRST OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS DURING OR AS A RESULT OF ANY SUCH INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE FIRST, ANY OF ITS SERVICE PROVIDERS OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review any material before it is posted on this Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS.

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on this Website and elsewhere on the Internet, which are likely to be accessible for a long time, and that you have no control over who may read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, that you not disclose sensitive, embarrassing, proprietary, secret or confidential information in your comments to our public forums.

LINKING TO THIS WEBSITE AND SOCIAL MEDIA FEATURES

You agree that if you include a link from any other website to this Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on this Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on this Website on another website, for any purpose, including posting such images on another website. You agree not to link from any other website to this Website in any manner such that this Website, or any page of this Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under these Terms and Conditions and applicable law, rules and regulations to insist that any link to this Website be discontinued, and to revoke any right we may grant you to link to this Website from any other website at any time upon written notice to you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We may disable any social media features and any links at any time with or without notice, in our sole and absolute discretion.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless DMCM and its licensors and service providers, and its and their respective officers, directors, employees, contractors, suppliers, owners, agents, information providers, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees)  arising out of or relating to your violation of these Terms and Conditions or your use of this Website, including Submitted Materials you submit or send through this Website, any use of this Website’s content, functionality, services and features other than as expressly authorized in these Terms and Conditions or your use of any information obtained from this Website. DMCM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DMCM’s defense of such claim.  You agree to cooperate fully with DMCM in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

ORDERS FOR PRODUCTS AND SERVICES

We may make certain products and services available to users of this Website. If you order any such products or services, you hereby represent, warrant and agree that: you are 18 years old or older; you will pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to DMCM; you will pay any applicable taxes; if payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products or services that you purchase or download on or through this Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.
This Website may enable you to order and receive products and services from businesses that are not owned or operated by DMCM. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the products or services ordered or received from such businesses are solely between you and such businesses. DMCM does not endorse, represent, warrant, or guarantee any such products or services, and is not liable for the accuracy, completeness, or usefulness of any information included with, or the quality of availability of, such products or services. DMCM will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products or services, or for ensuring the confidentiality of your credit card/debit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for any DMCM products or services.

THIRD PARTY WEBSITES

You may be able to link from this Website to third party websites and third party websites may link to this Website (collectively, “Linked Sites”). These Linked Sites are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge and agree that we have no responsibility for or control over the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such third-party websites on this Website does not constitute or imply DMCM’s endorsement, sponsorship, or recommendation of any such website or of the content, products or services contained on, or available through, such website. DMCM disclaims any liability or obligation for links (1) from another website to this Website and (2) to another website from this Website. DMCM cannot guarantee the standards of any website to which links are provided on this Website nor shall DMCM be held responsible for the safety, quality, accuracy, reliability, timeliness, completeness, integrity or legality of the contents of such websites, or any subsequent links. DMCM does not represent or warrant that the content of any Linked Site is accurate, compliant with federal, state, local or international law, rule or regulation, or compliant with copyright or other intellectual property laws. Also, DMCM is not responsible for, or any form of, transmission received from any Linked Site. Any reliance on the contents of any Linked Site is done at your own risk and subject to the terms and conditions of any such Linked Site, and you assume all responsibilities and consequences resulting from such reliance.

DISCLAIMER OF WARRANTIES

YOUR USE OF, AND RELIANCE ON ANY INFORMATION OR MATERIALS OBTAINED FROM, THIS WEBSITE, OR ITS CONTENT, FUNCTIONALITY, SERVICES AND FEATURES, IS AT YOUR OWN RISK. THIS WEBSITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, PRODUCTS, INFORMATION, FUNCTIONS, FEATURES AND MATERIALS PROVIDED THROUGH THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FIRST NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS OR ANY OTHER PERSON ASSOCIATED  WITH ANY OF THE FOREGOING, MAKES ANY REPRESENTATION OR WARRANTY< EXPRESS OR IMPLIED, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, OR CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION OR MATERIALS, AND ANY REPRESENTATIONS OR WARRANTIES AS TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH REPRESENTATIONS AND  WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE CONTENT, FUNCTIONALITY, SERVICES, FEATURES, CODE< INFORMATION OR MATERIALS PROVIDED THROUGH THIS WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THIS WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET USERS’ REQUIREMENTS, NEEDS OR EXPECTATIONS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE WILL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN. THE FIRST ALSO ASSUMES NO RESPONSIBILITY, AND IS NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER MALICIOUS OR TECHNOLOGICALLY HARMFUL ITEMS THAT MAY INFECT YOUR DEVICES ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THIS WEBSITE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER MALICIOUS OR TECHNOLOGICALLY HARMFUL CODE OR MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY CONTENT, FUNCTIONALITY, SERVICES OR FEATURES AVAILABLE THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THIS WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR NOTICE OR OTHER WARNING. THE FIRST NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THIS WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE (INCLUDING OTHER USERS), OTHER THAN AUTHORIZED THE FIRST EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE. THE FIRST HAS NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED ON THIS WEBSITE. NOTHING CONTAINED IN THIS WEBSITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. THE FIRST IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OR SERVICE OVER ANOTHER. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE FIRST AND ITS LICENSORS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL REPRESENTATIONS AND WARRANTIES THAT MAY BE MADE IN ANY PRODUCT OR SERVICE LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, OR OTHERWISE ON THIS WEBSITE OR IN CORRESPONDENCE WITH THE FIRST OR ITS LICENSORS OR SERVICE PROVIDERS OR ANY OF ITS OR THEIR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE ARE PROVIDED BY THE FIRST “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE FIRST OR ITS LICENSOR OR SUPPLIER.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, RULE OR REGULATION.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING IN THE CASE OF  NEGLIGENCE, WILL THE FIRST, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, A LICENSORS, CONTENT OR SERVICE PROVIDERS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THIS WEBSITE AND ITS CONTENT (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY OF ITS CONTENT, FUNCTIONALITY, SERVICES OR FEATURES, ANY WEBSITE LINKED TO IT, YOUR PROVISION OF INFORMATION VIA THIS WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS IN SUCH JURISDICTIONS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THIS WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO THE FIRST FOR YOUR USE OF THIS WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES VIA THIS WEBSITE.

PHOTOSENSITIVE SEIZURES

A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic or online content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using this Website and consult a doctor.

APPLICABLE LAW

We control and operate this Website from our offices in the State of New York in the United States of America. We provide this Website for use only by persons in the United States.  We do not represent that anything on this Website is appropriate or available outside of the United States. Access to this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States you do so on your own initiative, and are responsible for compliance with any applicable laws, rules and regulations of the jurisdiction in which you are located.  All parties to these Terms and Conditions waive their respective rights to a trial by jury.

The United States controls the export of any software downloadable from this Website. No software or any other materials, products or services available through this Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. By using this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person to which such export is prohibited.

TERMINATION OR MODIFICATION BY THE FIRST

DMCM may terminate, change, suspend or discontinue any aspect of this Website or this Website’s services at any time, with or without notice, and for any or no reason. DMCM may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date, and DMCM is under no obligation to update any such content. DMCM may restrict, suspend or terminate your access to this Website or its content, functionality, services or features if we believe you are in breach of these Terms and Conditions or applicable law, rule or regulation, or for any other reason or no reason, without notice or liability. DMCM maintains a policy that provides for the termination in appropriate circumstances of this Website use privileges of users who are repeat infringers of intellectual property rights.

DMCM reserves the right, in its sole and absolute discretion, to modify, suspend this Website or any portion of this Website, including your account, password, or use of this Website, at any time for any reason or for no reason, and with or without notice to you.

Termination of your account removes your authorization to use this Website. In the event of termination, you will still be bound by your obligations under these Terms and Conditions, including the representations, warranties and agreements made by you, and by the disclaimers and limitations of liability.

CHANGES TO THESE TERMS AND CONDITIONS.

DMCM reserves the right, in its sole and absolute discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time for any or no reason, and with or without notice to you. Changes in these Terms and Conditions will be effective immediately when posted.  However, any changes to the dispute resolution provisions set forth in the Miscellaneous section will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on this Website. Your continued use of this Website or the content, functionality, services or features made available on or through this Website after any changes to these Terms and Conditions are posted will be considered acceptance and agreement of those changes, without limitation, qualification or change.

You are expected to check these Terms and Conditions each time you access this Website so you are aware of any changes, as they are binding on you.

MISCELLANEOUS.

All matters relating to this Website or these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), and the relationship between you and us (and any of our licensors or service providers), will be governed by and construed in accordance with the internal laws of the State of California, United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). You agree that any cause of action regarding any such claim or dispute that may arise with respect to this Website or under these Terms and Conditions shall be commenced and be heard in the appropriate court in the State of California, County of Los Angeles, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County in the State of California, and waive any objections to the exercise of such jurisdiction over you and to venue in such courts. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. However, we reserve the right, in our sole and absolute discretion, to bring any cause of action in your country of residence or in any other location in which jurisdiction over you or your property or assets may be asserted.

LIMITATION OF TIME TO BRING CAUSES OF ACTION

ANY  CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO ANY CLAIM OR DISPUTE WITH RESPECT TO THESE TERMS AND CONDITIONS OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION, AND SUCH CLAIM OR DISPUTE, IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY

No waiver of by DMCM of any term or condition set forth in these Terms and Conditions will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DMCM to assert a right or provision under these Terms and Conditions will not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remainder of such provision and the other provisions of these Terms and Conditions will continue in full force and effect.

ENTIRE AGREEMENT

The Terms and Conditions, including our Privacy Policy and any other policy of ours referenced in these Terms and Conditions, constitute the sole and entire agreement between you and DMCM, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, whether written or oral, with respect to this Website.

INTERPRETATION

Wherever used in these Terms and Conditions, the following terms have the following meanings and interpretations, unless the context requires otherwise:  “include”, “including” or any other variation of that word, and “for example” or “such as”, will each be deemed to be followed by the phrase:  “, without limitation,”; “and” and “or” will each be deemed to mean “and/or”; and “person” will be deemed to mean any natural person and any entity.

YOUR COMMENTS AND CONCERNS

This Website is operated by Devil May Care Media, LLC, 129 West 29th, 600N, New York, NY 10001.

All other feedback, comments, requests for technical support and other communications relating to this Website should be directed to: email@devilmaycaremedia.com.