1DS MEDIA TERM OF USE
Effective and last revised on August 24, 2021
Welcome to the 1DSMedia.com sites and related platforms/applications, which are owned and operated by 1DS Media LLC (“1DS”) and its affiliates.
This terms and conditions and this End-User License Agreement (including any supplemental terms, as applicable) ("EULA" or “Agreement”) governs your use and access of the 1DS website https://www. 1DSMedia.com / https://www.1DSMedia.com (the "1DS Site" or "Site" (or collectively “Site(s)”), and 1DS’s mobile and any platform applications, if any (collectively “Applications”). The Site and Applications are made available by and you are entering into this EULA with 1DS. The Site and Applications, and content made available therein are also referred to herein as the "1DS Service" or "Service". Any Service purchased or utilized hereunder is from 1DS or third party authorized platforms or vendors . By registering, using or by accessing or using the 1DS Service in any way, you accept this Agreement, including any associated policies (including our privacy polices and any code of conduct policies).
“You”. “user” or “User” means any person using the Services to receive content, Services or other information.
Prior to using the Service, it is important for you to know and understand that by accessing and/or using the Service through any means, you are agreeing to accept certain liability limitations, which we further explain throughout this Agreement. In other words, your use of the 1DS Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your access and use of the Service. If you have any questions or concerns regarding the terms or conditions herein, please email us at email@example.com.
We may amend this Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message or an email to the email address provided at registration or via information provided to us by you, which notifies you of such changes, shall constitute reasonable means. Your continued use of the Applications, Site or Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue your access to and use of the Service.
By using the Service, you consent to receiving this Agreement in electronic form.
Notice to consumers: depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
2. Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Sites, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse one or more of our Sites) or you are a "Registered User" (which means that you have registered to use the Sites and have subscribed to use one or more of the Services or granted us rights in other manners). If you do not accept the terms of this Agreement, you are not permitted to use the Sites and/or subscribe to the Services, and you are obliged to exit all of the Sites and discontinue any and all use of the Sites and the Services immediately.
3. Your Representations and Warranties. 1DS makes no representation that content or materials in the Site are appropriate or available for use in jurisdictions outside the United States. Access to the Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Site or Service from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. 1DS is not responsible for any violation of law. You agree that the Site, the Service, any related agreement and these Terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where 1DS maintains your User Account, or, if 1DS transfers your account to another location, where 1DS currently maintains your account. The Site shall be deemed a passive website and service that does not give rise to personal jurisdiction over 1DS, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where 1DS maintains your user account, or, if 1DS transfers your account to another location, where 1DS currently maintains your account. As noted hereunder, you further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
4. Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Sites or Applications. By accessing and/or using any of our Sites after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Sites for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Sites and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Sites and/or the Services will be subject to this Agreement.
5. Age Requirements for Access and Use of the Services. By accessing and using the Service, you acknowledge and agree that you are representing to us that you are over the age of 13, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Sites and the Services are not available to users under the age of 13 and are void where prohibited by applicable law. Users between the ages of 13 and 18 must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms. Should user’s parent or legal guardian not acknowledge and agree to these Terms, the user must immediately uninstall this Application and discontinue its use.
6. Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Sites, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites or Applications or associated social media accounts (the "Registration Data"), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Sites and the Services (or any portion thereof). We have the right to sell or transfer said Registration Data.
10. Security Components. You acknowledge and agree that the Sites and the Services, and the software embodied within the Sites and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by 1DS and/or content providers who provide content to 1DS. You may not attempt to override or circumvent any such security components and usage rules embedded in the Sites and the Services.
11a. Content. The content available at the Sites and the Services generally consists of (a) content owned by 1DS, including but not limited to the trademarks, trade dress and “look and feel” of the Sites and content created and/or acquired and owned by 1DS (“1DS Content”), (b) content owned by third parties and licensed to 1DS for specified uses on the Sites and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Sites and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are also collectively referred to as “Site Content.”
11b. Geographic Limitations. Due to certain licensing restrictions placed on our titles, some content may not be available in your geographic location, and therefore, cannot be viewed. If at any time you feel this inhibits your experience upon purchasing a 1DS subscription, please contact our customer service department and we will work with you in order to remedy the situation. You can reach customer service by email at firstname.lastname@example.org
12. Ownership of Content. 1DS does not claim ownership rights in any User Content that you post on the Sites or otherwise make available through the Services. Subject to the non-exclusive license contained in Section 13 below (“License to Your Content”) or your agreement otherwise, as between 1DS and you, you will retain all intellectual property rights that you may have in any User Content that originates with you, subject to the rights or 1DS or others to exploit the same.
13. License to Your Content. In order to be able to offer you the use of our Sites and the Services pursuant to this Agreement, you are required to grant a license to 1DS to use and distribute your User Content. This enables us to permit other Visitors and Registered Users to view and share your User Content, and to display your User Content in other places within the Sites. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any User Content on or through our Sites or the Services, you hereby grant to 1DS a non-exclusive (meaning you can license the User Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Sites and/or the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your User Content to create commercial products such as books. For purposes of this section, “commercial products” does not include use on the Sites and the Services and/or the advertising, publicity, promotional and marketing materials for the Sites and the Services in any and all formats and media now known or hereafter invented. If you wish to remove any User Content from the Sites and/or the Services, the decision will be made by 1DS alone in its sole and absolute discretion, and our decision may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us at email@example.com to request the removal of certain User Content you have posted, but 1DS (i)has no obligation to remove any such User Content, (ii)may choose whether or not to do so in its sole discretion, and (iii)makes no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a back-up or residual copy of any User Content posted by you may remain on 1DS’s servers after the User Content appears to have been removed from the Sites and/or the Services, and 1DS retains all rights granted in this section to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all User Content posted by you on or through our Sites or the Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Sites and/or the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party. This right will also supplement any other agreement to use your content by us or our designees.
14. Prohibited Conduct. The Sites and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments, and communications with 1DS staff and other Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Sites and/or the Service to post or other transmit User Content that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
solicits personal information from anyone under the age of eighteen (18);
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
contains a virus or other harmful component.
15. Responsibility for User Content. You, and not 1DS, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Sites and/or the Services. 1DS does not control the User Content posted via the Sites and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that, by using the Sites and the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will 1DS be liable in any way for any User Content, including, but not limited to, any errors or omissions in any user Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Sites and/or the Services.
16. Rejection and/or Removal of User Content. You acknowledge and agree that 1DS may or may not pre-screen User Content posted on our Sites, but that 1DS shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is available via the Sites and/or the Services, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is not appropriate for the Sites and/or the Services, or for no reason. Without limiting the foregoing, and by way of example only, 1DS shall have the absolute right to remove from the Sites and/or the Services any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of 1DS, or to restrict, suspend, or terminate your access to all or any part of the Sites and/or the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Sites and/or the Services by any person, please contact 1DS by email at firstname.lastname@example.org
17. Limited License. 1DS hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the 1DS Content and the Third-Party Content located on or available through our Sites or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Sites and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by 1DS as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever.
18. Examples of Limitations on Use. Any non-commercial reuse of any portion of the Site Content by a Registered User that falls within what is allowed as “Fair Use” under the United States copyright and trademark law is permitted. In addition to the limitations set forth in Section 17 above (“Limited License”), and by way of example only, no commercial storage, use, reproduction or transmission of any Site Content is permitted under any circumstances. The Sites and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorized representative of 1DS. Unauthorized framing of or linking to any of our Sites is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation may be removed by 1DS from the Sites and the Services without notice and may result in termination of registration and subscription and denial of access to and use of the Sites and the Services.
19. Reservation of Rights. 1DS Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. 1DS and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.
You acknowledge that the 1DS Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All 1DS-generated content and content developed for 1DS by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, 1DS owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the 1DS Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The 1DS name, logos and affiliated applications and technologies are the exclusive property of 1DS, Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
1DS owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of 1DS or, if such property is not owned by 1DS, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
21. International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Sites and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
23. Take-Down Notices Under the DMCA. 1DS will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following designated agent for 1DS:
Full Address of Designated Agent to Which Notification to 1DS Should Be Sent:
1DS Media LLC
14857 Seminole Trail
Seminole, FL. 33776
Email of Designated Agent: email@example.com
24. Term and Termination. This Agreement begins on the date you first use the 1DS Service and continues as long as you have an account with us. This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Sites or until terminated by 1DS or by you. You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at firstname.lastname@example.org but any such termination and cancellation will be effective only after 1DS has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with 1DS. 1DS reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Sites and Services at any time, with or without notice to you, with or without cause, and without liability to you. 1DS shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If 1DS elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if 1DS elects to do so without cause, then 1DS will refund any unused portion of a pre-paid subscription.The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: __________________.
Upon suspension or termination, 1DS shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.
25. Disclaimer of Warranties. You acknowledge and agree that the Sites and the Services are offered without warranties of any kind whatsoever by 1DS and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.
(a) Your use of the Sites and the Services is at your sole risk. The Sites and the Services are provided on an “as is” and “as available” basis. 1DS and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “1DS-Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third party websites with which they are linked.
(b) The 1DS-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Sites and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Sites and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Sites and/or the Services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the Sites and/or the Services, and/or if you use any product or service that you receive or learn about through the Sites and/or the Services, you agree that you do so voluntarily, and at your own risk, and you agree to release and discharge the 1DS-Related Parties 1DS from any and all claims or causes of action, known or unknown, arising out of the foregoing.
(c) The 1DS-Related Parties make no warranty that the Sites or the Services, the Site Content, and/or the information, products and services available through the Sites or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Sites or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.
(d) You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the 1DS-Related Parties make no warranties regarding the foregoing.
(e) Any material downloaded or otherwise obtained through the use of our Sites or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
26. Waiver of Claims. You hereby waive, release and discharge the 1DS-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
27. Limitation of Liability. To the fullest extent permitted by applicable laws, the 1DS-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Sites and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Sites and/or the Services, even if any of the 1DS-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the 1DS-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to 1DS for the Services.
AS NOTED HEREIN NEITHER WALK-INS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS ASSUME ANY LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL WALK-INS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SITE MATERIALS, THE SERVICES OR ANY USER CONTENT;
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY; AND/OR
ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY 1DS OR OUR USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL WALK-INS’ AGGREGATE LIABILITY EXCEED $100.00. THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR LIABILITY ARISING OUT OF WALK-INS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS OR ANY APPLICABLE SUBSCRIPTION AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO WALK-INS DURING THE SIX (6) MONTHS PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION).EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN YOU AND 1DS. THIS ALLOCATION IS REFLECTED IN PRICING OFFERED BY 1DS TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WALK-INS. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Except for actions for nonpayment or breach of proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either you or 1DS more than one (1) year after the cause of action has accrued.
28. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by 1DS. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
29. Indemnity. You agree to and shall indemnify, defend, and hold harmless the 1DS-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. 1DS will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
30. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions ("Additional Terms") in order to participate in certain promotions or activities available through our Sites, to obtain certain premium Site Content through our Sites, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of our Sites or on the portions of our Sites that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
31. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Sites and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Sites and/or the Services.
33. Choice of Law and Forum. This Agreement and the relationship between you and 1DS shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and 1DS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Reno, Nevada.
34. No Waiver. The failure of 1DS to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
35. Statute of Limitations. You acknowledge and 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 the Sites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
36. Relationship of the Parties. You and 1DS acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.
37. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that 1DS is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
38. Contact; Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at email@example.com, or by mail at 1DS Media LLC at 14857 Seminole Trail, Seminole, FL 33776. Except as otherwise specified elsewhere in this Agreement, notices to 1DS may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from 1DS.
39. Apple App Store. By accessing the Service through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
This EULA is between 1DS and you; Apple is not a party to this EULA.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-
transferable right to install the mobile applications on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
Apple is not responsible for the mobile applications or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the mobile applications.
In the event of any failure of the any mobile application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to any Application.
Apple is not responsible for addressing any claims by you or a third party relating to any Application or your possession or use of an Application, including without limitation (a) product liability claims; (b) any claim that an Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that an Application or your possession and use of an Application infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.
1DS expressly authorizes use of the mobile apps by multiple users through the family sharing or any similar functionality provided by Apple.
(Including Children’s Online Privacy Protection Policy and “Your Privacy Rights” for California Residents Effective and last revised on August 24, 2021.
3. Information Collected By the Sites. We collect two types of information from users of the Sites: personal information described below; and non-personal information such as information about traffic patterns on the Sites.
4. Personal Information. To access certain portions of the Sites, including the portions where the Services are offered, you may need to provide certain personal information such your, address, email address and agreeing to certain releases via a signed release form. We may then (at our option) ask for additional information, including personally identifiable and non-personally identifiable information. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Sites as a Visitor.
5. How We Use Your Personal Information. We use the information collected on the Sites for a variety of purposes, including, but not limited to, running the Sites and the Services and contacting users or exploiting your content . The Sites and the Services may also make available to other users via information provided by you during registration, such as your screen name. We may use your information to communicate back to you, to update you on products, services and benefits, to personalize the Sites for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. We will always give you the opportunity to opt out of receiving such materials. You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in the Section 9 below (“Opt Out Procedures”) or by clicking on the "unsubscribe" link in every e-mail from 1DS. In addition, you can modify your information or change your preferences, as set forth in Section 10 below (“Reviewing or Changing Your Information”). Information obtained through the Sites and/or the Services may be intermingled with and used in conjunction with information obtained through sources other than our Sites, including both offline and online sources.
To summarize how 1DS Uses Your Personal Information
To identify you when you visit our Site
To fulfill your requests, such as to provide you with products and services or process related transactions
To communicate with you about your interaction with the Site.
To conduct research and analytics, including improving our services and product offerings.
To send marketing and advertising communications.
To detect security incidents, and to investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate or violate our policies, procedures, and terms and conditions.
To comply with legal obligations, to establish or exercise our rights, and to defend against a legal claim.
To provide and maintain the functionality of our Site
To support core business functions
Although the sections above describe our primary purposes in collecting your personal information, in many situations we have more than one purpose.
6. Discussions and Community Tools. The Sites and the Services may make chat rooms, forums, bulletin boards, news groups and other community tools available to Registered Users and/or Visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for 1DS to use. Please do not disclose any personally identifiable information, including without limitation your full name or e-mail address, in these publicly accessible areas of the Sites or the Services. Please be considerate and respectful of others while using any chat rooms, forums or message boards to share your opinion.
7. Non-Personal Data. In some cases, we may collect non-personal information. Examples of these types of information include the type of Internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our Site. We use your information on an aggregated basis to do such things as operate our Sites, enhance our Sites and sell and deliver advertising.
1DS utilizes Google Analytics for aggregated, anonymized website traffic analysis. In order to track your 1DS session usage, 1DS places a Google Analytics cookie with a randomly-generated ClientID in your browser. This ID is anonymized and contains no identifiable information such as email, phone number, name, etc. 1DS uses Google Analytics to track aggregated website behavior, such as what pages you looked at, for how long, etc. This information is important for improving the 1DS user experience and determining 1DS's site effectiveness. If you wish to remove Google Analytics from your site experience, you can install the Google Analytics Opt-Out Browser Add-On.
9. Opt Out Procedures. You have the option to opt out of receiving information from 1DS, the Sites and the Services. This opt out messaging will appear at the bottom of every promotional email that is sent out. If you no longer wish to take advantage of the Sites or the Services or receive any form of direct contact from 1DS, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: hello@1DSMedia.com.
10. Reviewing or Changing Your Information. In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and click the “My Account” link on the various Sites or email us at hello@1DSMedia.com
12. Security. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, notify us at once at hello@1DSMedia.com.
13. Children’s Online Privacy Protection Policy. The Sites and the Services are not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Sites or the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by 1DS, please contact us immediately at hello@1DSMedia.com so that we may appropriate steps to remove such information from our database.
14. Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
15. Your Consent. By using the Sites and/or the Services, and by providing your personal information to us, you also authorize the storage, use and export of your personal information as specified herein.
Your Privacy Rights (California Residents)
Online Privacy Protection Policy for California Residents
(“Shine the Light” Law)
Effective as of January 1, 2005, California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.
If you are a California resident and you provided personal information to 1DS through a website in the past, and/or if you do so in the future, you are entitled to submit a request in writing to 1DS for a description of the information we may have provided to third parties. To submit your written request, please send it to firstname.lastname@example.org and put the following words in the subject line of the email: “California Privacy Request.”
Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.
We reserve our right not to respond to requests sent more than once in a calendar year.
Please note that the California “Shine the Light” law does not cover all aspects of on-line information sharing, and our policy relates only to information covered by the law.
Anti Spam Policy
1DS is 100% against spam and unsolicited emails and maintain CANSPAM compliance. We do not sell or provide email addresses to any unauthorized third party and do not authorize any third party or affiliate to misuse products or services created by or associated with 1DS in spam or bulk emails. If you feel you have received any unwanted emails from us, please contact us immediately and we will look into the matter.
1DS prohibits the use of their website and/or services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (Spam). You may not use any 1DS services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers or vendors of 1DS.
In compliance with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress), e-mail sent, or caused to be sent, to or through the 1DS website or service or on behalf of 1DS may not:
use or contain false, misleading, invalid or forged headers
use deceptive or misleading subject lines
use or contain invalid or non-existent domain names;
employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
use other means of deceptive addressing;
use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
contain false or misleading information in the subject line or otherwise contain false or misleading content;
fail to comply with additional technical standards described below;
1DS does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. 1DS does not permit or authorize others to use the 1DS services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses. 1DS does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party is use and enjoyment of any 1DS service.
If 1DS believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. 1DS may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the 1DS website and/or services. Failure to enforce this policy in every instance does not amount to a waiver of 1DS’s rights.
Unauthorized use of any 1DS services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
Violators of the CAN SPAM Act may be subject to cease and desist orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.
Do not Track
As note above, we have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. All information you provide to us through your use of the services will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.