Terms of Service
DIGITAL MARKETING REPOSITORY (“DIGITAL MARKETING REPOSITORY”) offers membership services (the “Services”) allowing you to view video stream content from DIGITAL MARKETING REPOSITORY’s Website, DIGITAL MARKETING REPOSITORY App (available soon) or other DIGITAL MARKETING REPOSITORY approved third party App (the “App”) to which you may stream titles (“Content”) from either DIGITAL MARKETING REPOSITORY’s website located at WWW.DIGITAL MARKETING REPOSITORY or third party DIGITAL MARKETING REPOSITORY-compatible content delivery network (in each case, the “Site”), for viewing at your convenience.
The following Terms of Service (“Terms”) are between you and DIGITAL MARKETING REPOSITORY and constitute a legal agreement that governs your use of the Site, App and Services. You must agree to these Terms before you can use the Site, App and Services. In consideration for your right to access and use the Site, App and Services, you agree as follows:
In these terms, reference to “we”, “us”, “our” and “ours” refers to DIGITAL MARKETING REPOSITORY and reference to “users”, “account holders”, “you”, “your” and “yours” refers to the person registering with the Site to receive the Services as well as to any non-registered user of the Site and/or Services.
IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS AND CONDITIONS CAREFULLY.
1) Acceptance of Terms
In order to register to use the Site, App and Services, you are required to indicate your agreement to abide by these Terms through a click-through consent when this option is made available to you by us
- when you initially register for the Site, App and Services,
- upon the addition or modification of any,
- upon a change in your plan or
- when we modify these Terms. If you are a non-registered user of the Site and/or Services, then by your continued use of the Site and/or Services, you will be deemed to have accepted these Terms.
2) Modifications and Notices
DIGITAL MARKETING REPOSITORY may revise these Terms, at any time, by updating this posting. DIGITAL MARKETING REPOSITORY may give notice to you of such changes to these Terms by means of a notice the next time you visit the Site or by electronically notifying you of any changes or modifications. You must agree to these changes through a click through consent the next time you visit the Site before you can continue to use the Site, App or Services. Your continued use of the Site, App and Services after the effective date of any changes made constitutes your acceptance of these Terms, as so modified.
Accurate Registration. You must complete a registration form in order to use the Site and our Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form and will update the information to keep it current.
Accounts, Login and Security. You will be assigned an account and asked to choose your own password. You will be responsible for maintaining the security of your account and password and for all uses of the account, the Site, the App and our Services. At its sole discretion, DIGITAL MARKETING REPOSITORY reserves the right to refuse registration of accounts, or cancel any existing accounts, that it deems to be inappropriate. You agree to (a) immediately notify DIGITAL MARKETING REPOSITORY of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. DIGITAL MARKETING REPOSITORY will not be liable for any loss or damage arising from your failure to comply with this section.
4) DIGITAL MARKETING REPOSITORY Ad Version
There are currently two versions of DIGITAL MARKETING REPOSITORY. One version is a subscription-based versions (“DIGITAL MARKETING REPOSITORY Subscription Versions” which you pay for. The other version is a technical supported version (“DIGITAL MARKETING REPOSITORY Technical Version”), which is currently available for a limited time only and may end at any time without notice. These Terms apply to both versions of DIGITAL MARKETING REPOSITORY, unless otherwise indicated.
If you are already a user of DIGITAL MARKETING REPOSITORY Subscription Version, you may be transferred to DIGITAL MARKETING REPOSITORY Ad Version by contacting DIGITAL MARKETING REPOSITORY using any of the methods outlined in section 12.
If you are or will be a user of DIGITAL MARKETING REPOSITORY Technical Version, you may be transferred to DIGITAL MARKETING REPOSITORY Subscription Version by entering your payment information on the appropriate page of our Site.
In the event that you use DIGITAL MARKETING REPOSITORY Technical Version, the following terms and conditions shall apply to your use and viewing of DIGITAL MARKETING REPOSITORY Technical Version:
- you hereby acknowledge and agree on your own behalf and on behalf of anyone viewing DIGITAL MARKETING REPOSITORY webspace that is under your care as a parent or guardian, that advertisements will be displayed while you are viewing DIGITAL MARKETING REPOSITORY Technical Version;
- advertisements may be displayed at any time and in any form during your viewing of DIGITAL MARKETING REPOSITORY Technical Version, all in DIGITAL MARKETING REPOSITORY’s sole discretion;
- DIGITAL MARKETING REPOSITORY shall have no control over, and no liability for, the content in the advertisements displayed while you are viewing DIGITAL MARKETING REPOSITORY Technical Version;
- individuals under 18 years of age must be supervised by their respective parent or guardian, and may not apply for the DIGITAL MARKETING REPOSITORY Technical Version on their own.
- Content and Services features available in DIGITAL MARKETING REPOSITORY Technical Version may be different than Content and Services features available in DIGITAL MARKETING REPOSITORY Subscription Version, including, without limitation, availability of premium Content, or availability of any Content and Services on various platforms;
5) Content and Prohibitions
Content. DIGITAL MARKETING REPOSITORY takes no responsibility for Content (including, without limitation, any viruses or other disabling features), nor does DIGITAL MARKETING REPOSITORY have any obligation to monitor such Content. DIGITAL MARKETING REPOSITORY reserves the right at all times to remove or refuse to distribute any Content on the Site or as part of our Services, including, without limitation, any Content which violates the provisions of these Terms. All programming of Content, including the amount of Content, the size, type and length of Content, and all other matters relating to Content are at the sole discretion of DIGITAL MARKETING REPOSITORY and are subject to change by DIGITAL MARKETING REPOSITORY at any time in DIGITAL MARKETING REPOSITORY’s sole discretion, subject to any applicable law.
Prohibited Activities. DIGITAL MARKETING REPOSITORY may be used only for lawful or appropriate purposes. For example, you may not use the Site, App or Services to:
- undertake or accomplish any unlawful purpose;
- upload, post, publish, transmit, reproduce, resell, charge others for, create derivative works of, or distribute in any way, Content, without obtaining any required permission of the owner, including, without limitation, recording or capturing of Content to VCR, PVR, Hard Drive or any similar mechanism;
- violate the rules, regulations, terms of service, or policies applicable to any computer database, service, application, system, or website that you access or use;
- upload, post, publish, transmit, reproduce, create derivative works of, distribute in any way, monitor or collect obscene, offensive, threatening, abusive, hateful or inappropriate content, including without limitation, pornography, hate speech or other content deemed by DIGITAL MARKETING REPOSITORY, in its sole discretion, to be offensive;
- encourage conduct that would constitute a criminal offense or give rise to civil liability;
- cause technical disturbances to DIGITAL MARKETING REPOSITORY, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; or
- violate or solicit the violation of any applicable local, provincial, state, national or international law
6) Payment Terms
By starting your DIGITAL MARKETING REPOSITORY membership, you are expressly agreeing that we are authorized to charge you a non-recurring membership fee at the then current rate plus any applicable tax, and any other charges you may incur in connection with your use of the DIGITAL MARKETING REPOSITORY service, to the payment method (“Payment Method”) you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. Additional charges may include gift subscription purchases you make or service level changes you request. Please note that prices and charges are subject to change with notice to be provided on the Site and by e-mail to you.
The membership fees will be billed at the beginning of the paying portion of your membership for membership plan term thereafter, unless and until you cancel your membership. In all membership plans, changes in the amount of applicable sales tax, and other charges that may be applicable upon cancellation or termination of your membership, and you hereby authorize us to charge your Payment Method for such varying amounts.
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial. We may also periodically authorize your card in anticipation of membership fees or related charges. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED OR UNUSED PERIODS.
We also may, in our sole discretion, automatically convert you from a trial version of DIGITAL MARKETING REPOSITORY to DIGITAL MARKETING REPOSITORY Plan Version, in the event that you do not continue on to DIGITAL MARKETING REPOSITORY Subscription Version at the end of your trial.
At any time, and for any reason, we may provide a refund, discount, bonus or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and changing the information there. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Ongoing Membership. Your membership, which may start with a free trial portion, will not continue in effect unless and until you purchase a plan membership, cancel your membership or we terminate it.
7) Cancellation and Termination.
If you cancel your plan, your cancellation will take effect immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED CONTENT. After cancellation, you will no longer have access the Site, App or Services. If your credit card is invalid for any reason, your access to the Site, App and Services will be suspended until such time as we receive payment, unless we have not obtained payment within one (1) month, in which case we may terminate your access to the Site, App and Services.
You agree DIGITAL MARKETING REPOSITORY, in its sole discretion, may, without prior notice, immediately terminate your access to the Site, App and Services, and remove any and all related information, if DIGITAL MARKETING REPOSITORY believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or for any other reason. You agree that DIGITAL MARKETING REPOSITORY shall not be liable to you or any third-party for any termination of your access to the Site, App and Services. Plans that are terminated for cause will not be refunded
8) Limited License
Subject to the terms and conditions of these Terms, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Site, Services, App and Content as provided to you by us solely for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code in, the Site, App and Services, or the Content. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site, App and Services provided by DIGITAL MARKETING REPOSITORY, in the manner permitted by these Terms. DIGITAL MARKETING REPOSITORY shall have the right to determine, in its sole discretion, what constitutes an inappropriate or commercial use of the Site, App and Services or Content. Content must not be reproduced, republished, or disseminated in any manner or form without the prior written consent of DIGITAL MARKETING REPOSITORY or its licensors.
Certain words, phrases, names, designs or logos on the Site, including DIGITAL MARKETING REPOSITORY’s logo, may constitute trademarks, service marks, or trade names of DIGITAL MARKETING REPOSITORY or others. The display of such marks on the Site does not imply that you have been granted a license by DIGITAL MARKETING REPOSITORY or other entities with respect to them.
Our Services are “over the top” of your existing Internet service. You must have a persistent connection to the Internet in order to receive their Content. You are responsible for any communications charges incurred by accessing the Site, App and Services.
13) Your Equipment
You are responsible for obtaining and maintaining the equipment and services needed to access the Site, App and Services, all at your own cost. We shall not have and do not assume any responsibility for the condition, repair or quality of such equipment and services.
14) Technical Support
We will provide you with technical support from 9:00 a.m. to 5:00 p.m. Central Standard Time, Monday through Friday. You may access this technical support via telephone at (800) 697-0042 via e-mail at support@DIGITAL MARKETING REPOSITORY or through the Site.
15) No Warranty
Access to the Site, App, Services and Content are provided “as is” and without warranties of any kind either express or implied. By agreeing to these Terms, you acknowledge and agree that the use and viewing of Content is entirely at your own risk. DIGITAL MARKETING REPOSITORY makes no representation or warranties regarding the Site, App Services or Content, including, without limitation, that the Site, App Services or Content will be available at all times or that the Site or Content will be free from errors, viruses or other harmful components. DIGITAL MARKETING REPOSITORY is not responsible for any Content, or other information on or from the Site or any linked site that you may find offensive, undesirable or objectionable. To the fullest extent permissible pursuant to applicable law DIGITAL MARKETING REPOSITORY disclaims all warranties and conditions, express or implied, including, but not limited to, warranties and conditions regarding use of the Site, Services, App and Content, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied. DIGITAL MARKETING REPOSITORY is not liable for any warranty on third party, DIGITAL MARKETING REPOSITORY ready devices. Warranty is handled by their respective manufacturers.
16) Limitation Of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL DIGITAL MARKETING REPOSITORY, ITS OFFICERS OR DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER ARISING, CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE SITE, APP AND SERVICES OR CONTENT, OR THE ACTIONS OF THIRD PARTIES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT DIGITAL MARKETING REPOSITORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold DIGITAL MARKETING REPOSITORY, its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns harmless from any claim or demand (including without limitation, reasonable legal fees), made by any third party in connection with your use of the Site, App or Services.
18) International Matters
DIGITAL MARKETING REPOSITORY makes no representation that any of the Site, App or Services is appropriate or available for use in any particular location. Those who choose to access the Site, App or Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Last Revised: July 01, 2020
COPYRIGHT © 2020 DIGITAL MARKETING REPOSITORY. ALL RIGHTS RESERVED.