Video Production Terms of Service
1. ACCEPTANCE OF TERMS Done in Sixty Seconds (“DISS”) provides its service to you subject to the following Terms and Conditions ("TERMS"), which may be updated by DISS from time to time without notice to you. You should read the TERMS from time to time to ensure that you are happy with any changes. You can review the most current version of the TERMS at any time at: https://videosforwebsite.com/terms-of-service.
When using particular DISS owned or operated services, you and DISS shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TERMS. DISS may also offer other services that are governed by different terms and conditions.
2. SERVICE PROVIDED
DISS provides users with access to a varied collection of resources, including various communications and multimedia creation tools, as well as personalized content through its network of properties which may be accessed through any various medium or device now known or hereafter developed for the purpose of creating videos to be viewed through the Internet (the "Service").
You understand and agree that the Service may include certain communications from DISS, such as service announcements, administrative messages and your personal DISS profile updates, and that these communications are considered part of DISS membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new DISS properties, shall be subject to the TERMS.
You understand and agree that the Service is provided "AS-IS" and that DISS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You understand and agree that DISS has the right to substitute similar services or content to aid in the delivery of the Service if the requested service or content is not available at the time of purchase. DISS agrees to notify the user if a substitution is required to deliver the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current, incomplete, or DISS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DISS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DISS is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service are responsible for supervision of that access. When you register a DISS account for your child or allow your child to register his or her own DISS account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children accessing the site. By allowing access to your child, you also give your child permission to access many areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 5 below) are appropriate for your child.
5. MEMBER CONDUCT
You understand that all data, text, graphics, photographs, raw video footage, and any other information ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not DISS, are entirely responsible for all Content that you upload and make available via the Service. DISS does not control the Content uploaded to the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will DISS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.
You acknowledge that DISS may or may not pre-screen Content. You also acknowledge that DISS and its designees shall have the right (but not the obligation) to pre-screen, refuse, or move any Content that is available via the Service, and that exercising this right is within the sole discretion of DISS and its designees. Without limiting the foregoing, DISS and its designees shall have the right to remove any Content that violates the TERMS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the usefulness of such Content.
You acknowledge, consent and agree that DISS may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of DISS, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DISS and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You agree to not use the Service to:
a. upload, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a DISS official, administrator, or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal or unethical solicitation;
h. upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m, above.
6. YOUR REPRESENTATIONS AND WARRANTIES
In certain instances, you may be able to submit content (e.g., photos) (“Materials”), to be included in the Video(s). You hereby also permit DISS to retrieve photos from your website to be included in the Video(s) and such photos shall also be considered your Materials. In the event you do not submit enough photos or the quality of your photos is not sufficient, DISS may use stock images to create your Video(s). You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these TERMS, (b) the Materials and the use of the Materials in the Video(s) will not infringe or misappropriate any copyright, trademark, patent or other intellectual property right of any third party or violate any other rights of a third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (c) the Materials are truthful and not misrepresentative or misleading, (d) the Materials and your use of the Video(s) will not plagiarize or contain any libelous, defamatory, obscene, indecent, harmful, threatening, abusive, harassing, vulgar, hateful, racially, ethnically or otherwise objectionable matter, or any matter contrary to law or to the rules and regulations of any government agency and (e), in the event that a third party purchased the Video(s) on your behalf, the Video(s) shall not imply that you or your business is in any way sponsored or endorsed by such third party. You are solely responsible for (i) the accuracy, non-deceptiveness, completeness, proprietary, and substantiation of the Video(s), including any scripts, if applicable, as used by you to advertise your business(es), (ii) all Materials, and (iii) any information, disclosures, disclaimers or requirements that are imposed upon you as a result of your business activities by any governmental, regulatory or oversight agency, body, tribunal or proceeding. You agree to review and approve all materials prepared by DISS or submitted by you to confirm that descriptions and representations, direct or implied, with respect to your business(es), products, services, industry, and competitors, are accurate and supportable and that such descriptions and representations are in compliance with all legal and regulatory requirements, directives and guidelines.
If your order requires payment, you agree to pay (and continue to pay if signing up for a subscription) DISS the amount(s) specified for the video(s) (each, a “Video”), products or services, as specified on the applicable order page. DISS shall have the right to refuse any order for any reason.
8. FINALITY OF SERVICE
When you submit a video design to DISS, you agree that all orders are final. The user thus agrees that DISS is not responsible for any change in content after delivery and agrees to have no expectations of changes.
This paragraph applies to customers that have chosen and paid for the Director's Cut package. If you have chosen and paid for the Director's Cut package, then you may make changes to the video design during the 30 day hosting period. However, the number of times that you may attempt to make changes to the video design is not unlimited. If you make use of all of your change attempts, you will not be able to receive more change attempts, and you will no longer be able to make changes to the video design. Furthermore, the types of changes that you can make to a video design are not unlimited. In some circumstances, you may not be able to make the change in video design that you desire. This paragraph applies to customers who have not chosen and paid for the Director's Cut package. If you have not chosen and paid for the Director's Cut package, then no changes may be made to the video design under any circumstances. No changes will be made to the final product after it has been delivered. This includes, but is not limited to, any desired changes regarding editing of video footage, interpretation of the script, audio volume, or any content. The product of the Service is delivered 'as is'. No correspondence regarding changes to the delivered product will be accepted.
If you choose one of DISS’ subscription offerings, you may cancel such subscription at any time; provided that if you signed up for a special offer requiring a minimum commitment, you are responsible to continue paying throughout such minimum commitment period (the “Minimum Commitment Period”) and you will only be able to cancel your subscription following the Minimum Commitment Period. However, all fees and charges for subscription services are nonrefundable and there are no refunds or credits for partially used periods. By choosing a subscription offering, you are expressly agreeing that DISS is authorized to charge you a monthly or annual subscription fee, as applicable, any applicable tax and any other charges you may incur to the credit card you provided at time of check-out (or to a different credit card if you change your account information). Additional charges may include edits that are beyond the scope of your original purchase (See Preview of Video and Edits below). Subscription fees will be billed at the beginning of your subscription and each monthly or annual renewal thereafter unless and until you cancel such subscription. DISS automatically bills your credit card each month or year, as applicable, on the calendar day corresponding to the commencement of your subscription. In the event your subscription began on a day not contained in a given month, DISS will bill your credit card on the last day of such month. If you want to use a different payment method or if there is a change in your credit card validity or expiration date, you may edit your information by contacting DISS or logging in to your account. In the event your credit card is declined for any reason, you will have a period of thirty (30) days from the date that your credit card was declined to make your payment information valid by either rectifying the issue with your credit card issuer or providing new payment information by contacting DISS or logging in to your account. If DISS is able to charge your credit card (existing or new, if you have provided new payment information) during the thirty (30) day period, then your subscription will continue uninterrupted and this credit card will be used to charge the applicable monthly subscription fees for each consecutive renewal period until your subscription is cancelled and will be used as your payment method for all purposes. If DISS is unable to charge your credit card (existing or new, if you have provided new payment information) within the thirty (30) day period, then your subscription will be indefinitely suspended beginning on the thirty-first (31st) day from the date your credit card was initially declined. For the thirty (30) days immediately following your anniversary date, DISS may attempt to charge your credit card for subscription fees every five (5) to ten (10) days.
10. CANCELLATIONS AND REFUNDS OF SUBSCRIPTIONS
Except for during any applicable Minimum Commitment Period, you may cancel a subscription at any time and cancellation will be effective at the end of the then-current subscription period. DISS DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. DISS reserves the right to terminate subscriptions for any or no reason.
11. INTERSTATE NATURE OF COMMUNICATIONS ON DISS NETWORK
When you register with DISS, you acknowledge that in using DISS services to send electronic communications (including but not limited to email, search queries, uploading photos and files to the DISS Media Manager, and other Internet activities), you will be causing communications to be sent through DISS's computer networks, portions of which are located in Kentucky and other locations in the United States and portions of which are located abroad. As a result, and also as a result of DISS's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TERMS, you acknowledge that use of the Service results in interstate data transmissions.
12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
DISS does not claim ownership of Content you submit or make available for inclusion on the Service.
You agree to indemnify and hold DISS and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TERMS, or your violation of any rights of another.
15. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
16. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that DISS may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days uploaded Content will be retained by the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on DISS's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that DISS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content uploaded to the Service. You acknowledge that DISS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that DISS reserves the right to modify these general practices and limits from time to time.
17. MODIFICATIONS TO SERVICE
DISS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DISS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that DISS may, under certain circumstances and without prior notice, immediately terminate your DISS account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TERMS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.
Termination of your DISS account includes (a) removal of access to all offerings within the Service, including uploaded content and hosted videos, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in DISS's sole discretion and that DISS shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
19. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that DISS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
20. THIRD-PARTY WEBSITES
Without limiting anything else herein, you acknowledge that DISS may syndicate the Video(s), on your behalf or on behalf of DISS, on third-party websites which are now, or later become, available (the “Third-Party Websites”) in any and all media now known or hereafter developed. You understand that the syndication of the Video(s) through Third-Party Websites may require that the Video(s) be loaded to third-party servers over which DISS maintains no control and that once the Video(s) has/have been loaded to third-party servers that content may continue to be streamed and distributed at the third-party’s sole discretion. DISS will have no, and hereby disclaims any, liability from (a) any use of the Video(s), or timing thereof, by any such third-party and (b) any content on such Third-Party Website that was not created by DISS. Additionally, should your subscription or free trial include syndication to Third-Party Websites, the streaming of your Video(s) will be subject to the third-party’s sole discretion. In order to continue streaming of your Video(s), such third-parties, in their sole discretion, may require that (i) you be a paying customer on such Third-Party Website and (ii) you and each Video comply with the terms of service, terms or use and other terms and conditions of such Third-Party Website.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DISS has no control over such sites and resources, you acknowledge and agree that DISS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DISS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
22. DISS' PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DISS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DISS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DISS for use in accessing the Service.
23. OWNERSHIP AND LICENSE GRANTS
If you purchase Video(s) pursuant to these TERMS, then DISS grants you a limited license to use and display the Video(s) that you purchased. All rights, title and interest, including all copyrights, intellectual and other proprietary rights, in and to each Video as well all raw footage shot by DISS, including, without limitation, tapes, out-takes, “b-roll”, interviews, location shots and clips (the “Raw Footage”), shall be the property of DISS. DISS shall have the right, but not the obligation, to archive the Raw Footage. No intellectual property rights in any Video will be transferred to you, other than the limited license to use and display the Video(s) that you purchased pursuant to these TERMS. DISS shall own exclusive rights in any and all derivative works created from any Video. The incorporation of any of your Materials into any Video will not affect DISS’ continued and separate copyright ownership in such Video and DISS’ ownership will not merge with your ownership of your Materials nor deprive DISS of its copyright ownership.
If you receive a file or embed code of any Video (as specified on the order page), then, subject to your compliance with these TERMS (including all payment terms), you are hereby granted a revocable, non-exclusive, worldwide, license to distribute, transmit and stream the Video(s) as provided by DISS. Notwithstanding any of the foregoing, you agree not to (i) copy any Video from any third-party site using an plug-in or similar software, and (ii) distribute, transmit, stream or otherwise display any Video on any website that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or displays pornographic or sexually explicit material of any kind.
Without limiting any of the foregoing, DISS or DISS’ third party licensors retain all ownership rights, including copyrights, to any music included in any Video by DISS, including without limitation any original musical compositions created by DISS and any music licensed by DISS from a third-party, and all related rights of every kind to such music, including without limitations the rights to the musical composition, sound recording, arrangement, reproduction, transmission, broadcast, dissemination by any manner, performance and moral rights (all such rights together, the “Music”).
You hereby grant to DISS a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sublicensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all of your Materials in connection with the applicable Video in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights. You further grant to DISS a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Materials. DISS shall have no obligation to return the Materials to you following production of the applicable Video
24. DONE IN SIXTY SECONDS REPRESENTATIONS AND WARRANTIES
DISS represents and warrants that, subject to your obligations to obtain the necessary releases, the Video(s) created by Done In Sixty Seconds under these TERMS, will not infringe the copyright, trademark or patent of any third party; provided that DISS makes no representation or warranty of non-infringement with regards to (a) any Content provided by you to be included in the Video(s) or (b) any Faw Footage that does not become a part of the Video(s).
25. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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.
B. DISS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. DISS DISCLAIMS ANY WARRANTY NOT ALREADY STATED IN THESE TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE VIDEOS, AND DISS EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
F. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
26. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DISS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
27. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCALIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
28. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for video production purposes only, and no Content included in the Service is intended for trading or investing purposes. DISS and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
29. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TERMS, there shall be no third-party beneficiaries to this agreement.
DISS may provide you with notices, including those regarding changes to the TERMS, by email, regular mail or postings on the Service.
31. TRADEMARK INFORMATION
Done In Sixty Seconds LLC, DISS, the DISS logo, DISS LLC, and www.doneinsixtyseconds.com trademarks and service marks and other DISS logos, product names, and service names are trademarks of Done In Sixty Seconds LLC (the "DISS Marks"). Without DISS's prior permission, you agree not to display or use in any manner the DISS Marks.
32. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
DISS respects the intellectual property of others, and we ask our users to do the same. DISS may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the DISS Team the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The DISS Team can be reached at our corporate offices:
By mail: Copyright Issues
c/o Done In Sixty Seconds LLC. 348 E. Main Street Lexington, KY 40507
By email: email@example.com
33. GENERAL INFORMATION
Entire Agreement. The TERMS constitutes the entire agreement between you and DISS and governs your use of the Service, superseding any prior agreements between you and DISS with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DISS services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TERMS and the relationship between you and DISS shall be governed by the laws of the State of Kentucky without regard to its conflict of law provisions. You and DISS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fayette, Kentucky.
Waiver. The failure of DISS to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision.
Severability of Terms. If any provision of the TERMS 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 parties' intentions as reflected in the provision, and the other provisions of the TERMS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your DISS account is non-transferable and any rights to your DISS Profile or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the TERMS are for convenience only and have no legal or contractual effect.
Please report any violations of the TERMS to any of the DISS Team Members through the contact page: http://videosforwebsite/contact