Notwithstanding the above, you may view, use, download, and print selected portions of the Dragon Media Inc. Websites solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact all copyright, trademarks, service marks, attributions, patent, and other proprietary notices.
All Dragon Media Inc. trademarks are the exclusive property of Dragon Media Inc.. Unauthorized use of any Dragon Media Inc. trademark, service mark, or logo may be a violation of federal and state and applicable foreign trademark laws.
Procedure for Claims of Copyright Infringement
If you believe in good faith that your copyright (or other intellectual property rights) has been infringed on the Dragon Media Inc. Websites or that there is any content which is illegal or infringes your or a third party’s rights, please follow our DMCA Claims Regarding Copyright Infringement Policy.
You may be able to purchase products or services through the Dragon Box Websites in certain countries. In such case, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information (“Personal Financial Information”). TO INITIATE A PURCHASE, YOU MUST BE (A) AT LEAST EIGHTEEN (18) YEARS OF AGE, OR THE AGE OF MAJORITY IN YOUR COUNTRY; AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying your Personal Financial Information, you understand that we may use and disclose such information, including, but not limited to, providing such information to third parties for the purposes of order fulfillment and payment processing. You also understand and acknowledge that Dragon Media Inc. may use a third-party payment processor to process credit card payments on our behalf, and when you supply Personal Financial Information in connection with a purchase, you agree that Dragon Media Inc. is not responsible for the security of such information when it is in the control of the third-party payment processor.
By placing an order for any product or service made available through the Dragon Media Inc. Websites, you represent that the products and/or services ordered will be used only in a lawful manner. Dragon Media Inc. reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any product or service; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all transaction(s); and (d) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Dragon Media Inc. Websites, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
YOUR PROVISION OF CONTACT INFORMATION TO US
You agree that all Personal Financial Information or other information that you provide to us will be (a) accurate, current, and complete; (b) promptly updated when there is a change; and (c) your own information and not that of another individual. If you provide any information that is untrue, inaccurate or incomplete, or we have reasons to suspect that such information is untrue, inaccurate or incomplete, we retain the right to refuse any or all current or future use of the Dragon Media Inc. Website or any portion thereof.
You understand that all information, data, or other materials that you or another user provide in connection with the Dragon Media Inc. Websites or otherwise communicate to Dragon Media Inc. (“User-Provided Content”), including, but not limited to, product reviews and content posted to any user forums Dragon Media Inc. makes available, are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not Dragon Media Inc., are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Dragon Media Inc. Websites. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using the Dragon Media Inc. Websites, you may be exposed to User-Provided Content that is misleading, offensive, indecent, or objectionable. The views expressed by other users on Dragon Media Inc. Websites do not represent our views or values, and Dragon Media Inc. will not be responsible or liable for User-Provided Content or the accuracy of any User-Provided Content.
By submitting any User-Provided Content to Dragon Media Inc., you represent and warrant that:
• you own or control all rights to User-Provided Content you post on the Dragon Media Inc. Websites;
• where permissible under applicable law, all “moral rights” that you may have in such content have been voluntarily waived by you;
• you are at least 18 years old.
We also have the right to disclose your identity to any third party who is claiming that any User-Provided Content posted or uploaded by you to the Dragon Media Inc. Websites constitutes a violation of their intellectual property rights, or of their right to privacy.
YOUR GRANT OF LICENSE TO DRAGON MEDIA INC. FOR USER-PROVIDED CONTENT
By uploading, posting, emailing, transmitting, or otherwise making available any User-Provided Content, you grant Dragon Media Inc. and our affiliates a perpetual, irrevocable, royalty-free, fully paid-up, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User-Provided Content and/or incorporate such User-Provided Content into any form, medium, or technology throughout the world without compensation to you, including but not limited to, in any unaffiliated third party content and in our or their publications, marketing material and advertisements. We or others may, in our sole discretion, cite to your name or other identifier you provided when posting User-Provided Content. As noted above, you represent and warrant that you own or otherwise control all rights in and to any such User-Provided Content, and that our publication and use of your User-Provided Content will not infringe, violate or interfere with the rights of anyone.
DRAGON MEDIA INC. DISCRETION TO USE USER-PROVIDED CONTENT
All User-Provided Content that you submit may be used at Dragon Media Inc.’s sole discretion. Dragon Media Inc. reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Dragon Media Inc. Websites in its sole discretion. Dragon Media Inc. does not guarantee that you will have any recourse through Dragon Media Inc. to edit or delete any User-Provided Content you have submitted. None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of Dragon Media Inc., its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.
CONTENT AND CONDUCT GUIDELINES
You agree to comply with all laws, rules, and regulations applicable to your use of the Dragon Media Inc. Websites. In addition, you agree not to:
• upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, or misleading;
• upload, post, email, transmit, or otherwise make available any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• upload, post, email, transmit, or otherwise make available any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Dragon Media Inc. Websites;
• upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;
• upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, email, 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;
• take any action that interferes with the proper working of the Dragon Media Inc. Websites, compromises the security of the Dragon Media Inc. Websites, or otherwise damages the Dragon Media Inc. Websites or any materials and information available through the Dragon Media Inc. Websites;
• attempt to gain unauthorized access to any portion or feature of the Dragon Media Inc. Websites, to any other systems or networks connected to the Dragon Media Inc. Websites, to any of our servers, or to any of the services offered on or through the Dragon Media Inc. Websites, including but not limited to by hacking, password “mining”, or any other unauthorized means;
• probe, scan, or test the vulnerability of the Dragon Media Inc. Websites or any network connected to the Dragon Media Inc. Websites or bypass the authentication measures on the Dragon Media Inc. Websites or any network connected to the Dragon Media Inc. Websites;
• use any automated means to collect information or content from or otherwise access the Dragon Media Inc. Websites, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
• harvest or otherwise collect and store information about other users of the Dragon Media Inc. Websites, including e-mail addresses;
• install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
• interfere with or disrupt the operation of the Dragon Media Inc. Websites or server networks connected to the Dragon Media Inc. Websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Dragon Media Inc. Websites.
You may be responsible for any loss or damage Dragon Media Inc. suffers as a result of your breach of any of the above promises.
LINKS ON THE DRAGON MEDIA INC. WEBSITES TO THIRD PARTY WEBSITES
LINKS TO DRAGON MEDIA INC. WEBSITES
Unless otherwise set forth in a written agreement between you and Dragon Media Inc., you must not include a link (including “deep-linking,” “framing” or “inlining”) to the Dragon Media Inc. Websites on any website or online service that you own, control, or operate, except with Dragon Media Inc.’s prior written consent. Dragon Media Inc. reserves the right to withdraw its consent at any time, and may request that any person or entity remove a link to any portion of the Dragon Media Inc. Websites at any time and in its sole discretion.
INFORMATION, NEWS, PRESS RELEASES, AND ILLUSTRATIONS
The Dragon Media Inc. Websites may contain information about our company, such as news and press releases. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.
REGISTRATION AND PASSWORDS
The Dragon Media Inc. Websites may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Dragon Media Inc. Websites. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID and password. You agree to notify Dragon Media Inc. immediately of any unauthorized use of your login ID, password, or any other breach of security involving access to the Dragon Media Inc. Websites through your login ID. You acknowledge that you may be held liable for any loss or harm incurred by Dragon Media Inc. or any other person or entity due to someone else using your login ID or password as a result of your failing to keep your information secure and confidential.
OPTIONAL OFFERS, PROMOTIONS AND FEATURES
We may offer or facilitate third party offers for you to participate in special offers such as rebates, coupons or other discount programs as well as promotions such as contests or sweepstakes on the Dragon Media Inc. Websites or via third party platforms. These offers and promotions may require purchases or participation in surveys, and may be subject to separate and additional terms and conditions governing your participation and eligibility for any such programs. Dragon Media Inc. is not responsible or liable for any claims, damages, losses or injuries arising from your interactions with such third parties.
OPERATION OF THE DRAGON MEDIA INC. WEBSITES
If you are a consumer user, please note that we only provide the Dragon Media Inc. Websites for domestic and private use. You agree not to use our site for any commercial or business purposes.
THE DRAGON MEDIA INC. WEBSITES AND ALL MATERIALS, INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THE DRAGON MEDIA INC. WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE DRAGON MEDIA INC. WEBSITES AND ALL MATERIALS, INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THE DRAGON MEDIA INC. WEBSITES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THE DRAGON MEDIA INC. WEBSITES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE DRAGON MEDIA INC. WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE DRAGON MEDIA INC. WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE DRAGON MEDIA INC. WEBSITES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE DRAGON MEDIA INC. WEBSITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES EXCEEDING FIVE US DOLLARS (US$5.00) ARISING OUT OF YOUR USE OF THE DRAGON MEDIA INC. WEBSITES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
CHOICE OF LAW AND JURISDICTION
DISPUTE BY BINDING ARBITRATION WITH CLASS ACTION WAIVER