Terms of Use

DRAGON MEDIA INC. WEBSITE TERMS OF USE

These Terms of Use govern your use of this website (“Dragon Box Websites”), which is operated by or for Dragon Media Inc., Inc. (“Dragon Box” or “us”) and which links to these Terms of Use. These Terms of Use are applicable to such use whether you possess or create a Dragon Media Inc. Account through or on the Dragon Media Inc. Websites. Websites that do not contain a link to these Terms of Use are not subject to the terms described below.

By accessing or using the Dragon Box Websites, you acknowledge that you understand and agree to be bound by these Terms of Use. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Dragon Box Websites. Please note that when you create an end user online profile and billing account (“BlendTV Account”) on Dragon Media Inc. Websites, you are additionally subject to the Dragon Media Inc. Account Terms and Conditions

CHANGES TO THESE TERMS OF USE

We reserve the right to modify these Terms of Use, in whole or in part, in our own discretion at any time. Such modifications shall be effective immediately upon the linking of modified Terms of Use to the Dragon Media Inc. Websites.

INTELLECTUAL PROPERTY

All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials contained on the Dragon Media Inc. Websites (collectively, “Content”) are owned, controlled, or licensed by or to Dragon Media Inc., and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and laws. No license to or right in any such Content is granted to or conferred upon you, and all rights are reserved by Dragon Media Inc. or its licensors. Except as expressly provided in these Terms of Use, you agree not to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Dragon Media Inc. Websites, without Dragon Media Inc.’s express prior written consent.
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.

PURCHASES

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.

USER-PROVIDED CONTENT

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;
• all content that you post is accurate, does not violate these Terms of Use, and will not cause injury to any person or entity; and
• 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

The Dragon Media Inc. Websites may contain links to or at times connect or redirect you to websites, apps, services and resources owned or controlled by third parties (collectively “Third Party Services”). We do not control or monitor such Third Party Services and you acknowledge and agree that Dragon Media Inc. is not responsible or liable for the content, functionality or practices of such Third Party Services. The inclusion of links to Third Party Services on the Dragon Media Inc. Websites does not imply approval or endorsement of Third Party Services by Dragon Media Inc., nor does it suggest any association with operators of such Third Party Services. If you decide to leave the Dragon Media Inc. Websites and access these Third Party Services, you do so at your own risk. We suggest that you read the terms of use and privacy policies (if any) of those Third Party Services. You agree not to hold Dragon Media Inc. or its affiliated companies responsible for any harm that may arise based on your access to or use of any Third Party Services. Dragon Media Inc. is not responsible for or any form of transmission received from any linked Third Party Services. Any reliance on the contents of Third Party Services is undertaken at your own risk and you assume all responsibilities and consequences resulting from such reliance.

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

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (a) modify, suspend, or terminate operation of or your access to the Dragon Media Inc. Websites, or any portion of the Dragon Media Inc. Websites, including but not limited to, for your violation of these Terms of Use; (b) modify or change the Dragon Media Inc. Websites, or any portion of the Dragon Media Inc. Websites; and (c) interrupt the regular operation of the Dragon Media Inc. Websites, or any portion of the Dragon Media Inc. Websites, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to 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.

DISCLAIMER

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.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to any User-Provided Content you submit, post, transmit, or make available through the Dragon Media Inc. Websites, your violation of these Terms of Use, your use or misuse of the Dragon Media Inc. Websites, or your violation of any third-party rights.

CHOICE OF LAW AND JURISDICTION

You agree that these Terms of Use will be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws principles.

DISPUTE BY BINDING ARBITRATION WITH CLASS ACTION WAIVER

Any dispute or claim arising from or related to these Terms of Use or Dragon Media Inc.’s websites is subject to binding arbitration as described. By using the Dragon Media Inc. Websites, you agree to be bound by those terms.

EQUITABLE RELIEF

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

SEVERABILITY

If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

WAIVER

Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.

CONTACT US

If you have any questions regarding these Terms of Use, please contact us at support@thedragonbox.com