Dvdathon reserves the right to modify or add to these Terms at any time (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the Dvdathon Platforms, and that your use of the Dvdathon Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Dvdathon Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Dvdathon Platforms from that point forward. Updated Terms will apply to your reservations or rental transactions that begin after the Updated Terms are effective.
OWNERSHIP OF MATERIALS
Unless otherwise explicitly specified, all materials that are included in, made available through or are otherwise a part of the Dvdathon Platforms (and all past, present and future versions), including, without limitation: graphics; layout; text; instructions, widgets; images; audio-videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Dvdathon Platforms; the compilation, assembly and arrangement of the materials of the Dvdathon Platforms; and all other materials related to the Dvdathon Platforms (collectively, the "Materials") are owned, controlled or licensed by Dvdathon, its subsidiaries, affiliates or suppliers and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Dvdathon, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
YOUR LICENSE TO USE MATERIALS
You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Dvdathon; or (c) provide access to any Dvdathon Platforms or Materials via any medium without the prior written consent of an authorized representative of Dvdathon.
MEMBERSHIP & REGISTRATION
Certain areas of the Dvdathon Platforms may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Dvdathon Platforms. When you provide information to the Dvdathon Platforms, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and devices so that others may not access the password protected portion of the Dvdathon Platforms using your account in whole or in part. Dvdathon reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
All sales, unless stated otherwise at the time of sale, are final and non-returnable, except as required by applicable law.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
You may not use the Dvdathon Platforms for any purpose or in any manner that infringes the rights of any third party. Dvdathon encourages you to report any content on the Dvdathon Platforms that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Dvdathon Platforms infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Dvdathon has a designated agent for receiving notices of copyright infringement and Dvdathon follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dvdathon’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Dvdathon’s copyright agent for notice of claims of copyright infringement on or regarding the Dvdathon Platforms can be reached as follows:
Henderson, NV 89014
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
Other Intellectual Property. If you believe that any content on a Dvdathon Platform violates your exclusive rights other than copyrights, please provide Dvdathon at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on the Dvdathon Platforms to: Contact Us.
General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Dvdathon will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!
Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; and (iii) by renting or purchasing Items from us, you acknowledge and represent that you are authorized to use the payment card used for your rental or purchase of Item(s).
You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Dvdathon Platforms and Items and you will be responsible for all charges related thereto.
OUR DISCLAIMER OF WARRANTIES
THE DVDATHON PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE MATERIALS AND ITEMS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DVDATHON AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "DVDATHON PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE DVDATHON PLATFORMS; (B) THE MATERIALS OR ITEMS ON OR PROVIDED THROUGH THE DVDATHON PLATFORMS; (C) USER CONTENT OR WIDGETS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE DVDATHON PLATFORMS; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE DVDATHON PLATFORMS, INCLUDING, WITHOUT LIMITATION, ITEMS; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM DVDATHON OR VIA THE DVDATHON PLATFORMS. IN ADDITION, THE DVDATHON PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.
THE DVDATHON PARTIES DO NOT REPRESENT OR WARRANT THAT THE DVDATHON PLATFORMS, THE ITEMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE ITEMS, THE DVDATHON PLATFORMS, OR THE SERVERS THAT MAKE SOME OF THE DVDATHON PLATFORMS AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE DVDATHON PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE DVDATHON PLATFORMS IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE DVDATHON PLATFORMS, THAT YOUR USE IS AT YOUR SOLE RISK. THE DVDATHON PARTIES DO NOT WARRANT THAT YOUR USE OF THE DVDATHON PLATFORMS OR ITEMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE DVDATHON PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING A DVDATHON PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT DVDATHON PLATFORM.
THE DVDATHON PARTIES DO NOT ENDORSE THE USER CONTENT AND ARE NOT RESPONSIBLE FOR THE USER CONTENT.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE DVDATHON PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A DVDATHON PLATFORM; (B) THE MATERIALS OR ITEMS; (C) USER CONTENT OR WIDGETS; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A DVDATHON PLATFORM, ITEM, PROMO CODE OR MATERIALS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DVDATHON PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A DVDATHON PLATFORM, MATERIALS, ITEM OR PROMO CODE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN A DVDATHON PLATFORM'S TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY COMPUTER, HARDWARE, VIDEO PLAYER, DVD PLAYER, GAME CONSOLE, BLU-RAY PLAYER, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DVDATHON PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A DVDATHON PLATFORM). IN NO EVENT WILL THE DVDATHON PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE LESSER OF THE AMOUNT WE CHARGED YOU FOR THE TRANSACTION OR TEN UNITED STATES DOLLARS ($10.00). YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR A DEFECTIVE RENTAL OR PURCHASE OF AN ITEM IS A REPLACEMENT WITH OR ACCESS TO A NON-DEFECTIVE COPY OF THE SAME ITEM IF AVAILABLE AND A REFUND OF YOUR RENTAL OR PURCHASE PRICE IF A NON-DEFECTIVE REPLACEMENT IS NOT AVAILABLE, AS DETERMINED BY DVDATHON IN ITS SOLE DISCRETION. IF YOU BELIEVE YOU AN ITEM IS DEFECTIVE, YOU MUST CONTACT DVDATHON CUSTOMER SERVICE, OTHERWISE DVDATHON WILL ASSUME THAT THE DEFECT OCCURRED DURING YOUR RENTAL PERIOD OR AFTER YOUR PURCHASE (AS APPLICABLE). THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE DVDATHON PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE DVDATHON PLATFORMS OR THE PRODUCTS PURCHASED VIA THE DVDATHON PLATFORMS, OR FOR THE DVDATHON PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DVDATHON ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE DVDATHON PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE DVDATHON PARTIES.
BY ACCESSING A DVDATHON PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
TERM AND TERMINATION
Dvdathon reserves the right to terminate your access to and use of the Dvdathon Platforms or any of its features in its sole discretion, without notice and liability, including, without limitation, if Dvdathon believes your conduct fails to conform to these Terms or any Additional Terms. Dvdathon also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
For rentals of physical Items, you can terminate a rental transaction at any time by returning the rented Items, or by keeping the items through the maximum rental period, so long as you pay the accrued daily rental charge(s), plus tax. Rentals of other Items may terminate automatically upon termination of the applicable rental period.
Dvdathon also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information, Items, or content available on the Dvdathon Platforms, without limitation, in whole or in part, including the cessation of all activities associated with the Dvdathon Platforms, with or without notice. You agree that Dvdathon will not be liable to you or to any third party for any modification, suspension or discontinuance of the Dvdathon Platforms or any part thereof. Dvdathon also reserves the right to charge for use of the Dvdathon Platforms, in whole or in part, and to change its fees from time to time in its discretion.
LOCATION AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the Dvdathon Platforms and its Materials and the Items are made available for use in the United States.
The information provided on the Dvdathon Platforms is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Dvdathon to any registration requirement within such jurisdiction or country. Dvdathon controls and operates the Dvdathon Platforms from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Dvdathon Platforms are appropriate for use or access in other locations. Anyone using or accessing the Dvdathon Platforms from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Dvdathon Platforms and/or the provision of any content, program, product, service, Item, or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by the Dvdathon Platforms may be subject to United States export controls. Thus, no software from the Dvdathon Platforms may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Dvdathon Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree to comply with all rules, laws and regulations that are applicable to your use of the Dvdathon Platforms, including, without limitation, those governing your transmission or use of any software or data.
DISPUTE RESOLUTION; ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH DVDATHON AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DVDATHON.
(a) Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Dvdathon agree: (a) to waive your and Dvdathon's right to have any and all disputes arising from or connected to these Terms, the Dvdathon Platforms or the Items (collectively, "Disputes") resolved in a court; and (b) to waive your and Dvdathon's right to a jury trial. Instead, you and Dvdathon agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
(b) No Class Arbitrations, Class Actions or Representative Actions. YOU AND DVDATHON AGREE THAT DISPUTES ARE PERSONAL TO YOU AND DVDATHON, AND THAT DISPUTES WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND DVDATHON AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
(c) Federal Arbitration Act. You and Dvdathon agree that these Terms affect interstate commerce and that the enforceability of this Dispute Resolution; Arbitration Section shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") to the maximum extent permitted by applicable law.
(d) Process. YOU AND DVDATHON AGREE THAT WE WILL NOTIFY EACH OTHER IN WRITING OF ANY DISPUTE WITHIN THIRTY (30) DAYS OF WHEN IT ARISES SO THAT WE CAN ATTEMPT IN GOOD FAITH TO RESOLVE THE DISPUTE INFORMALLY. Notice to Dvdathon shall be sent by certified mail or courier to Dvdathon. Your notice must include: (a) your name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you and Dvdathon cannot agree to resolve the Dispute within thirty (30) days of Dvdathon receiving your notice, then either you or we may commence an arbitration proceeding or file a claim in court as appropriate pursuant to this this Dispute Resolution; Arbitration Section. YOU AND DVDATHON AGREE THAT ANY ARBITRATION OR CLAIM MUST BE COMMENCED OR FILED WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES; OTHERWISE, YOU AND DVDATHON AGREE THAT THE CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE RIGHT TO ASSERT A CLAIM REGARDING THE DISPUTE).
(e) Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (ii) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(f) Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
(g) Severability. If any provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in subsection (b) of this Dispute Resolution; Arbitration Section are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law.
(h) Changes/Opt-Out. You can terminate this agreement to arbitrate within 30 days of first becoming subject to this arbitration provision by providing Dvdathon with written notice. In order to be effective, the notice must include your full name, be received by Dvdathon at the required address within 30 days of first becoming subject to this arbitration provision and clearly indicate your intent to terminate this agreement to arbitrate. Your choice to terminate this agreement to arbitrate will not affect any other provision of these Terms.
Notwithstanding the modification-related provisions in these Terms, if we revise the dispute resolution provisions of these Terms, you may reject any such change within thirty (30) days of the date such change becomes effective by providing Dvdathon with written notice to: Dvdathon. In order to be effective, the notice must include your full name, be received by Dvdathon at the required address within 30 days of the date such change becomes effective and clearly indicate your intent to reject changes to this Dispute Resolution; Arbitration Section. By rejecting changes, you are agreeing to resolve disputes in accordance with the last version of the Terms you accepted. Your choice to reject changes will not affect any other provision of these Terms.
GOVERNING LAW AND VENUE
THESE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA AND APPLICABLE UNITED STATES LAW, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THE DISPUTES OR ANY ACTION ARISING OUT OF OR RELATING TO DISPUTES BROUGHT BY A PERSON WHO PROPERLY OPTS OUT OF THE AGREEMENT TO ARBITRATE (IN ACCORDANCE WITH THESE TERMS) SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN HENDERSON, NEVADA (EXCEPT FOR SMALL CLAIMS DISPUTES, WHICH MAY BE FILED IN SMALL CLAIMS COURTS IN THE JURISDICTION IN WHICH YOU RESIDE), AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF SUCH DISPUTES.
The failure of Dvdathon to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Dvdathon rights with respect to such breach or any subsequent breaches. No waiver by Dvdathon of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Dvdathon. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Dvdathon may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Dvdathon’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Dvdathon by virtue of Dvdathon having drafted them.
Dvdathon will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond Dvdathon’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
Notwithstanding termination of your use of the Dvdathon Platforms, for any reason whatsoever, the following sections of these Terms continue and survive: “Ownership of Materials,” “User Comments and Postings,” “Your Warranties,” “Our Disclaimer of Warranties,” “Limitation of Liability; Waiver,” “Indemnification,” “Governing Law; Disputes” and “Miscellaneous.”
If you should have any questions or comments, please contact us via our contact page.