Terms of use
dublit.com
Terms of Use Agreement
This Agreement was last revised on 12/27/2007.
Welcome to dublit.com, the website and online service of dublit, Inc. ("dublit" "we," or "us"). This is a confidential, test-only version of the service made available to you for the limited purpose of testing its functions and features. dublit.com is an online community for writers, readers, and listeners of short-form creative writing (fiction, non-fiction, essays, poetry). This page explains the terms by which you may use our service. By accessing or using the dublit services, website and software provided through or in connection with the service ("Service"), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service. In this Agreement, we refer to all visitors to dublit.com as “Users.”
We reserve the right to amend this Agreement at any time. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
Use of Our Service
dublit grants you permission to use the Service as set forth in this Agreement, provided that: (i) you do not copy, distribute, or disclose any part of the Service in any medium except as expressly permitted in this Agreement; (ii) you do not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you otherwise comply with the terms and conditions of this Agreement.
You do not have to register in order to visit dublit. To use certain features of the Service, though, such as submitting an audioshort or accessing My Shelf, you will need to register with dublit and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify dublit immediately of any breach of security or unauthorized use of your account. dublit will not be liable for your losses caused by any unauthorized use of your account. You shall be liable for the losses of dublit or others due to such unauthorized use.
You may use My Account to control your Member Profile and which communications you receive through the Service. By providing dublit your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending an email to support@dublit.com . Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the dublit servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.
dublit may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in dublit's sole determination, you violate any of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or (vi) bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other dublit Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
User Content
dublit may permit you to submit or transmit artistic work you have authored, including but not limited to graphics, music, sound, images, files, photos, animation, artwork, text, data, information, messages, hypertext links, scripts or other material (collectively “Artist Content”), to the Service. dublit may permit you to post feedback, comments, questions, profile information, and other content on the Service (collectively “Comments,” and together with Artist Content, “User Content”). You are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; or (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. dublit reserves the right, but is not obligated, to reject and/or remove any User Content that dublit believes, in its sole discretion, violates these provisions or is otherwise unsuitable for the Service, including, without limitation, any Artist Content that is less than four (4) seconds in duration. dublit may modify any metadata you submit with your User Content, including without limitation meta tags, age rating, descriptive language, search terms, category and keyword modifiers. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
dublit takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. You agree that dublit is not responsible for the deletion; public display; failure to store, maintain or transmit; or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that dublit shall not be liable for any damages you allege to incur as a result of such User Content or your use thereof.
In connection with the User Content you post on the Service, you affirm, represent and warrant that: (a) You are at least 18 years of age, and are fully able and competent to enter into this Agreement; (b) you have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; and (c) your User Content and dublit's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
Your Proprietary Rights
Subject to the licenses you grant in this Agreement, you retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to your Artist Content that is submitted, posted or displayed by you on or through the Service. dublit shall not acquire any right, title or interest in or to such Artist Content except as provided herein. Any rights not granted by you herein are deemed retained by you.
Artist Content License. You hereby grant (or warrant that the owner of such rights has expressly granted) to dublit a worldwide, revocable, non-exclusive, sublicensable, limited right and license to use, reproduce, modify and adapt (solely to permit dublit to conform and adapt your Artist Content to technical requirements, including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), excerpt, publish, transmit, distribute, publicly perform, publicly display, reference, store, host, index and cache, in any form, medium or technology now known or later developed, any Artist Content you submit to dublit in connection with the Service. You understand that your revocable limited license to dublit includes your grant to dublit of the right to create, display and distribute a derivative work based on your Artist Content, which derivative work is comprised solely of your Artist Content as adapted to include dublit's computer software, the functions of which may include, without limitation, enabling ads to be attached to your Artist Content, identifying your submission as your Artist Content, tracking statistical usage data of such Content, and related functions.
You have the right to revoke the foregoing license with respect to all or particular works of your Artist Content by requesting its removal from the Service. If you choose to revoke the foregoing license in whole or in part, dublit will use commercially reasonable efforts to remove the applicable Artist Content from the Service reasonably promptly upon receiving your notice of revocation. You acknowledge and agree that dublit assumes no responsibility for controlling or monitoring use of your Artist Content after it has been posted on the Service, and that dublit is not responsible for enforcing your intellectual property rights or for suing or taking other legal action against infringers, including those who fail to cease using your Artist Content upon revocation of your license to dublit. You or a third party licensor, as appropriate, are responsible for protecting your intellectual property rights. dublit may, at its discretion, choose to assist you in connection with protecting or enforcing your intellectual property rights in a particular instance; such event does not mean that dublit has an obligation to do so in any other instance.
dublit may provide you with the opportunity to grant certain rights to use the Artist Content you post on the Service to other Users and third parties, for instance by posting a Creative Commons license to such Artist Content. dublit provides any such opportunity AS-IS and makes no representations regarding the enforceability or advisability of any such license.
Comments/Reviews License. By uploading, submitting, emailing, posting, publishing or otherwise transmitting any Comments or Reviews to the Service, you hereby grant (or warrant that the owner of such rights has expressly granted) to dublit a worldwide, royalty-free, non-exclusive, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such Comments in any form, medium or technology now known or later developed, and to use the name that you submit in connection with such Comments. You warrant that any Comments you submit do not infringe upon any rights, including intellectual property rights, of any other parties. In addition, you warrant that all so-called moral rights in the Comments you submit have been waived.
Our Proprietary Rights
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. dublit reserves all rights not expressly granted herein in the Service and the dublit Content (as defined below). dublit may terminate this license at any time for any reason or no reason.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "dublit Content"), and all Intellectual Property Rights related thereto, are the exclusive property of dublit and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to limit any rights expressly granted by you to others in connection with your Artist Content displayed on the Service, such as in a Creative Commons license. dublit, dublit.com, Meet write hear., Literature for Listeners, and other dublit.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks or trade dress of dublit, Inc. or its affiliates. Use of the dublit Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
Artist Revenue
Subject to your compliance with the terms and conditions of this Agreement, and depending on the offers made available to you by Dublit and selected by you, you may have the opportunity to earn revenue by distributing your Artist Content via the Service in accord with the terms of any such offer (“Revenue Opportunities”). You understand that dublit is under no obligation to offer you Revenue Opportunities; that dublit does not guarantee that you will earn any revenue from Revenue Opportunities, if any; and that all Revenue Opportunities shall be governed by the terms and conditions under which they are offered to you, in addition to the terms and conditions of this Agreement. dublit reserves the right to change the Revenue Opportunities available to you at any time and without advance notice, and shall have no liability for any Revenue Opportunity offers, lack thereof, or changes thereto.
Amounts due to you, if any, in connection with your participation in Revenue Opportunities will be determined solely by dublit based on data collected by and/or supplied to dublit. Payments earned as a result of your participation in Revenue Opportunities will accrue and be posted to your account. All payments will be made in U.S. Dollars. Generally, accrued payments will be available for withdrawal or transfer thirty (30) days after the end of the calendar month in which they accrued; however, dublit will not be liable for damages resulting from any failure to post payments to your account within such thirty (30) day period. Notwithstanding the foregoing, dublit shall make no payments until such accrued payments total at least twelve dollars ($12). You will not be entitled to receive interest on any payments due hereunder. Payments will remain in your account until you transfer such amounts to a PayPal account or other payment system acceptable to dublit. If you dispute dublit's payments made to you in connection with a Revenue Opportunity, you must notify dublit at payment@dublit.com within thirty (30) days of dublit depositing such payment to your account. Failure to so notify dublit will result in your waiver of any claim relating to such dispute. dublit will use reasonable efforts to resolve any such dispute in good faith, but dublit's resolution will be final. You are responsible for any and all applicable taxes or charges imposed by any government entity in connection with your participation in Revenue Opportunities. dublit may change its pricing and/or payment structure at any time upon notice to you (unless dublit is required by law to provide additional advance notice). All modified payment terms shall be effective immediately or at such other time as specified in the notice. If any such modified payment terms are not acceptable to you, your only recourse is to cease participation in the Revenue Opportunity. By continuing to participate following notice, you accept and agree to be bound by such modified payment terms.
dublit will have no obligation to pay, and is permitted to deduct or withhold any amounts from your account, any amounts due hereunder that dublit determines or suspects in its sole discretion to have resulted from Artist Content that breaches this Agreement, or from fraudulent, misleading or false activities. dublit reserves the right to withhold or deduct payment, if applicable, or suspend or otherwise disable your account, pending dublit's reasonable investigation of any of the foregoing or any breach of this Agreement by you.
Use of Widgets
dublit may give you the opportunity to post a “widget,” or code that creates a dublit graphic and a link to a web page on the Service, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of dublit widgets is subject to this Agreement, that you will not post any dublit widget on a web page containing content that is prohibited under the “User Content” section of this Agreement, and that you will remove all dublit widgets immediately upon termination of this Agreement.
Eligibility
This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. dublit may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
Privacy
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify dublit's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit dublit to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Name:
Attn: DMCA Notice
dublit: dublit, Inc.
Address: 435 9th Ave #6
San Francisco, CA 94118
Telephone: (415) 691-6271
Fax: (206) 600-6077
Email: copyright@dublit.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying dublit and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with dublit's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, dublit has adopted a policy of terminating, in appropriate circumstances and at dublit's sole discretion, members who are deemed to be repeat infringers. dublit may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Websites, Advertisers or Services
dublit may contain links to third-party websites, advertisers, or services that are not owned or controlled by dublit. dublit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from dublit, you do so at your own risk, and you understand that this Agreement and dublit's Privacy Policy do not apply to your use of such sites. You expressly relieve dublit from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on dublit, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that dublit shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
Indemnity
You agree to defend, indemnify and hold harmless dublit and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DUBLIT, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
DUBLIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DUBLIT SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DUBLIT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DUBLIT, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL DUBLIT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUBLIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DUBLIT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DUBLIT HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DUBLIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. dublit makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by dublit without restriction.
Termination
dublit may immediately terminate this Agreement for any reason at any time. You may terminate this Agreement at any time by disabling your Account. Upon termination of this Agreement, your Account will be disabled and you may not be granted access to your Account or any files or other content contained in your Account, although residual copies of information, including User Content, may remain on the Internet due to previous distribution. Although dublit will use reasonably commercial efforts to ensure your Artist Content is removed from the Service within seventy-two (72) hours following termination, dublit shall have no obligation to remove any of your Artist Content that is otherwise publicly available through the Internet or other publicly accessible medium, and in the event that dublit does not remove your Artist Content from the Service within seventy-two (72) hours, dublit shall not be liable to you. For the avoidance of doubt, dublit cannot, and has no obligation to, remove any of your Artist Content that has been distributed beyond the Service.
General
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over dublit, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and dublit that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County , California.
B. Notification Procedures. dublit may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by dublit in our sole discretion. dublit reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
C. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by dublit via the Service, shall constitute the entire agreement between you and dublit concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and dublit's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at support@dublit.com with any questions regarding this Agreement.
