Dragon Multimedia respects the intellectual property rights of others and wishes to offer Services that contain no content that violates those rights. Our Terms of Service (“Terms of Service”) require that information posted by users be accurate, lawful and not in violation of the rights of third parties. Dragon Multimedia has adopted this Copyright & IP Infringement Policy to explain to Dragon Multimedia users and third parties their rights and responsibilities regarding copyright of the user content uploaded through our Services and the actions that Dragon Multimedia will take in response to copyright complaints.
By joining our program you also agree to the General Terms and Conditions of Service.
We encourage you to make sure your client also complies with all the terms and conditions of service.
PARTNER PROGRAM :
You agree that your have full and legal authority to furnish any and all 3rd party content and account credentials (usernames, passwords, and the like) to Dragon Multimedia for use during the delivery of the services to you and/or your client.
You agree to comply, and certify that any of your 3rd party accounts / campaigns will comply with the Terms and Conditions contained herein.
Copyright and Use
It is Dragon Multimedia’s policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Acceptable Use. You shall (i) be responsible for your and your Authorized Users’ compliance with these Terms of Service, including the Fair Use Policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of Customer Content and of the means by which you acquired or generated Customer Content. We require approval and review of all content, and require client approval prior to publishing.
Fair Use Policy. Dragon Multimedia may suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other customers of Dragon Multimedia.
Non-Exclusivity. You acknowledge that the rights granted to you under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict Dragon Multimedia’s right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.
Customer Content. You grant Dragon Multimedia a limited, worldwide, non-exclusive, non-transferable license, without a right of sublicense, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Content for the purpose of supporting your use of the Services and providing Services to you. Dragon Multimedia may also use Customer Content for the purpose of supporting and developing the Site, provided that when doing so, Dragon Multimedia shall only use Customer Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, you and your Authorized Users shall retain all right, title and interest in and to the Customer Content and all intellectual property rights therein. Nothing in this Agreement will confer on Dragon Multimedia any right of ownership or interest in the Customer Content or the intellectual property rights there
Responsibility for Customer Content and Mentions. You are solely responsible for the Customer Content that you or Authorized Users upload, publish, display, link to, or otherwise make available via the Services, and you agree that Dragon Multimedia is only acting as a passive conduit for the online distribution and publication of the Customer Content.
Termination. If you violate the letter or spirit of these Terms of Service, abuse the Services, or otherwise create risk or possible legal exposure to Dragon Multimedia, Dragon Multimedia can terminate or suspend your Dragon Multimedia Account at our sole discretion. Dragon Multimedia will notify you by email or at the next time you attempt to access your account. You may also cancel or disable your Dragon Multimedia Free account at any time.
Effects of Termination. Upon termination of this Agreement for any reason, (i) you will immediately cease all use of the Services; (ii) you will have no further access to your accounts provided by Dragon Multimedia; and (iii) you will pay Dragon Multimedia all unpaid amounts owing to Dragon Multimedia.
Survival. Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.
FEES AND PAYMENTS
You acknowledge and agree that your Payment Method will be charged by Company.
BILLING TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods” : credit card or Paypal.
You may cancel this automatic billing authorization at any time with 30 days notice. All services are on a prepaid basis. As noted herein, all billing will be done automatically unless written request is received by client to end the automated billing and/or services in writing with 30 days notice. Refunds are not permitted.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Dragon Multimedia’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF (A) THE fees paid by YOU FOR THE SERVICES HEREUNDER DURING THE three (3) month PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE AND (B) US$500. Dragon Multimedia DOES NOT OFFER ANY WARRANTY OR REMEDIES FOR THE INTERRUPTION OR CESSATION OF ACCESS OR TRANSMISSION TO OR FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Dragon Multimedia, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER ASPECT OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL Dragon Multimedia BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF Dragon Multimedia WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF Dragon Multimedia FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF Dragon Multimedia, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT OF Dragon Multimedia; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
1 Assignment. You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by merger, sale of assets, change of control, operation of law or otherwise, without the prior written consent of Dragon Multimedia (not to be unreasonably withheld), and any attempted assignment or transfer without such consent will be void. Dragon Multimedia may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you. Dragon Multimedia may also substitute, by way of unilateral novation, effective upon notice to you, Dragon Multimedia Media Inc. for any third party that assumes our rights and obligations under this Agreement.
2 Amendment. Dragon Multimedia reserves the right to modify, supplement, or replace the terms of this Agreement, effective upon posting on the Dragon Multimedia website or notifying you otherwise. Your continued use of the Services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Except for changes made by Dragon Multimedia as described here, no other amendment or modification of this Agreement shall be effective unless set forth in a written agreement bearing a written signature by Dragon Multimedia and you.
3 Severability. Each provision of this Agreement is severable. If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of this Agreement or of that provision in any other jurisdiction.
4 Notices. For purposes of service messages and notices about the Services, Dragon Multimedia may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Dragon Multimedia to an email address associated with your account, even if Dragon Multimedia has other contact information. You also agree that Dragon Multimedia may communicate with you through your Dragon Multimedia account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Dragon Multimedia account or services associated with Dragon Multimedia. You acknowledge and agree that Dragon Multimedia shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You may provide legal notice to Dragon Multimedia via email with a duplicate copy sent via registered mail to Dragon Multimedia Media Inc, 5 East 8th Avenue, Vancouver, Dragon Multimedia, St. Louis, MO; Attention: General Counsel. The email address provided may be updated as part of any update to these Terms of Service.
Waivers. No waiver of any provision of this Agreement is binding unless it is in writing and signed by all parties to this Agreement, except that any provision which does not give rights or benefits to particular parties may be waived in writing, signed only by those parties who have rights under, or hold the benefit of, the provision being waived if those parties promptly send a copy of the executed waiver to all other parties. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.
Nature of Relationship. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
Force Majeure. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs, or labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
Governing Law. This Agreement and your relationship with Dragon Multimedia shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the State of Missouri and shall be considered to have been made and accepted in St. Louis, MO, without regard to its conflict of law provisions. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.
Entire Agreement. The terms of this Agreement, together with any applicable Authorization Form, all exhibits, and constitute the entire agreement between the parties with respect to the use of the Services and supersede any prior or inconsistent agreements, negotiations, representations, and promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns. In the event of any conflict between this Agreement and the terms of an Authorization Form, the provisions of the Authorization Form shall prevail. The terms of this Agreement will apply to all orders you submit to Dragon Multimedia for Dragon Multimedia Free and Dragon Multimedia Pro accounts and shall supersede any additional terms, which may be incorporated in a purchase order form, or any other form you generate. Any such terms shall be null and void.
Responsibility for Campaigns and Submitted Content. You agree that the Services are only a passive conduit for the online display of Campaigns and Submitted Content. Dragon Multimedia will not review, share, distribute, or reference any Campaigns or Submitted Content, except as provided in this Agreement.
Notwithstanding the foregoing, Dragon Multimedia retains the authority to remove any Submitted Content uploaded that it deems in violation of this Agreement, in its sole discretion.
Your Additional Indemnification. You shall defend, indemnify, and hold harmless Dragon Multimedia, its affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature which are in connection with or arising out of a claim (a) alleging that any Campaign or Submitted Content infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates applicable law; or (b) relating to, or arising from, (i) any Campaign or Submitted Content, or entries to or from a Campaign or a Campaign Page or (ii) your breach of your obligations, representations, or warranties in any sections above.