TERMS OF USE

1. ACCEPTANCE OF TERMS OF USE

These terms and conditions are entered into by and between you, the user (“you”) of this website and Dieline Media, LLC as operator of this website (“Company” or “Dieline”). The following terms and conditions (“Terms of Use”) govern your access and use of http://www.thedieline.com, including any content, functionality, and services offered on or through http://www.thedieline.com (“Website”).

By using the Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, found at http://www.thedieline.com/privacy, which is incorporated herein by reference. If you do not agree to any of these Terms of Use or the Privacy Policy, you must not access or use the Website.

These Terms of Use apply to all users of the Website, including users who are also contributors of any content, photos, video, audio, information, and other materials or services on the Website. The Website may contain links to third-party websites or content that are not owned or controlled by Dieline. Dieline has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Dieline will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Dieline from any and all liability arising from your use of any third-party website or content thereon. Accordingly, we encourage you to be aware when you link to third-party content and websites and to read the terms and conditions and privacy policies of such other websites.

2. CHANGES TO THE TERMS OF USE

Company may revise and update the Terms of Use from time to time in its sole discretion, with or without notice. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the revised Terms of Use acknowledges your acceptance and agreement to any such changes thereto.

3. ACCESSING THE WEBSITE

Company reserves the right to amend or withdraw this Website and any service or material provided on the Website, in its sole discretion without notice. Company will not be liable for any reason all or part of the Website is unavailable at any time. From time to time, Company may restrict access to certain portals of the Website, or the entire Website, to all users.

In order to access some features of the Website, you may be asked to provide certain registration details or other information in creating an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You agree that all information you provide to register with the Website or otherwise, including but not limited to User Submissions as defined in Paragraph 6 “User Submissions” hereto, is governed by our Privacy Policy (http://www.thedieline.com/privacy), and you consent to all actions Company takes with respect to your information consistent with the Privacy Policy.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You acknowledge that your account is personal to you, and you agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You must notify Dieline immediately of any breach of security or unauthorized use of your account. You agree that Dieline will not be liable for losses caused by any unauthorized use of your account, and you may be liable for the losses of Dieline or others due to such unauthorized use.

Company reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by Company, at any time in its sole discretion if, in its opinion, you have violated any provision of these Terms of Use.

4. INTELLECTUAL PROPERTY RIGHTS

The Website and its content, features, and functionality except all User Submissions (as defined in Paragraph 6, “User Submissions”), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) and the trademarks, service marks, and logos contained therein, are owned by or licensed to Dieline, subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Company reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. Any use of the Website not expressly permitted by these Terms of Use constitutes a breach of the Terms of Use and may violate copyright, trademark, and other laws.

5. PROHIBITED USES

You may use this Website only for lawful purposes and in accordance with the Terms of Use.

You agree that, while using the Website, you will not upload, post, or transmit to or distribute or otherwise publish through the Website any materials that: (a) are in breach of any part of these Terms of Use; (b) restrict or inhibit any other user from using and enjoying the Website; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also warrant and agree that you will not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding (including through the use of any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc.); (d) attempt to gain unauthorized access to other computer systems through the Website; or (e) use the Website for any commercial solicitation purposes. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit, or distribute in any way any component of the Website itself or derivative works with respect thereto, as the Website is protected by copyright.

You will not facilitate or encourage any violations of these Terms of Use or our policies. Dieline reserves the right to remove posts by, and accounts of, users of the Website who do not comply with these Terms of Use.

6. USER SUBMISSIONS

The Website may now or in the future permit the submission of content, audio, video, cartoons, or other information submitted by you and other users (“User Submission” or “User Submissions”) and the hosting, sharing, and/or commenting on such User Submission. User Submissions include any submissions that are made on the Website, including through your Dieline account user dashboard.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, or permissions to use and authorize Dieline, and its successors, licensees, and assigns (or any of the foregoing), to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of your User Submissions to enable inclusion and use of your User Submission in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Submission in the manner contemplated by the Website and these Terms of Use. For clarity, as between Company and you, you retain all of your ownership rights in your User Submission. However, by submitting the User Submission to Dieline through the Website, you hereby grant Dieline a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission in connection with the Website and Dieline’s (and its successors’, licensees’, and assigns’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submission through the Website, and to use, comment on, reproduce, distribute, prepare derivative works of, display and perform such User Submission as permitted through the functionality of the Website and under these Terms of Use.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary or intellectual property rights, including patent, trademark, privacy, and publicity rights, unless you are the owner of such rights, have permission from their rightful owner, or otherwise have the legal right to post the material and to grant Dieline all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Dieline or any third party; (iii) post advertisements or solicitations of business; or (v) impersonate another person. Dieline does not endorse any User Submission, including comments, or any opinion, recommendation, or advice expressed therein, and Dieline expressly disclaims any and all liability in connection with User Submission.

DMCA TAKEDOWN NOTICES: Given the volume and nature of User Submissions, Dieline cannot review each submission to ensure compliance with United States and global copyright laws. It is the policy of Dieline to respond to notices of alleged copyright infringement in compliance with the DMCA. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted 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;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Company to locate the material;
  • Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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 the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The United States Copyright Office provides basic information, online, at http://www.loc.gov/copyright/circs/circ1.html, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.

You acknowledge that if you fail to comply with all of the takedown notice requirements of this Section, your DMCA notice may not be valid. Upon proper service of a takedown notification as contemplated hereunder and in accordance with the DMCA, Dieline will respond expeditiously to remove or disable access to the allegedly infringing material.

7. MONITORING AND ENFORCEMENT; TERMINATION

Company reserves the right to: (a) remove or refuse to post any User Submission for any or no reason in its sole discretion; (b) take any action with respect to any User Submission that Company deems necessary or appropriate in its sole discretion, including if it believes that such User Submission violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (e) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Dieline will terminate a User’s access to the Website if such User is determined to be a repeat violator of these Terms of Use. Company also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use. Dieline may remove such User Submission and/or terminate a User’s access for material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

Without limiting the foregoing, Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

8. CONTENT GUIDELINES

These Content Guidelines apply to all User Submissions and use of any interactive component of the Website. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not: (a) contain material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, in Company’s sole discretion; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) promote any illegal activity, or advocate, promote, or assist any unlawful act; (f) impersonate any person, or misrepresent your identity or affiliation with any person or organization; or (g) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

9. RELIANCE ON WEBSITE INFORMATION

The information presented on or through the Website is made available solely for general information purposes. Dieline does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of the Website’s contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Website contains links to third-party sites and resources, which are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the contents of such third-party sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your access of any of the third-party websites linked to this Website is at your own risk and subject to the terms and conditions of use for such websites.

11. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DIELINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DIELINE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OFFENSES TAKEN, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS LINKED TO, POSTED, UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WEBSITE. DIELINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DIELINE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL DIELINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS UPLOADED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIELINE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DIELINE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Dieline from its facilities in the United States of America. Dieline makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You understand that when using the Website, you will be exposed to content from a variety of sources, and that Dieline is not responsible for the message, accuracy, usefulness, safety, or appropriateness of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Dieline, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. Dieline permits you to link to materials on the Website for personal, non-commercial purposes only.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Dieline, its affiliates, officers, directors, employees, and agents, 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 Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submission caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

14. CAPACITY; NOT INTENDED FOR CHILDREN

You affirm that you are either 18 years of age or above, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not directed toward nor intended for children under 13. If you are under 13 years of age, then please do not use the Website.

15. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dieline without restriction.

16. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed and construed in accordance with the internal laws of the State of California, without effect to any choice or conflict of law provision or rule. You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Dieline, either specific or general, in jurisdictions other than California. Any claim or dispute between you and Dieline that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California.

YOU AND DIELINE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. ENTIRE AGREEMENT

These Terms of Use, together with the Privacy Policy at http://www.thedieline.com/privacy and any other legal notices published by Company on the Website, shall constitute the entire agreement between you and Dieline concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If you believe that any use of intellectual property on the Website violates your copyright, please provide the following information, in writing, to the Copyright Agent for Dieline at [email protected]:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the alleged infringing activity and where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner’s behalf.

CONTACT US:

Dieline Media, LLC
[email protected]

Last Modified: June 2024
Copyright © 2024, http://www.thedieline.com.