Home Terms of Usage
Terms of Usage
1. Service Content, Ownership, Limited License, and Rights of Others
A. Content: The Service contains a variety of: (i) materials relating to Diamond TV and the Service, and other items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Diamond TV (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”)
B. Ownership: As between Diamond TV and you, Diamond TV owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the Service and Content. You acknowledge Diamond TV’s valid intellectual and proprietary property rights in the online services and Content. Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to the online services or Content or to any portion thereof.
C. Limited License: Your use of the Service is limited to the access, viewing and downloading of Content, all solely as authorized by Diamond TV Subject to your strict compliance with these Terms on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. This limited license may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice to you.
D. Rights of Others: In using the Service, you must respect the intellectual property and other rights of Diamond TV. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
2. Content You Submit and Community Usage Rules
General: Diamond TV may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, links to other websites, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Diamond TV Licensed Elements included therein, “User-Generated Content”). Diamond TV may allow you to do this through forms on the Service, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
Non-Confidentiality of Your User-Generated Content: You agree that (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) Diamond TV does not assume any obligation of any kind to you or anybody else with respect to your User-Generated Content. If we ask you for it, you will give us with any documents to support you have the rights to User-Generated Content and to verify your compliance with these Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you submit any User-Generated Content at your own risk.
In your communications with Diamond TV, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, Diamond TV retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Diamond TV’s receipt of your Unsolicited Ideas and Materials is not an admission by Diamond TV of their novelty, priority, or originality, and it does not impair Diamond TV’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. If we request you to submit materials either via a contest, sweepstakes or call to action, you understand that your ideas may be used in any and all media and there is no agreement to pay for these ideas, regardless of any industry custom and practice and such ideas will be treated as your User-Generated Content under these Terms.
License to Diamond TV of Your User-Generated Content: You grant Diamond TV the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also grant to Diamond TV the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You agree that you will not receive any payment from Diamond TV for any of the rights granted in this Section 2(A)(iii).
Diamond TV’s Exclusive Right to Manage Our Service: Diamond TV may, but will not have any obligation to, review, monitor, display, post, and store, maintain, accept, or otherwise make use of, any of your User-Generated Content. Diamond TV may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability. We have no obligation to use, archive or retain your User-Generated Content.
Representations and Warranties Related to Your User-Generated Content: Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside, and you are the parent, legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Diamond TV the rights to it that you are granting by these Terms, all without any Diamond TV obligation to obtain consent of any third party and without creating any obligation or liability of Diamond TV; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms.
Enforcement: Diamond TV has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf.