Welcome to Dress Hunt! Throughout the site, the terms “Dress Hunt”, “DH”, “we”, “us” and “our” refers to Dress Hunt, LLC. We offer this Platform (as defined herein), including all information, tools and services available from this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Platform, using the site, services, and tools therein, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, sponsors, customers, merchants, Purchasers, Sellers, any other user of the Services authorized by a User (i.e. employee) and/ or contributors of Content (“Users”).
Please read these Terms carefully before accessing or using our website. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you do not agree to all the terms and conditions of these Terms, then you may not access the website or use any services.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Platform. It is your responsibility to check this page periodically for changes. Your continued use of the Services or access to the Platform following the posting of any changes constitutes acceptance of those changes.
1. Our Services
DH has developed and designed a bridal fashion destination, marketplace and platform (the "Platform") empowering brides to shop the way they want by connecting them with designers, tailors, boutiques and other bridal fashion resources.
ii. DH enables Purchasers to browse listings, enabling them to view where items are able to be shopped in-store, or discover alternative shopping methods (i.e. virtual appointments or try on at home), and/or directly purchase dresses and/or other bridal products directly on-line from the designer through the DH Marketplace.
iii. DH may use or incorporate third party companies to provide some or all parts of the Platform, software, applications, products or services hereunder (collectively, “Third Party Service Providers”) as part of the Services provided hereunder.
ii. Purchasers may browse products advertised on the Platform and communicate with Sellers to set up appointments for viewings, showings etc. at boutiques or designer locations. Purchasers may also elect to purchase ready-to wear products from Sellers through the DH Marketplace.
iii. All features, Content, availability, specifications, products and prices of products described or depicted within the Platform are subject to change at any time without notice.
c. DH Marketplace
ii. Orders will be shipped to the address designated by you, as long as such shipping address is compliant with the shipping restrictions contained within the Platform.
iii. All listed products are subject to return or exchange only according to our Returns & Exchanges Policy. In general, all ready-to-wear items have a fifteen (15) day return policy. In general; and unless explicitly stated otherwise, all sales are final for any made-to-order or bespoke items.
iv. Certain products may have limited quantities. The inclusion of any products at a particular time does not imply or warrant that these products will be available at any time.
v. Confirmation, Cancellation and Coupons. While it is DH’s practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. DH reserves the right, without prior notice and at any time: (a) to refuse fulfillment of any order or to any Purchaser; (b) to discontinue any product or service; (c) to bar any User from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order. Partial shipment or partial cancellation of orders may occur.
ii. “DH Marketplace” means the on-line store hosted by DH where Sellers can provide listings of products for sale and Purchasers may purchase such products from the Sellers.
iv. “Purchasers” means a User that is using the Platform for certain activities including, but not limited to: browsing listings, making an appointment to view or try on a product, or have a product fitted, placing an order through the DH marketplace, etc.
v. “Sellers” means a User that is a vendor of products, goods or services, and/or is using the Platform for certain activities including, but not limited to: advertising or marketing its products and services, selling directly to potential Purchasers through the DH marketplace.
vi. “Content” means all information, photos, documents, messages, queries, and any other text, content, or data that a User submits, makes available or uploads to the Platform or otherwise provides to DH for use with the Services.
a. In order to use certain of the Services, you may be required to create an account (“Account“). You agree to and provide accurate, current and complete information and maintain and promptly update your Account information as necessary to maintain its accuracy. DH reserves the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information. In certain instances, DH may require proof of identity to create or access an Account, or to access or use the Services, and you acknowledge and agree that you or your authorized Users may be denied access or use of the Services if you or your authorized Users refuse to provide such proof.
b. You may control certain aspects of your Account, messages you receive and how you interact with the Services by changing the settings in your Account. By accessing the Services and/or setting up an Account, you consent to having these Terms provided to you in electronic form and that all Terms, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for our Services or provide any contact information, including an email address or cellphone number in connection with that activity, or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. If you do not want to receive such messages, you may opt out or change your preferences in your Account settings page. Opting out may prevent you from receiving certain messages regarding updates, improvements, or offers.
c. You are solely responsible for all activity that occurs when the Services are accessed through your Account. You acknowledge and agree that you are solely responsible for ensuring that any User of your Account understands and is aware of these Terms, and that no person who is not an authorized User be allowed access to the Services. You must notify DH immediately of any breach of security or unauthorized use of your Account. DH will not be liable for any losses or damages arising from your or your authorized Users’ failure to protect your password or Account information and/or caused by any unauthorized use of your Account.
a. Responsibility for Content. You are solely responsible for any and all Content, which you or your authorized Users submit, make available, or publicize through the Platform. You represent and warrant that all of your Content is accurate and not misleading and is not in violation of any third party rights. Prior to submission, you must have obtained all necessary rights and licenses in all elements of your Content. Other than your Contact Information or other personal information, your Content is not confidential or privileged, and you waive rights of privacy or publicity in connection with your Content.
b. Permitted Content. You will not use the Platform to upload, download, display, perform, transmit, or distribute any Content that is, nor will you engage in any activities that are deceptive, abusive, threatening, tortious, or to transmit malicious code, viruses, time bombs, Trojan horses, or similar mechanisms, scripts, agents, bots or programs. You further agree that you will not submit any Content that contains Prohibited Materials. “Prohibited Materials” means, as determined in DH’s sole discretion,
(ii) materials communicating hate or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
(iii) materials promoting illegal activities;
(iv) profane or obscene language,
(v) materials that infringe or violate the rights of others (including copyright, trademark, trade secret, privacy and/or publicity rights),
(vi) defamatory, libelous, obscene, offensive or harmful material,
(vii) materials that violate any Applicable Laws, or DH’s Policies and Procedures, and
(xi) materials that otherwise violate this Agreement.
c. Accuracy of Content. Any information or Content that you obtain or receive from our partners, sponsors, advertisers, sellers or otherwise through the Services, is for informational, scheduling and shopping purposes only. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the products listed by sellers and ensure that information is complete, accurate and up-to-date. Despite our efforts, the information provided within the Services may occasionally be inaccurate, incomplete or out-of-date. We have made every effort to display as accurately as possible the color of the products. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the products upon delivery. We make no representation as to the completeness, accuracy or currency of any information within the Services. For example, products may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated. In the event of a pricing error or discrepancy with respect to products, we reserve the right to cancel any orders (or partial orders) for such products.
d. Use of Content. The Platform may provide Users with the ability to send email messages to other Users and non-users and to post messages. You must evaluate, and will bear all risks associated with, the use of or reliance on Content obtained through the Platform. We are under no obligation to review any Content (including any messages) posted on or sent through the Platform by Users; we will not pre-screen or actively review Content but we may refuse or delete any Content of which we become aware that fails to fulfill the purpose of the Platform, is in breach of these Terms, is contrary to law, or is otherwise inappropriate in our discretion. Under no circumstances will we be liable in any way for any Content posted by users of the Platform, including, but not limited to, liability for any errors, inaccuracies, or omissions therein, or for any loss or damage of any kind incurred as a result of the use thereof. We will have no obligation or liability to you to maintain, store, or license any Content.
e. Rights in Submissions.
ii. With respect to any Content you submit or make available through the Platform (other than personal or Confidential Information), you grant to DH a perpetual, irrevocable, non-terminable, worldwide, royalty-free, nonexclusive, sub-licensable, right and license to use, copy, modify, create derivative works from, display and distribute, via any present or future medium, your content in order to provide the Platform and Services. Certain content (excluding any personal or Confidential Information) transmitted to certain parts of the Platform, may be posted in public areas on the Platform, including without limitation in a compilation format, and as such will be publicly visible and accessible.
4. Services Rules
a. You agree to not access or use the Services for any purposes other than those specifically permitted.
b. You agree not to engage in any of the following prohibited activities:
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services;
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to remove, circumvent, disable, damage or otherwise interfere with, security-related features of the Services, features that prevent or restrict use or copying of any Content accessible through the Services, or features that enforce limitations on use of the Services;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Services;
(vii) collecting or harvesting any personally identifiable information, including account names, from the Services;
(viii) using the Services for any commercial solicitation purposes other than those explicitly permitted;
(ix)impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity;
(x)interfering with the proper working of the Services;
(xi) accessing any Content on the Services through any technology or means other than those provided or authorized by the Services; or
(xii) bypassing the measures DH may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. c. Furthermore, you may not use the Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; and (E) is harassment or a violation of privacy or threatens other people or groups of people. d. The Services contain confidential and trade secret information owned or licensed by DH, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information.
5. Neutral Platform
a. Dress Hunt is a neutral venue. The Services are provided and function solely as a neutral platform and digital marketplaces to assist Sellers and Purchasers in locating and transacting with each other. You acknowledge that DH has no control over, and no duty to take any action regarding the services or products that are sold or purchased. DH has no control over the quality, safety, pricing or legality of any aspect of the products listed, the truth or accuracy of the listings, or the ability of Sellers to sell products or the ability of Purchasers to pay for products. DH does not pre-screen Users or the Content or information they provide. DH cannot ensure that a User will actually complete a transaction. DH is not involved in or a party to the actual transactions between Users. Any dispute a Purchaser has with a Seller is between the Purchaser and Seller, and DH will not be a party to that dispute. However, in DH’s sole discretion, if you are unable to resolve a dispute with another User, DH may use commercially reasonable efforts to mediate and arrive at a mutually agreed upon resolution. In addition, as part of the Services, Dress Hunt may, based on criteria you submit to us, provide recommendations on specific Sellers (“Concierge Services”). These recommendations are provided for informational purposes only, and any decisions to proceed with such Sellers are still at your own risk, and you should conduct your own due diligence on any Sellers you communicate with or buy from accordingly, whether selected through Concierge Services or not. b. No Agency or Endorsement. All of the Sellers are independent professionals and businesses, separate from DH, and they are solely responsible for the Content, information, assistance, products and services they provide to you. You expressly acknowledge and agree that Sellers are independent entities and not Dress Hunt’s contractors, agents or employees. We do not make any representations or warranties of any kind with respect to any Seller, nor shall Dress Hunt be deemed to endorse any Seller. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Seller, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We are not a party to any communications, meetings or transactions with a Seller (virtual or in-person), and we are in no way responsible for the services offered, products sold, performance or nonperformance of any Seller thereunder.
6. Proprietary Rights
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “DH Content”), and all intellectual property rights related thereto, are the exclusive property of DH and its licensors. Except as explicitly provided herein, nothing in these Terms 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 DH Content. Use of the DH Content for any purpose not expressly permitted by these Terms is strictly prohibited. These Terms do not provide you with title or ownership of any Services or DH Content, but only a limited right to use the same solely upon the terms expressly set forth in these Terms.
a. Payment Processor. DH uses a third-party payment processor (the “Payment Processor”) to handle credit card transactions through your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors, the acts or omissions by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms. You are responsible for any chargebacks and the associated costs that arise due to your acts or omissions.
8. Non-Circumvent Policy
You recognize that DH has proprietary relationships with its Sellers, Purchasers and other Users (the “Protected Parties”). You hereby agrees that you will not, directly or indirectly, contact, deal with or otherwise involve yourself with any Protected Parties introduced, directly or indirectly, by or through the Platform, for the purpose of such Parties’ avoiding the payment of the Commission to DH or otherwise, without the prior written approval of DH. You agree that your obligations in this Section are necessary and reasonable in order to protect DH and its business. Accordingly, you agree that, in addition to any other remedies that may be available, DH shall be entitled to seek injunctive relief against the threatened breach of this Section or the continuation of any such breach, without limiting any other rights and remedies to which DH may be entitled to at law or in equity
9. Returns and Exchange Policy
As it relates to users purchasing Product(s) from other users, the underlying default policy (as long as the Product’s condition was described accurately in the product listing), is that the purchase is non-refundable unless the Seller agrees to make an exception. Returns and exchanges are covered by DH’s Returns and Exchanges Policy, the most updated copy of which can be found at http://dresshunt.com/returns-exchanges.com. The Returns and Exchanges Policy does not cover the policies or practices exercised by any third parties that DH does not own or control (i.e. the dress shops and boutiques that Sellers may be working with or out of).
DH cares about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Services, content, materials and data therein from unauthorized access, use, modification, deletion and/or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. Third-Party Links and Information
The Services may contain links to third-party materials that are not owned or controlled by DH. DH does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that these Terms and DH’s Policies and Procedures do not apply to your use of such sites. You expressly relieve DH from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that DH shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
a. You agree that, as between DH and yourself, DH shall have sole and exclusive ownership of, and all right, title, and interest in and to the Services, and all modifications and enhancements of the Services (including ownership of all copyrights and other intellectual property rights), subject only to the rights expressly granted to you under this Agreement. This Agreement does not provide you with title or ownership of the Services or any part thereof, but only a limited right to use the same solely upon the terms expressly set forth in this Agreement. For the purpose of clarity, nothing provided by DH under this Agreement is to be considered a “work for hire” and DH does not convey, transfer or assign any right, title and interest it may have now or in the future acquire, including but not limited to all intellectual property rights, to you. b. Feedback. DH may use any reports, comments, ratings, reviews and suggestions in any form regarding the Services that you provide to DH (collectively, the “Feedback”). You grant DH a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback.
14. Confidential Information.
a. “Confidential Information” means any and all confidential or proprietary information regarding DH’s business which may include without limitation: (a) trade secrets; (b) ideas, samples, media, works of authorship, models, products and services (current, future, and proposed) experimental work, development, design details and specifications, financial information; and (c) all other information that a party knew, or reasonably should have known, was the Confidential Information of DH. DH’s Confidential Information shall not include information: (a) that was independently developed by you in a manner not otherwise in violation or breach of this Agreement; (b) that was rightfully known to you prior to receipt from DH; or (c) becomes generally available to the public or known to you by any means, including from a third party, not involving breach of an obligation of confidentiality with respect to such information. For the avoidance of doubt, all of our APIs, documentation, code, software, technologies, processes, data, and all other non-public information regarding the Platform are deemed to be Confidential Information of Dress Hunt. b. Obligations. You agree that at all times you will hold in strict confidence and not disclose to any third party any of the Confidential Information, except as approved in writing by DH, and will use the Confidential Information for no purpose other than as contemplated herein. You will protect the confidentiality of the Confidential Information with the same degree of care, but no less than reasonable care, as used to protect your own confidential information of a similar nature. You agree that, in addition to any other remedies available at law or in equity, DH shall be entitled to the issuance of injunctive relief to enforce the provisions hereof as well as seek specific performance, immediately and without the necessity of posting a bond.
15. Representations and Warranties.
You will indemnify, defend and hold harmless DH, and its directors, officers, employees, agents and representatives from and against any and all losses, damages, demands, claims, costs, penalties, injuries, interest, or expenses (including without limitation reasonable attorney fees and costs) (“Losses”) howsoever caused, directly or indirectly arising out of or relating to (i) the use or misuse of the Services or any portion thereof by you or any of your Users; (ii) any breach or alleged breach of any representations, warranties, obligations or responsibilities contained herein; (iii) the modification of the Services or any information contained therein, integration, alteration or the combination of all or part of the Services with any other software, program, product or device that is not expressly permitted; (iv) your negligence or misconduct; (v) any use of the services or products that cause injury or damage to yourself or a third party or (vi) your violation of Applicable Laws. This indemnification obligation will survive the termination of these Terms and your use of the Services.
17. Limitation of Liability
a. IF YOU ARE DISSATISFIED WITH THE SERVICES, PLATFORM, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE PLATFORM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND/OR PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DH, ITS AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF DH HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DH 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 OR USE OF OUR SERVICES OR PLATFORM; (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 SERVICES; (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 SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, 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 DH HEREUNDER OR $100.00, WHICHEVER IS GREATER. c. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. d. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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.”
18. Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of Pennsylvania. For any dispute, the parties agree to first attempt to resolve the dispute informally. In the event that the parties are unable to resolve a dispute after sixty (60) days, the parties agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief which may be brought in federal or state courts situated in Bucks County, Pennsylvania) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration under the Optional Expedited Arbitration Procedures then in effect for JAMS. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Bucks County, Pennsylvania, unless the User and DH agree otherwise. Each Party will be responsible for paying its applicable JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Nothing in this Section shall be deemed as preventing DH from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its confidential information, intellectual property rights or other proprietary rights. In the event any action is brought by DH to enforce any provision of the Agreement or to declare a breach of the Agreement, DH shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and we may deny you access to our Services (or any part thereof).
20. DMCA Notice
a. We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then you may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information: i. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material. ii. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. iii. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. iv. Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf. v. Include your name, mailing address, telephone number, and email address. You may submit your notification of alleged copyright infringement by sending us an e-mail with the subject line “Attn: Copyright Agent to firstname.lastname@example.org. b. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. c. Submitting a DMCA Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated Copyright Agent that includes all of the following information: i. Your physical or electronic signature; ii. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; iii. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and iv. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which DH may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
a. Notification Procedures and Changes to the Terms. DH 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 posting of such notice on our website, as determined by DH in our sole discretion. DH reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notifications. DH is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. DH may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services. It is agreed that no usage of trade or other regular practice or method of dealing between or among the parties to these Terms shall be used to modify, interpret, supplement, or alter in any manner the terms of these Terms. b. Geographical Restrictions. DH makes no representation that all Services and/or products described or available through the DH Platform are appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to access the Services and/or Platfom from locations outside the United States, you are responsible for compliance with local laws, if and to the extent local laws are applicable. c. Assignment. Neither party may assign their obligations or liabilities hereunder without the prior written consent of the other party. Notwithstanding the foregoing, DH may assign this Agreement to any successor in interest as a result of a merger or a stock or asset purchase. Any attempted assignment in violation of this provision shall be deemed void. This Agreement shall be binding upon and shall benefit the parties and their respective successors and permitted assigns. d. Electronic Communications. Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. All notices shall be effective upon the day following sending by electronic mail. e. Entire Agreement / Severability. These Terms shall constitute the entire agreement between you and DH concerning the Services. If any provision of these Terms 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, which shall remain in full force and effect f. No Waiver. No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term, and DH’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. g. Feedback. We may use any reports, comments, ideas and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services. h. Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of the Terms. Each capitalized term used in these Terms shall have the meaning attributed to it in any part of these Terms. i. Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of these Terms regardless of the cause of such termination.
These Terms were last updated on October 26, 2020