DLA, Inc. ("DLA," "we", "us") provides an online streaming video on demand ("VOD")
service offering a selection of movies, television shows, clips and other audiovisual content (collectively, the "Content") through the www.clarovideo.com website, (the "Site"), our software player for viewing the Content ("Video Player"), and certain mobile applications that allow you to access the Content (collectively, "Service" or "Services"). These detailed terms and conditions, which include our Privacy Policy and End User License Agreement ("EULA") (collectively, the "Terms of Use" or the "Agreement"), govern your use of the Services (including access to the Content). It is therefore important that you read and understand these Terms of Use.
To access and enjoy the Services, you must agree to and at all times follow the provisions set forth in these Terms. By using the Services (including accessing any Content) you accept and agree to be bound by these Terms of Use. Please take a moment to carefully read through these Terms of Use. If you do not agree to these Terms of Use, you should not use the Service.
We require registration to access the Service. All registration information you submit must be accurate and updated. Please keep your password confidential. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us immediately as soon as you know of, or suspect any unauthorized use of, your account by contacting us at abuse@clarovideo.com. Please also make sure to keep your registration information (e.g., email address) updated in case we need to contact you by visiting the "My Account" page. Where possible, users of public or shared devices should log out at the
completion of each visit. If you sell or return a computer or device, you should log-out and deactivate the device before doing so. If you fail to log out and deactivate your device, subsequent users may be able to access your account information.
In order to provide you with ease of access to your account and to help administer the Service, DLA may implement technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Service. You can choose not to take advantage of this feature on your computer when you login on the Site.
Once registered, we offer various levels of the Service, including subscription VOD services available on an "all you can eat" basis and transactional VOD services through which certain Content can be accessed on a per title basis by paying a single fee to access such title. As discussed further below in Section 8, you may also be able to access some free content if you are a subscriber to a telecommunications service that offers such content through the Service as part of an existing bundle of services. References to "Services" or the "Service" throughout these Terms of Use are intended to include all Services.
DLA may amend these Terms of Use (including the Privacy Policy and EULA) at any time in its discretion, with or without notice to you, effective immediately by posting the amended Terms of Use on our Site. The most current version of these Terms of Use can be reviewed by visiting our Site and clicking on "Terms of Use." The most current version of the Terms of Use will supersede all previous versions. You may also be asked to re-acknowledge and re-accept this Agreement following any material changes.
You must be 18 years of age or older to become a member of the Service and engage in transactions through the Services. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the Service, they may do so only with the consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use, the Privacy Policy, and any other posted terms. While DLA does distribute Content that may be watched by children, the Service is targeted to a general audience and is not intended to be purchased or used by children, without involvement, supervision, and approval of a parent or legal guardian.
Account owners who wish to limit the maturity level of certain Content viewable by other household members (e.g. available for their children) can go to the "Change parental control setting" link on the "My Account" page of the Site and set parental controls. Setting a parental control restriction will block Content with more mature ratings from streaming online, and will prohibit previews for the restricted Content from displaying, but will still show the title, title art of the Content, and the synopsis. The restriction on watching these titles can be overridden on a title-by-title basis when you access your account and enter the Account Owner's password. If you override the restrictions in this manner, you can watch a title with a more mature rating. We reserve the right to modify or remove the parental controls feature at any time without notice.
You are hereby granted a non-exclusive, non-transferable limited license to access the Service, including accessing and viewing the Content, on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms of Use. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
DLA does not promote, condone, or allow the copying of any movies, television shows or other digitally delivered content, or any other infringing activity. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means: (i) remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms; and (ii) copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, distribute, transmit, display, perform, reproduce, broadcast, duplicate, publish, license, create derivative works from, or offer for sale any Content or other information contained on or obtained from or through the Service, without our express written consent. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by DLA in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by DLA. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by DLA in writing.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, software, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, embedding, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii)
having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality. You also may not access the Services through any other video player software other than the DLA Video Player.
DLA is an online service providing its members with access to Content streaming over the
Internet to certain devices. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Service. Any description of how our Service works should not be considered a representation or obligation with respect to how the Service will always work. We are constantly making adjustments to our Service and often these adjustments may not be captured within these Terms of Use.
The availability of Content will change from time to time, and from country to country. In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Content may not be watched, or may cease to be available for watching instantly, through our Service on some or all devices. The quality of the display of the streaming Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available and/or speed of your Internet connection. You must be connected to the Internet at all times to watch the Content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. DLA makes no representations or warranties about the quality of your watching experience.
You acknowledge and agree that devices to be used with the Service are manufactured and
sold by entities other than DLA. A device is any electronics equipment that is authorized to decode and capable of decoding movies & TV shows that are transmitted over the Internet through the Service. AS SUCH, WE DO NOT TAKE RESPONSIBILITY FOR OR OTHERWISE PROVIDE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service. Additionally, you agree that for various reasons, such as restrictions from content providers and other limitations from third parties, certain Content that may be accessible through certain devices may not be accessible through other devices. The users with unauthorized devices will be blocked from accessing the Content. You also agree that the number of devices through which you may watch Content may change based on restrictions from content providers and other third parties imposed from time to time, but at no time will you be restricted from accessing Content on less than three (3) devices registered to your account. YOU WILL BE
ALLOWED TO WATCH CONTENT SIMULTANEOUSLY ON ONLY ONE DEVICE AT ANY GIVEN TIME. Users will be allowed to change up to one device per month.
You may watch Content through the Service only in geographic locations where we offer our Service. The Content that may be available to watch will vary by geographic location. DLA will
use technologies to verify your geographic location, and may block certain content based on its good faith determination of your location.
DLA's streaming software is developed by, or for, DLA and is designed to enable streaming of Content from the Service to devices. This software may vary by device and medium, and functionalities may also differ between devices. For example, this software may be embedded in a device or we may offer this software to be downloaded onto a device such as a tablet or mobile phone. This software is licensed to you by DLA pursuant to these Terms of Use and solely for the purpose of using the Service and for no other purpose whatsoever. WE DO NOT PROVIDE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or create derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and DLA reserves the right to not provide the software
(including updates) to you at any time and to discontinue the ability to access the Service through such software at any time, without prior or any notice. We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that the operation of our Service and the associated software will not damage or disrupt other software or hardware.
BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE DLA SOFTWARE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE DLA AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.
The Service, including all Content, software, user interfaces, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software included on the Site and/or delivered to users as part of the Service (the "DLA IP"),
is the property of DLA or its licensors or content providers and is protected by United States and international copyright, trademark, trade secret or other intellectual property laws and treaties. Any DLA IP that is a trademark, logo, or service mark is also a registered or unregistered trademark of DLA or others. Your use of any DLA IP, except as provided in these Terms of Use, without the written permission of the owner of such DLA IP is strictly prohibited. You are also advised that DLA will aggressively enforce its intellectual property rights to the fullest extent of the law. For purposes of clarification, you may not, without express written consent purchase search terms or use any meta-tags or any other "hidden text" utilizing the DLA IP. Any images of persons or personalities contained on the Site and in connection with user interfaces are not an indication or endorsement of DLA or any particular product or our service unless otherwise indicated.
The following Rules of Conduct apply to the Site and Services. You agree that you will not utilize the Site and Services in a manner that:
We cannot and do not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You can find the specific details regarding your membership with DLA at any time by visiting our website and clicking on the "My Account" link. We may offer a number of membership plans with different limitations. Some of these memberships are offered by third parties in conjunction with the provision of their own products and services. For example, subscribers of a telecommunications platform may be able to access some parts of the Service for free as part of their existing bundle of services. We are not responsible for the underlying products and services provided by such third parties to which you have separately subscribed or enrolled. We reserve the right to modify, terminate or otherwise amend our offered membership plans. We may
change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes. However, we may not always be able to notify you of changes in any applicable taxes.
From time to time, we may provide you with free trials, free Content, and other special offers. To use these offers, you must have Internet access, and you may be required to have a current valid accepted payment method as indicated during sign-up ("Payment Method") to use the offer. Depending on the offer you choose, we may begin billing your Payment Method for monthly membership fees at the end of the free trial period or promotion, unless you cancel prior to the end of the period. You agree that your Payment Method may be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial
period. You may not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel (see "Cancellation" below). Such free-trial offers may also be subject to additional terms and conditions provided to you during sign-up.
By starting your DLA membership, you are expressly agreeing that we or any payment agents
of ours are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Service, including any applicable taxes, to the Payment Method you provided during registration. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership or your Payment Method fails or expires. Visit our Site and click on the "Your Account" page to see the commencement date for your next renewal period. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and
credit card issuers for details. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, upon the end date of your existing renewal period, you will be required to create a new membership to begin using the new Payment Method.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision
to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR SHOWS.
Your VOD "all you can eat" subscriptions will continue in effect on a month-to-month basis unless and until you properly cancel your subscription in accordance with this Terms of Use or the account or service is otherwise suspended or discontinued pursuant to these Terms of Use. You may cancel a premium Service subscription and continue using one of the basic Services. You must cancel your applicable Service subscription before it renews each month in order to avoid the next month's billing. TO CANCEL YOUR SUBSCRIPTION, CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY PAGE OF THE SITE AND FOLLOW THE CANCELLATION INSTRUCTIONS. PLEASE NOTE THAT WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY MEMBERSHIPS CANCELLED MID-PERIODS OR FOR UNWATCHED MOVIES OR SHOWS.
We reserve the right to immediately terminate, suspend or otherwise restrict your account or your use of the Services or access to Content at any time, without notice or liability, if DLA determines in its sole discretion that you have breached these Terms of Use, violated any law,
rule or regulation, engaged in other inappropriate conduct, or for any other business reason, including if your use of the Services or access to Content places an undue burden on our networks or servers. DLA will not be liable to you for any modification, suspension, or discontinuance of the Services, although DLA may, in its sole discretion, provide you with a credit, discount or other form of consideration (for example, we may credit additional days to your account) in accordance with these Terms of Use. However, if DLA terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms of Use, then you will not be eligible for any such credit, refund, discount or other consideration.
7.7 Unpaid Amounts. It is important that each user of the Service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection thereto. You will remain liable to DLA for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and court costs.
For information about DLA's policies and practices regarding the collection and use of your personal information, please read DLA's Privacy Policy located at [____]. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your use of the Services is governed by our Privacy Policy in effect at the time of your use. Any personal information submitted through the Service is subject to our Privacy Policy.
The Service may allow you and other third parties to publish, transmit, submit, or otherwise
post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material") concerning certain Content distributed by us. You must not Post User Material that: (i) violates the rules of conduct set forth above; (ii) improperly claims the identity of another person; or (iii) is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant DLA the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material.
DLA does not endorse any User Material and User Material that is Posted does not reflect the opinions or policies of DLA or its shareholders, directors, officers, or employees or licensors. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other reason, without notice. Further, DLA will remove any User Material if we are properly notified that such User Material infringes on another person's rights. In no event does DLA assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against DLA with respect to such User Material. You can help us by notifying us of any inappropriate User Material you find. If a "report" feature through the Services is not available for a specific instance of inappropriate User Material, please email us at abuse@clarovideo.com (subject line: "Inappropriate User Material").
Please note that we use your email address as your user ID and you consent that this information shall be deemed to be public information and will appear to the public each time you Post. We advise that you do not include additional personal information, such as your first and last name, telephone number, or street address in your Posts.
By Posting User Material, you grant DLA a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User
Material through and in connection with the Service worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to DLA is non-exclusive, fully-paid, royalty-free and sublicensable. By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms of Use.
If we provide links to other websites, you should not infer or assume that DLA operates, controls, or is otherwise connected with these other websites or destinations. Please be careful to read the terms of use and privacy policy of any other website before you provide any personal information or engage in any transactions. DLA is not responsible for the content or practices of any website other than the Site, even if the website is operated by a company affiliated or otherwise connected with DLA. By using the Service, you acknowledge and agree that DLA is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site and then only to the extent provided for herein.
DLA takes no responsibility for advertisements or any third party material posted on the Site, nor does it take any responsibility for the products or services provided by advertisers. Any dealings
you have with advertisers found while using the Services are between you and the advertiser, and you agree that DLA is not liable for any loss or claim that you may have against an advertiser.
You may encounter third-party applications (including, without limitation, social networking websites, widgets, software, or other software utilities) ("Applications") that interact with the DLA
service. These Applications may import data related to your DLA account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and unless noted otherwise by DLA, DLA is not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY DLA AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use DLA trademarks. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your DLA account. By using such Applications, you
acknowledge and agree to the following: (i) if you use an Application to share information relating to your DLA account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personal information, including information about your Content viewing history, to be publicly disclosed and/or associated with you, even if DLA has not provided such information; (iii) with your consent, DLA may send information about you to these social networking services, including information about the Content you view and your activities on the Services; and (iv) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold DLA harmless for the sharing of information relating to your DLA account that results from your use of an Application. The Application's end user license agreement, terms of use, privacy policy and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application's access to your DLA account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not DLA, unless otherwise indicated by DLA. DLA DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE SITE, THE CONTENT, THE VIDEO PLAYER, THE SOFTWARE, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DLA DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. IN NO EVENT SHALL DLA, AMÉRICA MÓVIL, S.A. DE C.V OR THEIR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "DLA PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS
OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE DLA SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE DLA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE OR THE AMOUNT OF $50 (WHICHEVER IS LESS). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MIGHT NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE DLA PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). DLA RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
It is DLA's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. DLA's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any DLA creative work, including a film, series, story, title, or
concept, would be purely coincidental.
If you believe that any Content, User Material, or other material provided through the Service, including through a link, infringes your copyright, you should notify DLA of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that DLA receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to DLA's copyright agent at dmca@clarovideo.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
DLA, Inc.
1550 Biscayne Boulevard, Ground Floor
Miami, FL 33132
Facsimile: (305)-894-3544
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service that is reasonably sufficient to enable DLA to identify and locate the material; (iv) how DLA can contact you, such as your address, telephone number, and email address; (v) 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; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are or are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to dmca@clarovideo.com for purposes other than communication about copyright infringement may not be answered. DLA has a policy of terminating repeat infringers in appropriate circumstances.
You and DLA agree that any and all disputes, claims or controversies arising out of or relating in any way to the Service, including our Site, Content, Video Player, user interfaces, these Terms of Use (including the EULA and Privacy Policy), and the validity, enforceability, scope, or applicability of this arbitration provision (Section 14 of the Terms of Use) ("Arbitration Provision"), shall be determined by binding arbitration instead of in courts of general jurisdiction. By agreeing to these Terms of Use, you agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Provision, and that you and DLA are each waiving the right to a trial by jury or to participate in a class action. Any election to arbitrate by one party shall
be final and binding on the other. This Arbitration Provision shall survive termination of the Terms of Use and the termination of your DLA membership.
If you elect to seek arbitration, you must first send to DLA, by certified mail, a written Notice of your claim ("Notice"). The Notice to DLA should be addressed to: General Counsel, DLA, Inc., 1550 Biscayne Boulevard, Ground Floor, Miami, FL 33132 ("Notice Address"). If DLA elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by DLA, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If DLA and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or DLA may commence an arbitration proceeding or file a claim in small claims
court. During the arbitration, the amount of any settlement offer made by DLA or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after DLA receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Use and Arbitration Provision. Unless DLA and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of DLA's last written settlement offer made before an arbitrator was selected (or if DLA did not make a settlement offer before an arbitrator was selected), then DLA will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment
of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU ACKNOWLEDGE AND AGREE THAT (1) NO ARBITRATION SHALL BE JOINED WITH
ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
These Terms of Use shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to conflicts-of-law principles thereof. The exclusive jurisdiction for any claim, action or dispute with DLA or relating in any way to your use of the Services will be in the District of Delaware, provided that this Arbitration Provision shall be governed by the Federal Arbitration Act. To the extent that the arbitrator determines that any portion of this Arbitration Provision is unenforceable, the remainder of this Arbitration Provision shall remain binding on both parties.
By using the Service, you consent to receiving electronic communications from DLA. These communications may include notices about your account, confirmation e-mails and other
transactional information, and information concerning or related to our Service, and may include newsletters and promotional communications from us if you have chosen to receive such communications during sign-up and have not opted out. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to update your personal information immediately upon any change to your email address.
DLA does not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies and television shows, delivery,
and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Please note that these Terms of Use, including DLA's Privacy Policy and End User License Agreement which are incorporated in these Terms, constitute the entire legal agreement between you and DLA and govern your use of the Services (including your use of the Content)
(but excludes any services, if any, that DLA may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and DLA in relation to the Services. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. In the event of any termination, whether by you or us, Sections 1.3, 3.3-3.5, 4.2, 4.5, 5-7, 9.3, 10.3, 11, 12, 14, and 15 of these TOU will survive and continue in full force and effect.