This is a legal agreement between you and DVRSN (A property of Diversion Enterprises, LLC) stating the terms that govern your use of the DVRSN Service. In order to use the DVRSN Service you must accept these terms. For the purpose of this agreement “you” and “your” refers to the user of the DVRSN Service. “We”, “us” and “our” refer to DVRSN (henceforth being referred as DVRSN).
Description of Service
DVRSN is an online entertainment service (“Service”) provider that permits you to stream digital content, including but not limited to audiovisual programs, movies, music videos, linear television channels, events, soaps, serials, trailers and other audio visual programs. (“Content”) This Service is available at a cost under certain Terms and Conditions as set forth in this Agreement.
Age Requirements for the Use of Service
If you are under the age of 18, you should review these terms of Service with your parent/guardian to make sure that you and your parent/guardian understands these terms and conditions. Purchase of the Service by you would require an authorized credit card holder (parent/guardian) to take responsibility and liability for payment of the Service used.
Use of the Service to access Movies or Music Videos/Audios requires a compatible device, Internet access (fees may apply), certain software (fees may apply) and may require obtaining updates or upgrades from time to time. Since the use of the Service involves hardware, software and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access/Broadband is strongly recommended.
DVRSN provides you a license to use its Service in accordance with the terms of this agreement. You have a non-exclusive, non-transferable, limited right to use the DVRSN Service and you cannot transfer or assign your rights to someone else. DVRSN reserves the right to transfer its rights and obligations from this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in this agreement.
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. You agree to use the Service at your sole risk and that DVRSN shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.onable Material
Changes, Interruptions or Discontinuation of Service
You acknowledge that some aspects of the Service, Products and administration of the Usage Rules entails the ongoing involvement of DVRSN. Accordingly, in the event that DVRSN changes any part of the Service or interrupts or discontinues the Service, which DVRSN may do at its discretion, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation and that DVRSN shall have no liability to you in such case.
Intellectual Property Rights
(a) Acknowledgement of Ownership You agree that the Service, including but not limited to graphics, audio and film clips, and editorial content, contains proprietary information and material that is owned by DVRSN and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
(b) Removal /Change of DVRSN Content or Other Materials DVRSN reserves the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will DVRSN be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. DVRSN may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
(c) Copyright All copyright in and to the Service, including but not limited to the DVRSN Products (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), audio visual clips, films, graphics, images, animations, illustrations, editorial content and software are owned by DVRSN and/or its licensors. Any duplication or use of these in other electronic or printed publications is not permitted. The use of the software or any part of the Service, except for use of the Service as permitted in these terms of Service, is strictly prohibited and infringes on the intellectual property rights of DVRSN and/or its licensors. Infringement of these copyrights may subject you to civil and criminal penalties, including possible monetary damages.
(d) Trademarks DVRSN, the DVRSN logo and other DVRSN trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of DVRSN in the USA and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Termination of Agreement
(a) Termination by DVRSN If you fail, or DVRSN suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide DVRSN with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, DVRSN, at its sole discretion, may:(i) Terminate this Agreement and/or your Account and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or(ii) Terminate the license to the software; and/or(iii) Preclude access to the Service (or any part thereof).DVRSN may or may not give you a notice in case of such termination.
(b) Termination of the Service DVRSN reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you and DVRSN will not be liable to you or to any third party should it exercise such rights.
General Compliance with Laws
The Service is controlled and operated by DVRSN from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances and regulations that apply to your use of the Service.
Enforcement of Terms
DVRSN reserves the right to take whatever steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to DVRSN’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that DVRSN has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as DVRSN believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to DVRSN’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
No Responsibility for Third-Party Materials or Web Sites
Certain content, products and services available via the Service may include materials from third parties. In addition, DVRSN may provide links to certain third party websites. You acknowledge that DVRSN is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. DVRSN does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
Waiver and Indemnity
By using the Service, you agree to indemnify and hold DVRSN, its directors, officers, employees, affiliates, agents, contractors and licensors, harmless with respect to any claims arising out of your breach of this agreement, your use of the Service, or any action taken by DVRSN as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from DVRSN, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of DVRSN’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
Changes in Agreement
DVRSN reserves the right, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service, at any time. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the DVRSN following such incorporation will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
DVRSN may send you notice with respect to the Service by sending an email message to the email address listed in your DVRSN Account contact information. Notices sent via e-mail shall become effective on the next working day. Notices to DVRSN must be sent to email@example.com and all notices must clearly bear your name, account name, address, telephone number and e-mail.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws and all actions arising out of or related to this Agreement shall be brought in the appropriate state or federal court located in Los Angeles County, State of California. The foregoing choice of law and selection of venue is intended to be made to the exclusion of all other law and venue.
Upon the termination of this agreement as per the provisions of these terms, Sections 11, 14, 16, 20, 21, 24 and 25 of this agreement shall prevail & survive such termination.
(a) These Terms of Service constitute the entire agreement between you and DVRSN and govern your use of the Service, superseding any prior agreements between you and DVRSN. In order to use the DVRSN Service you must accept and abide by these terms as presented to you. Changes, additions, or deletions are not acceptable and DVRSN may refuse access to its Service for non-compliance with any part of this agreement.
(b) You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
(c) The section headings appearing in this Agreement do not limit, define or construe the scope of such sections. The headers are provided are only for the ease of understanding.
If any part of these Terms of Service is held invalid or unenforceable, the content or validity of the other parts will remain uninfluenced and shall continue to be effective.
No Trial by Jury
By entering into this agreement you waive your rights to a trial by jury for any legal proceedings with DVRSN.
DVRSN will make every effort to ensure the Content reaches you, but sometimes this may be affected by things that we cannot control, for example, interruptions to our Service by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labour dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond our control. DVRSN will not be liable for any delay caused by Force Majeure.