By registering, downloading, accessing or using DMDb, You agree to accept these Terms and agree to comply with them. In addition, as a condition of Your use of DMDb, You represent and warrant to Provider that You will not use DMDb for any purpose that is unlawful or prohibited by this Agreement. If You do not agree and accept these terms and conditions, Your use of DMDb is prohibited. Other than this Agreement, Provider will not enter into any Agreement with You or have any obligation to You with respect to DMDb and no attempt to create such an agreement will be effective.

By downloading or using DMDb, You acknowledge that:

1. You are 18 years old or older and have read and understand all of the terms and conditions of this Agreement or You are between the ages of 13 and 18 years old and Your parent or legal guardian has read and understands all of the terms and conditions of this Agreement;

2. You agree to be bound by all of the terms and conditions of this Agreement;

3. This Agreement is the legal equivalent of a signed, written contract between You and Provider; and

4. If You are downloading and/or using DMDb on behalf of an entity, You have full authority to bind said entity to all of these terms and conditions.

If You are not willing to be or cannot be bound by all of the terms and conditions of this Agreement, including without limitation the acknowledgements set forth in paragraphs 1- 4 above, You are not authorized to download or use DMDb, and Provider does not and will not grant You any right or license to download or use DMDb.

We reserve the right, in our sole discretion, to change, modify, add or otherwise alter these terms and conditions at any time. We will notify You of such changes, modifications and alterations in advance of their taking effect. Such changes, modifications and/or alterations are effective immediately upon their posting. Your continued use of DMDb will constitute Your consent to these new terms. You are responsible for periodically reviewing this page.

Except as expressly permitted by Provider in writing, You are granted a revocable, nonexclusive, non-transferable, non-sublicensable license to download and use DMDb and the DMDb content only for Your personal noncommercial use or for use in your professional capacity and not for resale or distribution to anyone else, in accordance with the terms of this Agreement. All other use is prohibited. You agree that DMDb and the DMDb Content are and remain the sole property of Provider.

Except as expressly permitted by Provider in this Agreement or otherwise in writing by Provider, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of DMDb or any of the DMDb Content, in whole or in part, in any form or by any means, whether manual or automatic. You shall not remove or alter any copyright notices, trademark designations or any other similar markings on any copy of DMDb or the DMDb content.

You acknowledge and agree that Provider is not obligated to provide support services related to DMDb (“Support Services”) unless required to do so by law. Provider retains the right in its sole discretion to provide Support Services which it may discontinue at any time in its sole discretion without prior notice to You. Neither Provider’s failure to provide nor failure to continue to provide Support Services shall be a breach of this Agreement. Any supplemental software code or other deliverable provided to You as part of any Support Services shall be considered part of DMDb and, as between You and Provider, shall be and remain the sole property of Provider and shall be subject to this Agreement. Provider may, in its sole discretion, condition the provision of Support Services upon the payment of a separate fee.

All right, title and interest in and to DMDb and the DMDb Content and all intellectual property rights embodied therein, including all copyrights and patents, are the property of Provider or its respective licensors, sources or suppliers and are protected by copyright, patent and other applicable laws and international treaties. Except as provided by this Agreement, Provider does not grant You any rights in or to DMDb or the DMDb Content. As between You and Provider, all title and intellectual property rights in and to DMDb and the DMDb Content are the sole and exclusive property of Provider. DMDb and the Content are to be used only for Your personal noncommercial or professional purposes in accordance with the terms of this Agreement. Any reproduction, retransmission or other use of DMDb or the Content is strictly prohibited, except as otherwise provided by this Agreement or by Provider’s or the Provider’s express written authorization.

Users of DMDb may be permitted to post content including, but not limited to, biographical information, production, directing and acting credits, videos, movies, photographs, live-streams, advertising, social media posts, messages and links to content located on third-party websites (“User Content”). As between You and the users who create or upload User Content, those users and their licensors are the exclusive owners of own all title and intellectual property rights in and to the User Content. Pursuant to this Agreement, You are granted a revocable, nonexclusive, non-transferable, non-sublicensable license to view the User Content for Your personal noncommercial use and not for resale or distribution to anyone else. All other use is prohibited. Except as expressly permitted by this Agreement, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the User Content, in whole or in part, in any form or by any means, whether manual or automatic. You shall not remove or alter any copyright notices, trademark designations or any other similar markings on any copy of the User Content.

By posting or uploading User Content on or to DMDb including, without limitation, on DMDb pages controlled by others, You acknowledge, warrant and agree that: You (i) grant Provider a worldwide, nonexclusive, royalty-free, transferable and fully sublicensable right to use, reproduce, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter created without attribution in connection with DMDb and Provider’s business; (ii) grant Provider the right to pursue at law any person or entity that violates Your and/or Provider’s rights in Your User Content; and (iii) grant Provider the right to use portions of Your User Content including, but not limited to, photographs of You, for the purposes of advertising and promoting DMDb and the services provided on and through DMDb (the “User Content License”). To the extent that Provider uses Your User Content in accordance with the User Content license granted herein, You shall not have the right to inspect and/or approve any use of the Your User Content.

You shall remain the owner of the copyright in and to Your User Content.

You further acknowledge and agree that (i) Your User Content is an original work of authorship and does not violate the copyright, trademark, patent or other intellectual property rights of any person or entity or otherwise infringe or interfere with the rights of others; (ii) that You own that User Content or You have received all necessary permissions, clearances from, or are authorized by, the owner of any part of Your User Content, including all music used and persons appearing in Your User Content, to upload, stream, display, distribute and publish Your User Content and grant the User Content License; (iii) that Your User Content is non-confidential and does not contain proprietary information unless you are authorized or you’ve been authorized to share such content; and (iv) with respect to another’s person’s contact information (telephone number and email and home addresses), that you are authorized to publicly disseminate such information.

You acknowledge and agree that You are responsible for ensuring that any User Content posted on Your social media page complies with all of the provisions of this Agreement.

Once You post or upload User Content to DMDb, You will not have the ability to delete or otherwise remove it. Your User Content will continue to remain on DMDb in the event that You cancel Your account. You may have the ability to edit the User Content that You post or upload to DMDb. Notwithstanding the foregoing, You will have the ability to delete content posted on Your social media account on DMDb as well as any videos that You post on DMDb other than the cover thumbnails and the title.

Provider shall, in its sole discretion, determine the means and methods for DMDb users to access and view User Content, the requirements for such accessibility and viewing and the fees, if any, therefor.

Provider retains the right to delete from DMDb or otherwise disable any User Content which Provider in its sole discretion considers violative of any provision of this Agreement.

Without limiting anything else contained in this Agreement, You agree and acknowledge:

DMDb and the DMDb Content and any other information contained therein are valuable intellectual property owned by or licensed to Provider and that no proprietary rights therein are being transferred to You by this Agreement;

You will not, directly or indirectly:

1. Without Provider’s prior written consent, use DMDb or the DMDb Content and any other information contained therein for any purposes other than Your personal noncommercial or personal professional use;

2. Use DMDb or the DMDb Content and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;

3. Use DMDb or the DMDb Content and any other information contained therein in violation of any applicable laws or regulations;

4. Use automated scripts or bots to collect information from or otherwise interact with DMDb or the DMDb Content;

5. Publish or distribute in any medium, license, transfer or sell DMDb or the DMDb Content, in whole or in part, and any other information contained therein, and/or summaries or subsets thereof to any person or entity;

6. Attempt to access or access any other user’s account;

7. Attempt to obtain, ascertain or use any other user’s username, password and/or personal information by any means whatsoever;

8. Create a DMDb account under a false name, impersonate any person or entity or falsely state Your affiliation with any person or entity;

9. Except when providing biographical data in connection with that person’s production, directing or acting credits, publish another person’s date of birth, email address or telephone number.

10. Publish another person’s postal, business or home addresses Social Security or other national insurance numbers, driver’s license, passport numbers or national identification numbers.

11. Attempt to elude or elude Provider’s security systems or other systems intended to prevent unauthorized use of DMDb, the DMDb Content or User Content;

12. Attempt to gain access or gain access to DMDb in a fraudulent manner;

13. Disassemble, decompile, create derivative works of, make unauthorized copies of, reverse engineer, or otherwise modify DMDb or the DMDb Content and any other material contained therein;

14. Artificially inflate metrics such as views, likes or comments;

15. Incorporate DMDb or the DMDb Content into another program, system, app or service.

16. Create, display or live-stream on or upload to DMDb any material which:

    1. libels, defames, or invades the privacy of any third party,

    2. is obscene,

    3. is harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable in the sole discretion of Provider or otherwise contrary to the laws or regulations of any location where such material may be accessed;

    4. constitutes personal attacks on other individuals;

    5. infringes the intellectual property, trade secret or proprietary rights of any third party;

    6. is deemed confidential by contract or law;

    7. promotes, displays or provides instructions for criminal or other illegal activity, suicide or self-harm;

    8. offers or promotes the sale of illegal or regulated goods or services;

    9. -;

    10. is deliberately designed to harass, emotionally or physically harm or bully another person;

    11. contains a threat of any kind, including, without limitation, threats of physical violence; or

    12. is untrue, false or otherwise inaccurate.

17. Use DMDb or the DMDb Content for any purposes other than those intended by Provider, as determined by Provider in its sole discretion; or

18. Upload or submit any data or information containing any viruses, spyware, malware or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any data, Provider Content, User Content, software, hardware, telecommunications, networks, servers or other equipment used in connection with or related to DMDb, DMDb or the use thereof or otherwise harm DMDb, Provider or users of DMDB.

You specifically acknowledge and agree that any and all misappropriation or misuse of DMDb of the DMDb Content and any other information contained therein will cause irreparable harm to Provider and that in such event money damages will not constitute sufficient compensation to Provider; consequently, in the event that You, directly or indirectly, misappropriate or misuse DMDb, the DMDb Content and any other information contained therein, You specifically consent to Provider obtaining injunctive relief against You in addition to any other legal or financial remedies to which Provider may be entitled. Any unauthorized or prohibited use may also subject You to criminal prosecution under applicable laws.

Provider reserves the unilateral right to discontinue DMDb, the DMDb Content, User Content, and Your license to download, use and access DMDb, the DMDb Content or User Content at any time, for any reason and without notice. Provider will not have any liability if Provider modifies or discontinues DMDb, the DMDb Content or User Content or terminates Your license and/or Your ability to download, use and access DMDb, the DMDb Content or User Content. Without prejudice to any of its other rights, Provider reserves the right to modify DMDb and the DMDb Content at any time without notice to You.

If Your User Content is determined to contain untrue, false or otherwise inaccurate information, Provider reserves the right to remove such User Content from DMDb. If, within any twelve-month period, it is determined that You submitted, posted or uploaded untrue, false or otherwise inaccurate information on three or more occasions, Provider reserves the right to suspend Your account for a period of six (6) months.

If, within any twelve-month period, it is determined that You submitted, posted or uploaded untrue, false or otherwise inaccurate information on six or more occasions, Provider reserves the right to permanently suspend Your account.

DMDb requires that You register and/or set up an account to access and use certain functions, features and content available on DMDb. In order to do so, You may be required to provide your name and be provided or required to choose and/or provide a password, user ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must update it by editing Your Registration Information through DMDb.

If You cancel Your account or if Your account is permanently suspended by Provider, Provider has the right to delete Your account information, which information will not be recoverable.

If You register and/or set up an account on DMDb, You will be solely responsible for maintaining the confidentiality of Your Registration Information. You shall not authorize others to use Your Registration Information, and You are responsible for all use by You and those You allow to use DMDb. You shall not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement to any third party. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your Registration Information, with or without authorization.

Provider reserves the right to refuse service and/or terminate Your account and access to DMDb without prior notice if You violate these Terms of Use or if Provider decides, in its sole discretion, that it would be in Provider’s best interest to do so.

You acknowledge and agree that by submitting remarks, comments, suggestions and ideas either to Provider through DMDb or through the Feudr platform (individually and collectively, “Non-Content Submissions”), You

1. grant Provider a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Non-Content Submissions throughout the world in any media, now known or hereafter created without attribution;

2. and forever waive any and all of your rights, including but not limited to moral rights, if any, in and to Your Non-Content Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Non-Content Submission or any derivative thereof. You further acknowledge and agree that Your Non-Content Submissions are non-confidential and do not contain proprietary information.

Except as described in Provider’s Privacy Policy, Provider will not be required to treat any Non-Content Submissions as confidential, and You acknowledge and agree that Provider may use in connection with its business any of the concepts and ideas contained in Your Non-Content Submissions (including without limitation, product or advertising ideas) without compensation to You and Provider will not incur any liability to You as a result of any similarities between concepts and ideas contained in Your Non-Content Submission and future Provider operations and business. Except as otherwise set forth in these Terms of Use, Provider will be entitled to use the Non-Content Submissions for any commercial or other purpose whatsoever without compensation to You or any other person.

Your Non-Content Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to the Privacy Policy. You are responsible for the content of Your Non-Content Submissions and agree to defend (at Provider’s option) and at Your sole expense, indemnify and hold Provider harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Provider may incur as a result of Your Submissions.

With respect to Your Non-Content Submissions, You acknowledge, warrant and agree that:

1. Your Non-Content Submissions are true and accurate, are the original work of Your authorship, that You are not employed or otherwise being compensated by the provider of the products or services (if any) that Your Non-Content Submissions relates to and that You are not impersonating any other person;

2. You have the right to make Your Non-Content Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Non-Content Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or services to which Your Non-Content Submission relates; and

3. Your Non-Content Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that

   1. libel, defame, or invade the privacy of any third party,

   2. are obscene or pornographic,

   3. harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Non-Content Submissions may be accessed;

   4. constitute personal attacks on other individuals;

   5. infringe the intellectual property, trade secret or proprietary rights of any third party;

   6. promote criminal or other illegal activity;

   7. promote or advertise any person, product or service or solicit funds; or

   8. are deemed confidential by any contract or policy.

Provider may monitor or review any portion of DMDb where users transmit or post User Content or communications with each other for the purpose of promoting DMDb’s efficiency, usefulness, appropriateness of use and compliance with this Agreement. However, Provider does not undertake to monitor or review all postings, User Content or communications, and Provider disclaims any liability related to the content of any such postings, User Content and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

Provider is not responsible for screening, policing, editing or monitoring User Content, the Non-Content Submissions and other third-party statements posted on DMDb, including, without limitation, all advertising posted on DMDb. While Provider, from time to time, may monitor User Content, the Non-Content Submissions, advertising placed by Users and other third-parties and other third-party communications posted on DMDb, Provider does not endorse, support, sanction, encourage, verify, or necessarily agree with the User Content, the Non-Content Submissions, advertising, and other comments, opinions, or statements posted by on DMDb by users and other third parties. Any information or material placed on DMDb by users or other third-parties, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of Provider. Provider reserves all of its rights to discontinue in its sole discretion any and all of the services provided on DMDb in general or to any user at any time.

Subject to the terms of its Privacy Policy which is incorporated and made part of this Agreement, Provider may disclose to third parties any records, electronic communications, information, materials or other content of any kind (i) if Provider believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate DMDb; or (iii) to protect Provider’s rights and property or the rights and property of Provider’s users and business partners.

Provider uses commercially reasonable best efforts to protect DMDb from data breaches and computer viruses, spyware, malware or programs engineered or intended to disrupt or destroy the functionality of any data, User Content, software, hardware, telecommunications, networks, servers or other equipment used or owned by Provider or users of DMDb. You understand and agree that despite these best efforts, Provider cannot guarantee that DMDb will be free from data breaches and computer viruses, spyware, malware or programs engineered or intended to disrupt or destroy the functionality of any data, User Content, software, hardware, telecommunications, networks, servers or other equipment used or owned by Provider or users of DMDb.

At certain places on the DMDb, including in advertisements placed by third parties, live links to other Internet websites can be accessed. Such other websites contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of Provider. Provider. Provider does not endorse, approve, certify, maintain, or control these other websites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Provider provides the links only as a convenience. Use of any information obtained from such websites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those websites’ respective terms of use and privacy policies. Neither the inclusion of the link on DMDb nor reference on the linked websites to any product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by Provider. You acknowledge and agree that Provider shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites.

There may be circumstances where access to DMDb is provided by a hypertext link located on another website. Provider has no responsibility for the content of such other websites. Provider does not make any representations or give any warranties or conditions with respect to any information contained in or at such other websites and You acknowledge and agree that Provider shall not be liable for any damages resulting or arising from the content of or access to such other websites. Provider does not endorse the individuals, entities, products or materials associated with such websites.

All matters concerning goods and services offered or promoted on websites for which a link is available on DMDb or provide a link to DMDb ("Third Party Products”), including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are to be resolved solely between You and the party responsible for those websites. Provider provides no warranties or representations whatsoever with regard to any Third Party Products. Provider will not be considered or be construed as a party to such transactions, regardless as to whether Provider may have received some form of revenue or other remuneration in connection with such transactions. Provider will not be liable for any costs or damages arising out of, either directly or indirectly to, You or any third party with respect to third party transactions or goods or services provided or obtained in connection with those transactions. The relevant returns policy of the third party providing the Third Party Product will be set out in an email confirmation of Your purchase together with details of Your statutory rights.

Provider recognizes the importance of protecting the privacy of visitors to DMDb. Please click Privacy Policy to view DMDb’s privacy policy which is incorporated and made part of this Agreement. Any changes to the privacy policy will be communicated on such page. If You are outside the United States, You understand and agree that by providing Provider with any information about Yourself, You are consenting to the transfer of that information to the United States.

Users and other parties may have the ability to post advertising on DMDb (“Third Party Ads”). Provider does not endorse or recommend any product or service advertised or promoted in Third Party Ads and does not verify the accuracy or any statements or claims made in Third Party Ads. Provider does not make any representations or give any warranties or conditions with respect to any information contained in Third Party Ads. You acknowledge and agree that Provider shall not be liable for any damages resulting or arising from Your purchase or use of any product or service advertised or promoted in a Third Party Ad.

If You post any advertisement or promotional material on DMDB, Your advertisement or promotional material shall be subject to DMDb’s advertising policy. Please click here Advertising Policy to view DMDb’s advertising policy which is incorporated and made part of this Agreement. Any changes to the advertising policy will be communicated on such page.

DMDb is for educational purposes only. DMDb does not provide and is not to be used for the purposes of providing financial advice, instruction, solicitation or an offer to buy or sell any NFT or other financial instrument. Provider does not recommend or express any opinion as to any NFT shown on DMDb.

You bear full responsibility for verifying the authenticity, legitimacy, identity and other details about any content, NFT, collection, or account that You view or otherwise interact with through DMDb. Provider does not offer, sell or make a market in NFTs and makes no guarantees or promises about the identity, legitimacy, or authenticity of any content, NFT, collection, or account displayed on or through DMDb.

If You believe that any of the Content or any application made available on DMDb infringes Your copyright, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C 512(c)(3), by providing our Copyright Agent with the following information in writing:

• A description of the copyrighted work that You claim has been infringed;

• A description of the material that You claim is infringing which is sufficient to permit Provider and its Copyright Agent to locate that material;

• Your address, telephone number, and e-mail address;

• A statement that You have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;

• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf; and

• A physical signature of the person authorized to act on behalf of the owner of the copyright interest.

If You fail to submit all of the above, Provider reserves the right to ignore Your request.

You may also report instances copyright infringement by using our <%= link_to 'Copyright Infringement Notice', '#', class: 'text-primary' %> form and submitting all of the information requested by that form.

Provider’s designated Copyright Agent to receive notifications of claimed infringement is

ZuMedia Inc.

Attn: Copyright Agent

1180 Avenue of the Americas

New York, NY 10036

Only notices of copyright infringement should be sent to the Copyright Agent.

If you believe that a user of DMDb is violating the law or these Terms of Use, you can report that violation by contacting us at help@dmdb.com.

Provider cooperates with law enforcement and will comply with valid law enforcement requests for information, including, without limitation, providing user-name and contact information, regarding fraudulent and other illegal conduct occurring on or through DMDb.

All subpoenas, search warrants and other requests for information by law enforcement must be submitted through our law enforcement portal at heydmdb@dmdb.com.

DMDb reserves the right to respond immediately, without a subpoena, to urgent law enforcement requests for information in cases involving a threat to public safety or risk of harm to any person. These requests must be submitted through our law enforcement portal. During the emergency, DMDb may grant law enforcement temporary access to the subject account or accounts.

DMDb reserves the right to seek reimbursement for costs, including its attorney’s fees, incurred in connection with responding to law enforcement requests for information, particularly if the costs incurred are the result of responding to burdensome or unique requests

If you are an executor, administrator or trustee who has rights to a deceased User’s User Content or DMDb account and want access to that User Content and/or account, including the proceeds thereof, you must provide us with a copy of the User’s death certificate, letters testamentary, letters of administration or a copy of the trust’s first page, signature page and pages identifying you as the trustee and a copy of your state or nationally issued identification. All documents and information should be sent to us at heydmdb@dmdb.com. After we receive your request, our team will decide and respond after careful review.

DMDb, THE CONTENT AND USER CONTENT ARE PROVIDED FOR YOUR DOWNLOADING, OPERATION AND USE IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

DMDb, THE CONTENT AND USER CONTENT ARE PROVIDED BY PROVIDER ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “PROVIDER BUSINESSES”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF DMDb, THE CONTENT AND USER CONTENT FOR ANY PURPOSE. PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. PROVIDER SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN DMDb, THE CONTENT AND USER CONTENT, FOR YOUR ACTION OR INACTION IN CONNECTION WITH DMDb, THE CONTENT AND USER CONTENT OR FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER, YOUR CONTENT OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH DMDb, THE CONTENT OR USER CONTENT INCLUDING, WITHOUT LIMITATION IF WE DELETE YOUR USER ACCOUNT, CONTENT OR INFORMATION.

YOUR USE OF DMDb, THE CONTENT, AND USER CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL THE PROVIDER BUSINESSES, THEIR AGENTS OR THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF DMDb, THE CONTENT AND USER CONTENT, THE DELAY OR INABILITY TO USE DMDb, THE CONTENT, USER CONTENT AND/OR YOUR USER CONTENT OR OTHERWISE ARISING IN CONNECTION WITH DMDb, THE CONTENT, USER CONTENT AND/OR YOUR USER CONTENT , WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, MALWARE, SPYWARE, DATA BREACHES, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE PROVIDER BUSINESSES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE PROVIDER BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION PROVIDED BY OR SET FORTH ON DMDb, THE CONTENT, THE USER CONTENT AND ADVERTISING IS ACCURATE, COMPLETE, RELIABLE USEFUL, TIMELY OR CURRENT OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

THE PROVIDER BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON DMDb IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.