Terms of Service
1. ACCEPTANCE OF TERMS
Done In Sixty Seconds LLC ("DISS") provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.doneinsixtyseconds.com/terms.html. In addition, when using particular DISS owned or operated services, you and DISS shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. DISS may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
DISS provides users with access to a varied collection of resources, including various communications and multimedia creation tools, as well as personalized content through its network of properties which may be accessed through any various medium or device now known or hereafter developed for the purpose of creating videos to be viewed through the internet (the "Service"). You also understand and agree that the Service may include certain communications from DISS, such as service announcements, administrative messages and your personal DISS profile updates, and that these communications are considered part of DISS membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new DISS properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that DISS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You understand and agree that DISS has the right to substitute similar services or content to aid in the delivery of the Service if the requested service or content is not available at the time of purchase. DISS agrees to notify the user if a substitution is required to deliver the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form (the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or DISS has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, DISS has the
right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof). DISS is concerned about the
safety and privacy of all its users, particularly children. For this reason,
parents of children under the age of 13 who wish to allow their children access
to the Service are responsible for supervision of that access. When you
register a DISS account for your child or allow your child to register his or
her own DISS account, you certify that you are at least 18 years old and that you
are the legal guardian of the child/children accessing the site. By allowing
access to your child, you also give your child permission to access many areas
of the Service. Please remember that the Service is designed to appeal to a
broad audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Service areas and/or Content (as defined in
Section 6 below) are appropriate for your child.
4. DISS PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our full privacy
policy at http://www.doneinsixtyseconds.com/privacy.html. You understand that through
your use of the Service you consent to the collection and use (as set forth in
the Privacy Policy) of this information, including the transfer of this
information to the United States and/or other countries for storage, processing
and use by DISS and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password and account designation during
the Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a) immediately
notify DISS of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end
of each session. DISS cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, and graphics
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from whom such Content originated. This
means that you, and not DISS, are entirely responsible for all Content that you
upload and make available via the Service. DISS
does not control the Content uploaded to the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. Under no
circumstances will DISS be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or any loss or damage
of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not
limited to, a DISS official, administrator, or user, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through the Service;
e. upload, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal or unethical solicitation;
h. upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m, above.
You acknowledge that DISS may or may not pre-screen Content, but that DISS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, DISS and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the usefulness of such Content.
You acknowledge, consent and agree that DISS may access,
preserve and disclose your account information and Content if required to do so
by law or in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e) protect the rights,
property or personal safety of DISS, its users and the public.
You understand that the technical processing and
transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
You understand that the Service and software embodied within
the Service may include security components that permit digital materials to be
protected, and that use of these materials is subject to usage rules set by
DISS and/or content providers who provide content to the Service. You may not
attempt to override or circumvent any of the usage rules embedded into the
Service. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or in
part, is strictly prohibited.
7. FINALITY OF SERVICE
When you submit a video design to DISS, you agree that all orders are final. No changes may be made to the video design under any circumstances. Additionally, no changes will be made to the final product after it has been delivered. This includes, but is not limited to, any desired changes regarding editing of video footage, interpretation of the script, audio volume, or any content. The product of the Service is delivered 'as is'. No correspondence regarding changes to the delivered product will be accepted. The user thus agrees that DISS is not responsible for any change in content after delivery and agrees have no expectations of changes.
8. INTERSTATE NATURE OF COMMUNICATIONS ON DISS NETWORK
When you register with DISS, you acknowledge that in using
DISS services to send electronic communications (including but not limited to
email, search queries, uploading photos and files to the DISS Media Manager,
and other Internet activities), you will be causing communications to be sent
through DISS's computer networks, portions of which are located in Kentucky and
other locations in the United States and portions of which are located abroad.
As a result, and also as a result of DISS's network architecture and business
practices and the nature of electronic communications, even communications that
seem to be intrastate in nature can result in the transmission of interstate
communications regardless of where you are physically located at the time of
transmission. Accordingly, by agreeing to this Terms of Service, you
acknowledge that use of the service results in interstate data transmissions.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside.
10. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
DISS does not claim ownership of Content you submit or make
available for inclusion on the Service.
11. INDEMNITY
You agree to indemnify and hold DISS and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, transmit or otherwise
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion of the Service, use
of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that DISS may establish general practices
and limits concerning use of the Service, including without limitation the
maximum number of days uploaded Content will be retained by the Service, the
maximum size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted on DISS's
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time. You
agree that DISS has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content uploaded to the
Service. You acknowledge that DISS reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that DISS
reserves the right to modify these general practices and limits from time to
time.
14. MODIFICATIONS TO SERVICE
DISS reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that DISS shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
Service.
15. TERMINATION
You agree that DISS may, under certain circumstances and
without prior notice, immediately terminate your DISS account and access to the
Service. Cause for such termination shall include, but not be limited to, (a)
breaches or violations of the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, (f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or (h)
nonpayment of any fees owed by you in connection with the Services. Termination
of your DISS account includes (a) removal of access to all offerings within the
Service, including uploaded content and hosted videos, (b) deletion of your
password and all related information, files and content associated with or
inside your account (or any part thereof), and (c) barring of further use of
the Service. Further, you agree that all terminations for cause shall be made
in DISS's sole discretion and that DISS shall not be liable to you or any third
party for any termination of your account, any associated email address, or
access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that DISS shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
the Service.
17. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because DISS has no control over such
sites and resources, you acknowledge and agree that DISS is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge
and agree that DISS shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on or
through any such site or resource.
18. DISS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you
through the Service or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by DISS or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
DISS grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work from, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, nor to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by DISS
for use in accessing the Service.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. DISS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DISS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for video production purposes only, and no Content included in the Service is intended for trading or investing
purposes. DISS and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
24. NOTICE
DISS may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
25. TRADEMARK INFORMATION
The DISS, DISS logo, DISS LLC, Done In Sixty Seconds LLC and doneinsixtyseconds.com trademarks and service marks and other DISS logos and product and service names are trademarks of Done In Sixty Seconds LLC (the "DISS Marks"). Without DISS's prior permission, you agree not to display or use in any manner the DISS Marks.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
DISS respects the intellectual property of others, and we ask our users to do the same. DISS may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the DISS Team the following information:
1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
2. a description of the copyrighted work or other
intellectual property that you claim has been infringed;
3. a description of where the material that you claim is
infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
DISS Team can be reached at our corporate offices:
By mail:
Copyright Issues
c/o Done In Sixty Seconds LLC.
P.O. Box 55611
Lexington, KY 40555
By email: copyright@doneinsixtyseconds.com
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and DISS and governs your use of the Service, superseding any prior agreements between you and DISS with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DISS services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and DISS shall be governed by the laws of the State of Kentucky
without regard to its conflict of law provisions. You and DISS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fayette, Kentucky.
Waiver and Severability of Terms. The failure of DISS to exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your DISS account is non-transferable and any rights to your DISS Profile
or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
27. VIOLATIONS
Please report any violations of the TOS to any of the DISS Team Members through the contact page: http://www.doneinsixtyseconds.com/contact.html.
