Welcome to DMNTN.com!
These Terms of Use govern your use of DMNTN.com and provide information about the DMNTN.com Service, outlined below. When you browse the website or upload any content to DMNTN.com, you agree to these terms.
The DMNTN.com Service is provided to you by Psyance, LLC. These Terms of Use therefore constitute an agreement between you and Psyance, LLC.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The DMNTN.com Service
We agree to provide you with the DMNTN.com Service. The Service includes all of the DMNTN.com products, features, applications, services, technologies, and software that we provide to advance DMNTN.com's mission: To bring transparency to real life social interactions. The Service is made up of the following aspects (the Service):
Your Commitments
Who Can Use DMNTN.com. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the DMNTN.com community.
You must be at least 13 years old.
You must not be prohibited from receiving any aspect of our Service under applicable laws.
We must not have previously disabled your account for violation of law or any of our policies.
You must not be a convicted sex offender.
How You Can't Use DMNTN.com. Providing a safe and open Service for a broad community requires that we all do our part.
You can't impersonate others or provide inaccurate information.
You don't have to disclose your identity on DMNTN.com, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
You can't violate (or help or encourage others to violate) these Terms or our policies.
You can't do anything to interfere with or impair the intended operation of the Service.
You can't attempt to create accounts or access or collect information in unauthorized ways.
This includes creating accounts or collecting information in an automated way without our express permission.
You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.
Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.
We do not claim ownership of your content, but you grant us a license to use it strictly to be able to generate your content on your behalf. We will never use your content publically without your express permission.
Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.
Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Facebook Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on DMNTN.com. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You can learn more here about your ad settings.
You agree that we can download and install updates to the Service on your device.
Additional Rights We Retain
If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account.
Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.
Our Agreement and What Happens if We Disagree
Our Agreement.
If any aspect of this agreement is unenforceable, the rest will remain in effect.
Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement.
This agreement does not give rights to any third parties.
You cannot transfer your rights or obligations under this agreement without our consent.
Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens.
Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How We Will Handle Disputes.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or DMNTN.com ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other DMNTN.com users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your DMNTN.com account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Psyance, LLC. ATTN: DMNTN.com Arbitration Opt-out, 151 1st, Ave. #111, New York, NY 10003.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your DMNTN.com account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Psyance, LLC, ATTN: DMNTN.com Arbitration Filing, 151 1st, Ave. #111, New York, NY 10003. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your DMNTN.com account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for New York or a state court located in Suffolk County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of New York, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
Removing Content
If you feel that someone has uploaded content that is owned by you or violates your privacy in any way, please send a letter with the link to the referenced item to be removed. Please provide all necessary legal proof that the referenced item is of you or owned by you and not published by you. One letter per item referenced is required. Letters with multiple items referencing removal will be ignored. Please mail all letters to Psyance, LLC, ATTN: DMNTN.com Content Removal, 151 1st, Ave. #111, New York, NY 10003. Once received, please allow up to 90 days for processing and removal of content if claim is valid. Should more information be required to prove ownership, we will mail you back a response to the return address listed on the post mark. You will have 30 days to respond before the case will be considered ignored by the requesting party and dismissed.
Unsolicited Material.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.