DVD-RX Light Terms of Service
Terms therein shall apply to the DVD-RX Light solution.
1. Collaboration with DTLTech
1.1. Use of products, software, services and sites that are the property of DTLTech (hereinafter – “Services”, except for services provided to the User by DTLTech under an individual written agreement) implies acceptance and discharge of obligations in conformity with terms of a legal agreement between the User (You) and DTLTech (“DTLTeach” represents a legal entity, DTL Technology Co., Ltd., registered at: 192286, Russia, Saint-Petersburg, 57-6 Bukharestskays st.). Present Terms outline the material provisions of such agreement and specify some of its terms.
1.2. If the User has not entered into a separate written agreement with DTLTech, the User’s collaboration with DTLTech is governed (to the least extent) by the provisions and terms outlined in the present document (hereinafter – “Common Conditions”).
1.3. Common Conditions refer to a legally enforceable agreement between the User and DTLTech on utilization of Services. Please read the agreement carefully. A compilation of such agreements hereinafter is referred to as “Terms”.
2. Acceptance of Terms
2.1. To be able to use the Services, the User should accept the Terms. The User must not use Services unless he/she accepted the Terms.
2.2. The User can accept the Terms using one of these methods:
(A) click on the icon “Accept Terms” (if such icon has been introduced by DTLTech and is present on the user’s interface of the relevant Service web page); or
(B) start actual utilization of Services. In this event, the User acknowledges and agrees that DTLTech will deem actual utilization of Services by the User, as acceptance of Terms.
3. Provision of Services by DTLTech
3.1. DTLTech is in continuous process of upgrading the Services to better accommodate its users. The User acknowledges and agrees that the nature and structure of the Services, provided by DTLTech, might change from time to time without prior notice.
3.2. The User thereof acknowledges and agrees that DTLTech can realize its right to cease (irrevocably or temporary) provision of Services (or some of the aspects of Services) to the User or Users at its discretion without prior notice. The User reserves the right to discontinue utilization of Services at any time without obligation to notify DTLTech of such discontinuation.
4. Utilization of Services
4.1. The User agrees to use the Services in conformity with (a) the Terms (b) the laws and regulations in effect and generally accepted standards and rules of the relevant jurisdiction.
4.2. The User undertakes to refrain from activities impeding process of provision of Services, impairing functionality of the software/hardware engaged in the Services provision or harming servers and networks employed.
4.3. The User agrees not to replicate, duplicate, copy, sell, exchange or resell the Services for any reasons, unless such rights are expressly granted to the User in a separate agreement with DTLTech.
4.4. The User accepts full responsibility (and agrees that DTLTech is not responsible in any respect to the User or any third party) for any failure to discharge the obligations, specified herein and for any consequences (including any losses or damages that DTLTech might suffer) of such failures.
5. Content Utilized for Provision of Services
5.1. The User agrees that he/she is fully responsible for all audio and video data used for provision of Services. All such data hereinafter referred to as “Content”.
5.2. The User agrees that he/she is fully responsible for (and that DTLTech does not have any responsibilities to the User or any third party) the entire Content that the User has created, delivered or placed for demonstration in the process of Services utilization and for any consequences of such actions (including any losses or damages that DTLTech might suffer).
6. Ownership rights
6.1. The User acknowledges and agrees that the entire right, title and interest in the Services, including all the rights to the intellectual property related to the Services (regardless of whether such rights are registered and without limitation to the countries that recognize such rights) belong to DTLTech.
6.2. The Terms do not grant the User any rights to use the brand names, trademarks, service brands, logos, domain names or any other DTLTech’s brands and trademarks, unless otherwise is expressly set forth in a written agreement between the User and DTLTech.
6.3. If the User has been granted rights to use some of the brands or trademarks (referred to hereinabove) by signing an individual written agreement with DTLTech, the User shall agree to exercise such rights in conformity with the terms of the relevant agreement and in compliance with the operational provisions of the Terms.
6.4. DTLTech acknowledges and agrees that it shall not participate in the User’s (or the licensor of the User) rights, including the right, title and interest in the Content (pursuant to the present Terms) delivered or transferred by the User to DTLTech for further Services or with the help of the Services including the right to intellectual property related to the Content (regardless of whether such rights are registered and without limitation to the countries that recognize such rights). If no written agreement was signed by the User and DTLTech, the User acknowledges his/her full responsibility for securing the right, title and interest in the Content and undertakes to assure compliance with such right, title and interest; DTLTech, on the other hand, is released from any obligations to take any actions on the User’s behalf in this respect.
6.5. The User agrees not to delete, conceal or alter any proprietary notices (including copyright and trademark notices) that might be delivered along with the Services or with the help of the Services.
6.6. Unless DTLTech has expressly and in a written form stated otherwise, the User agrees that in the course of the Services utilization he/she shall not attempt to use any trademarks, service brands, brand names and logos of any companies or organizations in such a way that can result in erroneous or intentional misrepresentation of the owner or authorized user of such trademarks, service brands, brand names and logos.
7. DTLTech License
7.1. DTLTech will issue an individual, valid in any country, royalty-free, non-transferrable and non-exclusive license permitting the User to use the software provided by DTLTech as a part of Services on “as is” and “as available” bases (hereinafter – “Licensed Software”). The License is issued to the User only for the User to gain access to the paid Services granted by DTLTech according to the Terms hereof.
7.2. The User (or any party acting on the User’s behalf) shall not copy or modify the Licensed Software or any of its constituent parts, shall not create any derivative products, use methods of reverse engineering or decompiling or any other approaches to discern the source code, except when expressly allowed or required by legislation or in presence of DTLTech’s written consent.
7.3. If DTLTech has not expressly permitted in writing, the User is prohibited to assign (or sublicense) the User’s right to the Licensed Software, to pledge or transfer any rights to use the Licensed Software by any other means.
8. User’s Content License
8.1. The User shall retain the title, right and interest in the Content submitted, published or displayed while using the Services.
9. Licensed Software Upgrades
9.1. DTLTech upgrades Licensed Software to improve and further develop Services it provides; upgrades may be done in order to correct errors, add new functions or new software modules or there might be a brand new versions of the Licensed Software introduced. The User thereby agrees to accept such upgrades as a part of Services provided.
10. Termination of Collaboration with DTLTech
10.1. The terms of the present Terms will remain in force until the Terms is terminated either by the User or by DTLTech as determined hereinafter:
10.2. DTLTech has a right to terminate a legal agreement concluded with the User at any time, if:
(A) The User has breached any of the terms stated herein (or did any act, matter or thing that explicitly indicates the User’s inability or unwillingness to abide by the terms of this Terms), or
(B) DTLTech is obliged to terminate the legal agreement pursuant to the legislation (e.g. granting Services to the User ceases to be legal or is against laws), or
(C) a partner of DTLTech granting the Services to the User is no longer a partner of DTLTech or it has ceased granting Services to the User, or
(D) DTLTech has ceased granting Services in the country where the User resides or uses the Services, or
(E) granting Services to the User is no longer profitable for DTLTech.
10.3. None of the provisions of the present article affects the right of DTLTech to grant Services according to Section 3 of the Terms herein.
10.4. Any legal rights, liabilities and responsibilities of the User and DTLTech that were in effect within the term of the Terms (or were granted while the Terms were in force) or those, that have unlimited duration as per the Terms shall not be affected by the termination of the Terms; the provisions laid out in clause 16.5 shall apply to such rights, liabilities and guarantees for unlimited time.
11. LIMITATION OF WARRANTIES
11.1. NONE OF THE PROVISIONS OF THE TERMS, INCLUDING PROVISIONS OF THE SECTIONS 11 AND 12 SHALL EXCLUDE OR LIMIT LIABILITIES OF DTLTECH FOR DAMAGES (IF SUCH LIABILITIES CANNOT BE EXCLUDED OR LIMITED IN CONFORMITY WITH THE CURRENT LAWS). LEGISLATION OF SOME JURISDICTIONS PROHIBITS OMITION OF SOME WARRANTIES OR CONDITIONS, AS WELL AS SOME EXCLUSIONS AND LIMITATIONS OF LIABILITIES FOR CONSEQUENTIAL LOSSES AND DAMAGES RESULTING FROM NEGLIGENCE, BREACH OF TERMS OF AN AGREEMENT OR IMPLICIT CONDITIONS, AND FOR INCIDENTAL OR INDIRECT LOSSES. ONLY LIMITATIONS SET FORTH BY THE LEGISLATION OF THE USER’S JURISDICTION ARE APPLICABLE TO THE USER; OUR LIABILITIES SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THE LEGISLATION.
11.2. THE USER ACKNOWLEDGES AND EXPRESSLY AGREES TO USE SERVICES AT HIS OWN RISK AND AGREES THAT THE SERVICES WILL BE GRANTED ON ‘AS IS’ AND ‘AS AVAILABLE’ BASES.
11.3. DTLTECH DOES NOT CLAIM AND GUARANTEE TO THE USER IN THAT:
(A) SERVICES WILL MEET THE USER’S REQUIREMENTS,
(B) SERVICES WILL BE GRANTED PERPETUALLY, TIMELY, SAFELY AND WILL NOT CONTAIN ERRORS,
(C) ANY INFORMATION RECEIVED BY THE USER THROUGH THE USE OF SERVICES WILL BE ACCURATE AND RELIABLE,
(D) DEFICIENCIES IN FUNCTIONING AND ABILITIES OF A SOFTWARE MADE AVAILABLE TO THE USER AS A PART OF THE SERVICES WILL BE RECTIFIED.
11.4. UPLOADING OF ANY MATERIALS AND RETRIVAL OF THE MATERIALS BY OTHER MEANS WILL BE EXECUTED AT THE USER’S OWN DISCRETION AND AT HIS OWN RISK. ANY DAMAGES TO THE USER’S COMPUTER SYSTEM OR ANY EQUIPMENT, OR ANY LOSS OF DATA SUBSEQUENT TO UPLOADING OF SUCH MATERIALS RESTS SOLELY WITH THE USER.
11.5. ANY ADVICE OR OTHER INFORMATION PROVIDED BY DTLTECH OR RECEIVED WITH THE HELP OF SERVICES WHETHER IN WRITTEN OR VERBAL FORM DO NOT IMPLY ANY GUARANTEES UNLESS SUCH GUARANTEES ARE EXPLICITELY STATED IN THE TERMS HEREIN.
11.6. DTLTECH EXPRESSLY RELEAZES ITSELF FROM ANY EXPLICIT OR IMPLICIT GUARANTEES AND CONDITIONS OF ANY NATURE, INCLUDING (IN ADDITION TO THOSE MENTIONED HEREIN) IMPLIED WARRANTIES OF MERCHANTABILITY OF ITS PRODUCTS AND UNINFRINGEMENT OF TITLE.
12. LIMITATION OF LIABILITIES
12.1. PURSUANT TO THE GENERAL PROVISIONS OF CLAUSE 11.1 THE USER ACKNOWLEDGES AND EXPRESSLY AGREES THAT DTLTECH IS NOT LIABLE FOR
(А) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES SUFFERED BY THE USER REGARDLESS OF THE WAYS AND CIRCUMSTANCES IN WHICH SUCH LOSSES OR DAMAGES WERE INCURRED. SUCH LOSSES AND DAMAGES SHALL INCLUDE (IN ADDITION TO THOSE SATED HEREINABOVE) LOSS OF PROFIT (DIRECT OR INDIRECT), HARM TO THE IMAGE AND BUSINESS REPUTATION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES AND OTHER INTANGIBLE LOSSES AND DAMAGES;
(B) ANY LOSSES AND DAMAGES SUFFERED BY THE USER, INCLUDING THE LOSSES AND DAMAGES DUE TO:
(I) SOME CHANGES MADE BY DTLTECH TO THE SERVICES; PROBABLE TEMPORARY OR PERPETUAL CEASING OF SERVICES AS A WHOLE OR IN PART;
(II) DELITION, DAMAGE TO OR LOSS OF THE CONTENT AND OTHER DATA BEING PROCESSED OR TRANSFERRED WHILE USING SERVICES;
(III) NON-DELIVERANCE BY THE USER OF ACCURATE AND FULL DATA/INFORMATION REQUIRED BY DTLTECH;
(IV) COMPROMISE OF SOME OF THE USER’S CONFIDENTIAL DATA RESULTING FROM THE USER’S FAULTY ACTIONS.
12.2. LIMITATION OF LIABILITIES OF DTLTECH REFERRED TO IN CLAUSE 12.1 REMAINS IN EFFECT REGARDLESS OF WHETHER DTLTECH WAS NOTIFIED OF ANTICIPATED LOSSES OR DAMAGES.
13. Copyright and Trademarks Policy
13.1. DTLTech policy holds that DTLTech will retaliate (in compliance with the current version of the International Intellectual Property Law) upon receipt of notification of assumed copyright infringement and will remove accounts in the events of further violations.
14.1. The User acknowledges and agrees that DTLTech is not liable neither for accessibility of external sites and resources, nor for advertisements, products or other materials displayed on such sites and resources or accessible with their help.
14.2. The User acknowledges and agrees that DTLTech is not liable for the User’s losses or damages suffered as a result of attempts to access external sites and resources or due to unfulfilled expectations of accuracy, fullness and reliability of advertisements, products or other materials displayed on such sites and resources or accessible with their help.
15. Change of Terms
15.1. DTLTech reserves the right to update Common Conditions from time to time. If such changes are made, DTLTech will create an updated version of Common Conditions and display it at https://dvd-rx.com/en/protection/light_license.html.
15.2. The User acknowledges and agrees that if he/she uses Services after alteration of Common Conditions, such use will be regarded by DTLTech as acceptance of the new version of Common Conditions.
16. General Legal Terms
16.1. The Terms comprise the entire legal agreement between the User and DTLTech and govern utilization of Services by User (excluding services delivered by DTLTech as a part of an individual written agreement if such agreement has been concluded) and substitute any and all terms of agreements related to the Services ever signed between the User and DTLTech.
16.2. The User agrees to receive notifications, including notifications regarding changes to the Terms from DTLTech in a form of announcements made within the framework of the Services or via e-mail.
16.3. The User agrees that no waiver by DTLTech of its rights to enforce any of the provisions of the Terms or to collect compensation for damages (or the rights, which DTLTech is entitled to in conformity with the current legislation) shall be interpreted as constituting a waiver thereof and shall not prevent DTLTech from exercising its rights or collecting compensations.
16.4. If any provision of the Terms is determined to be invalid by a judicial body authorized to review such cases, such invalidity or unenforceability shall attach only to such provision and everything else in this Terms shall continue in full force and effect; compliance with the provisions of Terms can be enforced by action when a need arises.
16.5. The Terms and collaboration between the User and DTLTech within the framework of the Terms are governed by the current legislation of the Russian Federation. The User and DTLTech attorn to exclusive jurisdiction of the courts of the city of Saint-Petersburg, the Russian Federation. The User agrees that DTLTech has a right to file claims for compensation of damages (or use other equal common law remedies) in courts of other jurisdictions.
October 20, 2016