This document details important information regarding the use and disclosure of User Data collected on DromeBox.com, it's subdomains, and derivitive sites including but not limited to DromeUniversity.com, DromeEntertainment.com, DromeComedy.com, and all other instances, and will here after be refered to collectivly as "DROMEBOX".
The security of your Data is very important to DROMEBOX and as such we take all appropriate steps to limit the risk that it may be lost, damaged or misused.
This site expressly and strictly limits its membership and/or viewing privileges to persons 13 years of age and over. All persons who do not meet its criteria are strictly forbidden from accessing or viewing the contents of this Site. We do not knowingly seek or collect any personal information or data from persons who have not attained the age as specefied here in.
Personal Information: Non-Registered users can watch videos without registering however the visitor's IP address will be recorded. Registered Members: Registration is required for accessing a number user centric features. The following personal information is requested at the time of registration: username (required), and email address (required). Additional personal information, such as year of birth, etc. Cookies: When you visit DROMEBOX, we may send one or more cookies to your computer that uniquely identifies your browser session. DROMEBOX uses both session cookies and persistent cookies. If you remove your persistent cookie, some of the site's features may not function properly. Log File Information: When you visit DROMEBOX, our servers may automatically record certain information that your web browser sends such as your web request, IP address, browser type, browser language, referring URL, platform type, domain names and the date and time of your request. Emails: If you contact us, we may keep a record of that correspondence.
Your Personally identifiable information submitted to DROMEBOX is used to provide to the user the website's features and special personalized features. Your chosen username (not your email address) is displayed to other Users alongside the content you upload, including videos, comments, at, the messages you send through the DROMEBOX private mail, etc. Other Users can contact you through, private messages. Any content that you submit to DROMEBOX may be redistributed through the internet and other media channels, and may be viewed by the general public. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of key website or for customer service purposes). OPT-IN AND USER COMMUNICATION – Subscriber's expressly and specifically acknowledges and agrees that his email address or other means of communicating with subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, some offers may be presented to the subscriber via email campaigns or other means of communications with the option to express the subscriber's preference by either clicking or entering "accept" (alternatively "yes") or "decline" (alternatively "no"). By selecting or clicking the "accept" or "yes", the subscriber indicates that the subscriber "OPTS-IN" to that offer and thereby agrees and assents that the subscriber's personal information, including its email address and data may be used for that matter or disclosed to third-parties."
DISCLOSURE OF INFORMATION
If under duty to do so DROMEBOX may release data to comply with any legal obligation, or in order to enforce our Terms Of Service and other agreements; or to protect the rights, property or safety of DROMEBOX or our subscribers or others. This includes exchanging information with other companies and organizations including the police and governmental authorities for the purposes of protection against fraud or any other kind of illegal activity whether or not identified in the Terms Of Service. It is DROMEBOX's policy, whenever possible and legally permissible, to promptly notify you upon an obligation to supply data to any third party. Should you deliberately upload any illegal material DROMEBOX shall forward all available information to all relevant authorities and this without notice.
Where we have given you (or where you have chosen a password) which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. DROMEBOX uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to DROMEBOX and you do so at your own risk.
You are entitled to access and correct your Data by doing so directly on the website or by requesting us to do so by emailing firstname.lastname@example.org.
DROMEBOX reserves the right to change these terms and conditions periodically at its sole discretion. User's continued use of this web site constitutes acceptance of the terms and conditions stated at the time of use.
Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws.
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this web site are the property of DROMEBOX, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without DROMEBOX's prior written permission. The use of DROMEBOX's Marks on any other web site is prohibited.
PROPRIETARY RIGHTS TO CONTENT
All materials contained on this web site are copyrighted by DROMEBOX except where explicitly noted otherwise.
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, design, graphics, movie trailers, film clips or other material contained in this web site ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without DROMEBOX's prior, written consent.
LINKS TO THIRD PARTY SITES
The DROMEBOX web site may contain links to third party web sites, which are not under the control of DROMEBOX. DROMEBOX makes no representations whatsoever about any other web site to which you may have access through the DROMEBOX web site. When you access a third party web site, you do so at your own risk and acknowledge that DROMEBOX is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that DROMEBOX shall not be liable for any loss or damage of any sort incurred as the result of using any third party's web site. Mention of third party companies and web sites on the DROMEBOX web site is for informational purposes only and does not constitute an endorsement or recommendation.
Any software that is made available to download ("Software") from this web site is the proprietary and copyrighted work of DROMEBOX and/or its third party suppliers. Use of the Software is governed by the End User License Agreement, which accompanies or is included with the Software ("License Agreement"). An end user's license to use any Software is conditioned upon DROMEBOX's acceptance of the end user's purchase order and the end user's review and agreement to, and compliance with, the License Agreement terms. DROMEBOX reserves the right to reject any purchase order or license for any reason in DROMEBOX 's sole discretion.
DROMEBOX and/or its respective third party suppliers may make improvements and/or changes in the Software at any time without notice. DROMEBOX may cease offering the Software for download or discontinue this web site at any time without notice. DROMEBOX assumes no obligation with respect to supporting the web site or Software, except as expressly set forth in the License Agreement.
THE WEB SITE IS OFFERED FOR USE "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY AS SET FORTH IN THE EXPRESS TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, DROMEBOX HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE AND WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT DROMEBOX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF DROMEBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, DROMEBOX makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does DROMEBOX make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER'S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, DROMEBOX PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DROMEBOX OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF DROMEBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
User agrees, at User's expense, to indemnify, defend and hold harmless DROMEBOX, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User's breach of this Agreement or in connection with User's use of this web site or any product or service related thereto.
This Agreement and the relationship between User and DROMEBOX shall be governed by and construed in accordance with the laws of the State of Delaware. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the material contained in this web site shall be resolved in a Delaware court. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.
DMCA Notice Of Copyright Infringement
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”) or any other applicable intellectual property legislation or laws. Responses may include removing, blocking or disabling access to material claimed to be the subject of infringing activity, terminating the user’s access to DROMEBOX, or all of the foregoing.
If you believe any material accessible on DROMEBOX infringes your copyright, you may submit a copyright infringement notification (see below, “Filing a DMCA Notice of Copyright Infringement” for instructions on filing such a notice). These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
If we remove or disable access to material in response to such a notice, we will take reasonable steps to notify the user that uploaded the affected content material that we have removed or disabled access to so that the user has the opportunity to submit a counter notification (see below, “Counter-Notification Procedures” for instructions on filing a counter notification). It is our policy to document all notices of alleged infringement on which we act.
All copyright infringement notifications and counter-notifications must be written in English. Any attempted notifications written in foreign languages or using foreign characters may, at our discretion, be deemed non-compliant and disregarded.
FILING A DMCA NOTICE OF COPYRIGHT INFRINGEMENT
If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
You may notify DROMEBOX of alleged copyright infringement via email at DCMA@dromebox.com.
We also accept free-form copyright infringement notifications. In that case, in accordance with the DMCA, the written notice (the “DMCA Notice”) must include substantially the following:
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. If your complaint does not contain the specific URL of the video you believe infringes your rights, we may be unable to locate and remove it. General information about the video, such as a channel URL or username, is typically not adequate. Please include the URL(s) of the exact video(s). Adequate information by which we, and the uploader(s) of any video(s) you remove, can contact you (including your name, postal address, telephone number and, if available, e-mail address). A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.. A statement that the information in the written notice is accurate, and under penalty of perjury, that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on DROMEBOX is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you have received a DMCA Notice and believe that material you posted on DROMEBOX was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”). Counter notifications must be submitted by the content's original uploader or an agent authorized to act on their behalf.
Counter-notices must be sent to our designated agent:
Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your name, address, phone number and physical or electronic signature; Identification of the allegedly infringing content and its location before removal or access to it was disabled; A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification; and A statement that you consent to the jurisdiction of Delaware courts (USA) , and that you will accept service of process from the person who originally provided us with the DMCA Notice or an agent of such person. We will not respond to counter notifications that do not meet the requirements above.
After we receive your Counter Notice, we will forward it to the party who submitted the original DMCA Notice and inform that party that the removed material may be restored after 10 business days but no later than 14 business days from the date we received your Counter Notice, unless our Designated Agent first receives notice from the party who filed the original DMCA Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that when we forward your Counter Notice, it will include your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant or to law enforcement or parties that assist us with enforcing and protecting our rights.
Please be aware that if you knowingly materially misrepresent that material or activity on DROMEBOX was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating or disabling, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also at our sole discretion limit access to DROMEBOX, terminate or disable the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.