Last Updated: August 10, 2024
Welcome to D4 Media Inc (“we,” “our,” “us”). By accessing or using our website and services (collectively, the “Services”), you agree to comply with and be bound by these Terms of Use. Please read them carefully before using our Services.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use D4 Media Inc if you do not agree to all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Policy, and Disclaimer Notice and all Agreements: 'Client', 'You', and 'Your' refers to you, the person logging on to this website and compliant with the Company’s terms and conditions. 'The Company', 'Ourselves', 'We', 'Our', and 'Us' refers to our Company, D4 Media Inc. 'Party', 'Parties', or 'Us' refers to both the Client and ourselves.
D4 Media provides content production and distribution tools to help users create and manage their digital content. Our platform is a software-as-a-service (SaaS) solution, and access to certain features may require creating an account.
Our Services are intended for users who are at least 18 years of age. By using our Services, you represent and warrant that you meet this age requirement.
To use certain features of our Services, you must create an account by providing a username and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
You agree to use our Services in accordance with these Terms of Use and applicable laws. You must not engage in any of the following prohibited activities:
Unless otherwise stated, D4 Media Inc and/or its licensors own the intellectual property rights for all material on D4 Media Inc. All intellectual property rights are reserved. You may access this from D4 Media Inc for your own personal use, subject to restrictions set in these terms and conditions.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas. D4 Media Inc does not filter, edit, publish, or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of D4 Media Inc, its agents, or affiliates. Comments reflect the views and opinions of the person who posts them. To the extent permitted by applicable laws, D4 Media Inc shall not be liable for the Comments or for any liability, damages, or expenses caused or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
D4 Media Inc reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or causes a breach of these Terms and Conditions.
You warrant and represent that:
You hereby grant D4 Media Inc a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.
The following organizations may link to our Website without prior written approval:
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of D4 Media Inc; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to D4 Media Inc. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
No use of D4 Media Inc's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Please read our Privacy Policy.
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
D4 Media provides services and access to our platform under terms specified in the customer agreement. Payments and refunds are governed by the terms outlined in that agreement.
We may terminate or suspend your account if you violate these Terms of Use. Upon termination, your right to access the Services will immediately cease, and any content you have stored may be deleted.
To the fullest extent permitted by law, D4 Media Inc, its affiliates, and their respective officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services. This limitation applies whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory.
These Terms of Use are governed by the laws of the State of California, USA, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms of Use will be resolved exclusively in the state or federal courts located in California.
We reserve the right to modify these Terms of Use at any time. We will notify you of any changes by updating the “Last Updated” date at the top of this page. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use.
Our Site may contain links to third-party websites that are not owned or controlled by D4 Media Inc. We are not responsible for the content, privacy policies, or practices of any third-party websites. Accessing third-party links is at your own risk.
Any disputes arising out of or relating to these Terms of Use or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. By agreeing to arbitration, you waive any right to participate in a class action lawsuit or class-wide arbitration.
If you have any questions or concerns about these Terms of Use, please contact us at termsofuse@d4media.com.
These Terms of Use constitute the entire agreement between you and D4 Media Inc regarding the use of the Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.