Terms of Service
Welcome to Diligent Media Solutions, LLC (“Diligent Media Solutions,” “we,” “us,” or “our”). Please read these Terms of Service (“Terms”) carefully before using the diligentmediasolutions.com website (the “Website”) or any content, services, or products provided by Diligent Media Solutions through the Website. These Terms constitute a legally binding agreement between you and Diligent Media Solutions. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the Website or use any of the services.
1. Age Requirement
The Website is intended for individuals who are at least 18 years old. By accessing or using the Website, you represent and warrant that you are at least 18 years old.
2. Account Responsibility
If you create an account or blog on the Website, you are responsible for maintaining the security of your account and blog. You are fully responsible for all activities that occur under your account and any other actions taken in connection with your blog. You must not use misleading or unlawful keywords to describe or assign to your blog, and we reserve the right to change or remove any inappropriate or unlawful descriptions or keywords. You must immediately notify us of any unauthorized use of your blog, your account, or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Content Responsibility
If you operate a blog, post material, or make content available through the Website, you are entirely responsible for the content and any harm resulting from it. You represent and warrant that:
– Your content does not infringe the proprietary rights of any third party.
– You have the necessary rights or permissions to post or make available the content, including any intellectual property rights.
– You have fully complied with any third-party licenses relating to the content.
– Your content does not contain harmful or destructive content, such as viruses, worms, or malware.
– Your content is not spam, machine-generated, or designed to mislead recipients or promote unlawful acts.
– Your content is not pornographic, threatening, or violating the rights of any third party.
– Your blog is not advertised via unwanted electronic messages such as spam links or other unsolicited promotional methods.
– Your blog’s name does not mislead readers into thinking that you are another person or company.
By submitting content to us for inclusion on your Website, you grant us a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the content solely for the purpose of displaying, distributing, and promoting your blog. If you delete content, we will make reasonable efforts to remove it from the Website, but caching or references to the content may not be immediately unavailable.
We reserve the right to refuse or remove any content that violates our policies or is harmful or objectionable. We may also terminate or deny access to the Website to any individual or entity for any reason.
4. Payment and Renewal
If you select a product or service on the Website, you agree to pay Diligent Media Solutions the specified fees. Subscription payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of that service for the indicated subscription period. Payments are not refundable unless otherwise stated.
If you have a paid services account, you may cancel it by providing us with written notice at least thirty (30) days in advance.
5. Copyright Infringement and DMCA Policy
We respect the intellectual property rights of others. If you believe that material located on or linked to by diligentmediasolutions.com violates your copyright, please follow our Digital Millennium Copyright Act (“DMCA”) Policy to notify us.
6. Intellectual Property
All right, title, and interest in and to the Website and its content, including trademarks and logos, belong solely to Diligent Media Solutions or its licensors. Your use of the Website grants you no right or license to reproduce or use any Diligent Media Solutions or third-party trademarks.
Diligent Media Solutions may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Website.
8. Disclaimer of Warranties
The Website is provided “as is.” Diligent Media Solutions and its suppliers and licensors hereby disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be error-free or that access to it will be continuous or uninterrupted. You understand that you download content or services through the Website at your own risk.
9. Limitation of Liability
In no event will Diligent Media Solutions, its suppliers, or licensors be liable for any special, incidental, or consequential damages, the cost of substitute products or services, interruption of use, or loss or corruption of data. Our liability for any claim arising under these Terms shall not exceed the fees paid by you to Diligent Media Solutions during the twelve (12) months prior to the cause of action.
You agree to indemnify and hold harmless Diligent Media Solutions, its contractors, and licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and any violation of these Terms.
These Terms constitute the entire agreement between Diligent Media Solutions and you concerning the subject matter hereof. They may only be modified by a written amendment signed by an authorized executive of Diligent Media Solutions or by the posting of a revised version on the Website.
The agreement is governed by the laws of the state of Louisiana in the United States, excluding its conflict of law provisions. Any dispute arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.
If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. These Terms are binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.