DifferentWho.com (“DIFFERENTWHO”, “we”, “us” or “our”) provides an online video service offering a selection of professional video recordings, clips, movies, and other content (collectively, the Content). Our video service, the Content, our player for viewing the Content and any other features, tools, applications, materials, or other services offered from time to time by DIFFERENTWHO in connection with its business, however accessed, are referred to collectively as the Services.
We provide our Services to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this Agreement). If you do not agree to any of these terms, then please do not use the Services.
Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy.
1. DESCRIPTION AND USE OF SERVICES
DIFFERENTWHO.com is a place to view content that may include information, text, images, audio, video, articles, and any other content.
We provide Visitors with access to the Services as described in this Agreement. Visitors, as the term implies, are people who don’t register with us. No login is required for Visitors. Visitors can (a) watch and rate all content; (b) search for content; (c) post comments about the content; and (d) e-mail us.
2. THE CONTENT
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by DIFFERENTWHO in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by DIFFERENTWHO in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by DIFFERENTWHO. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by DIFFERENTWHO in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
3. OWNERSHIP
You agree that DIFFERENTWHO owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by DIFFERENTWHO and DIFFERENTWHO licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
4. RESTRICTIONS
The Services are available for individuals aged 13 years or older. If you are 13 or older, but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
5. THIRD PARTY DESTINATIONS
If we provide links or pointers to other websites or destinations, you should not infer or assume that DIFFERENTWHO operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the DIFFERENTWHO Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the DIFFERENTWHO Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.
6. ADVERTISEMENTS
DIFFERENTWHO takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the DIFFERENTWHO Services are between you and the advertiser, and you agree that DIFFERENTWHO is not liable for any loss or claim that you may have against an advertiser.
7. COMMUNICATIONS WITH US
Although we encourage you to e-mail us via [email protected], we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
8. NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE CONTENT, THE SERVICES, AND THE USER SUBMISSIONS AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, ITS SERVERS, ITS CONTENT, OR THE USER SUBMISSIONS ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTENT OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE CONTENT AND THE SERVICES ARE PROVIDED ON AN AND AVAILABLE BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES™ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CONTENT OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services, the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
10. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
DIFFERENTWHO respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the act) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
KV, LLC
Attention: DMCA
77 Sands Street, Brooklyn, New York 11201
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
12. MISCELLANEOUS
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over DIFFERENTWHO, either specific or general, in jurisdictions other than New York. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicense.
VIDEO DISCLAIMER FOR ANY VIDEOS, VIDEO RECORDINGS, CLIPS, MOVIES AND OTHER CONTENT (COLLECTIVELY THE CONTENT) PUBLICLY LICENSED UNDER A CREATIVE COMMONS LICENSE (3.0)
The video(s) brought to you by DifferentWho.com are offered to the public for information and entertainment purposes only.
Any and all information perceived from these video(s) through either visual, verbal, or written means, should be considered the sole opinions of the Producers, the Writers and the Actors involved in the making of this video(s).
The Producers, Writers and Actors of these video(s) have used their best efforts in producing these video(s) but neither Producers, Writers nor Actors of these video(s) make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this video. The information contained in these video(s) is strictly for entertainment and informational purposes. Therefore, if you wish to apply concepts or ideas contained in these video(s), you are taking full responsibility for your actions.
Neither the Producers, Writers or Actors, nor the copyright holder or assigned users of these video(s) shall in any event be held liable to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, and without warranties.
As in all cases, viewers should never take any information perceived from these or any other video(s) at face value and should always do their own due diligence on any viewed material to form their own opinions and best judgments. And where applicable, the advice of a competent legal, tax, accounting or other professional should be always sought before taking action of any kind.
The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in these video(s).
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
These video(s) are copyrighted by the creators of the videos unless otherwise stated in the description section below each video and is protected under the US Copyright Act of 1976 and all other applicable international, federal, state and local laws, with ALL rights reserved.