Terms and Conditions for Disco
1. Introduction
Welcome to Disco (“Disco”, “we”, “us”, “our”). This document sets forth the terms and conditions (“Terms”) that govern your use of the Disco website, including any content, functionality, and services offered on or through the website (the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
2. Eligibility
The Services are intended solely for users who are 13 years of age or older. By accessing or using the Services, you represent and warrant that you are 13 or older and that you have the right, authority, and capacity to enter into these Terms.
3. Use of the Services
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
a. In any way that violates any applicable federal, state, local, or international law or regulation.
b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
d. To impersonate or attempt to impersonate Disco, a Disco employee, another user, or any other person or entity.
e. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Disco, may harm Disco or users of the Services or expose them to liability.
4. User Content
The Services may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, videos, and audio (“User Content”). You retain all rights in, and are solely responsible for, the User Content you make available through the Services.
By making any User Content available through the Services, you grant to Disco a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Disco’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to Disco the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, your submission, uploading, publishing, or otherwise making available of such User Content, nor Disco’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5. User Conduct
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
6. Intellectual Property
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Disco, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You hereby acknowledge that any unauthorized commercial use may violate copyright, trademark, and other laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b. You may store files that are automatically cached by your Web browser for display enhancement purposes.
c. You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
7. Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DISCO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND DISCO DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.
DISCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability
IN NO EVENT WILL DISCO, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
9. Indemnification
You agree to indemnify, defend, and hold harmless Disco, its affiliates, licensors, service providers, employees, agents, officers, and directors from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
10. General Terms
These Terms constitute the entire agreement between you and Disco with respect to the use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that these Terms and your use of the Services are governed under British Columbia provincial law. We each agree to submit to the personal jurisdiction of a state court located in Vancouver, British Columbia or the Canadian District Court.
In the event of any conflict between these Terms and any contract you have with Disco, the terms of that contract will control.
11. Changes to Terms
Disco reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
12. Contact Information
If you have any questions about these Terms, please contact us through our Contact Us page.
