DRMfree.com Terms of Service
1) CHANGES TO THE TERMS OF SERVICE
2) USING THE SERVICE
a) Permission to Use the Service: We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
b) Site Availability: The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
c) Advertising: DRMfree.com may publicly display advertisements and other information adjacent to or included with articles, listings, or other content. Unless by agreement specifically between you (as an individual or a business) and DRMfree.com, you are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Listings and products on DRMfree.com may consist of any one or more of the following:
a) a paid listing whose information is provided to us by an individual claiming to be an owner, employee, or associate of the that particular business;
b) a free listing whose information is provided to us by an individual claiming to be an owner, employee, or associate of the that particular business;
c) a free or paid listing where we, DRMfree.com, gather publicly available information and present it on DRMfree.com, either directly from the online retailer’s website, or paraphrased in some way;
d) a listing whose information is provided to us by a third party completely unaffiliated with that particular publisher or retailer site.
e) a product listing wherein we receive a fee or commission for tracked sales.
** Many of the listings on DRMfree.com are unilaterally added by DRMfree.com without any notice or permission given by the retailer sites’ owners or employees. We do our best to make sure the information is accurate, and this is usually done by gathering information DIRECTLY from their websites. However, we make no guarantee as to the accuracy of this information and may not check to see if this information has changed over time. WE CANNOT INDEPENDENTLY VERIFY WHETHER A SPECIFIC PRODUCT LINKED TO FROM, OR MENTIONED ON, DRMFREE.COM IS FULLY DRM FREE. INSTEAD WE ACCEPT THE INDIVIDUAL OR RETAILER/PUBLISHER’S WORD FOR IT USING PRIVATELY OR PUBLICLY AVAILABLE INFORMATION. WE DO OUR BEST, BUT IT IS IMPOSSIBLE TO KNOW FOR SURE SINCE WE DON’T HAVE COPIES OF THE PRODUCTS OURSELVES. PERHAPS SOMEDAY WE WILL EXPAND AND BE ABLE TO OBTAIN COPIES EVERY PRODUCT AND INVESTIGATE- BUT NOW WE JUST DO OUR BEST TO AGGREGATE WHAT WE REASONABLY BELIEVE IS DRM FREE. It is your responsibility to thoroughly investigate on your own every product that you see on our website and decide to pursue or purchase. The information on the retailer’s site is what you should ultimately rely on. Prices, descriptions, images, features, deals, and any other characteristics of products or websites linked to on DRMfree.com may constantly change; we make no guarantee that the information you see on DRMfree.com is accurate. It is simply our goal to make visitors aware of the existence of the DRM free movement, DRM free products, and DRM free companies all around the world. It is the nature of online stores, websites, or other online resources to change things over time, so always independently research, research, and research a product that you like before purchasing it.
Like most websites and businesses, it is in our interest to track user behavior, including, but not limited to, user location, IP address, specific pages visited, length of time per visit, and referring websites, search engines, or other referrers. By using DRMfree.com, you grant us permission to track your behavior across the Site in any way we choose. We use publicly available tools, including but not limited to, Google Analytics and Chartbeat.com (real time analytics), both of which leave you anonymous. We cannot specifically see who you are, but the anonymous information is still very helpful to us for adding features, and creating content and promotions. When creating an account, whether a Business Account or regular Visitor Account, you are required to provide us with your name and email address. This information will not be sold to any third parties. If you are a paid business owner and provide us with business information, we will not sell this information to any third parties without your permission. However, by default we will include all of the information that you provide to us in your public listing. If you provide us with this information but later decide that you don’t want it published, you will generally be able to edit the listing by logging into your account, or if that option is not available, by emailing us. If this does not work, and we make no guarantees that it will, you can send us an email to support[at]DRMfree.com and we will make a reasonable effort to remove this information. Your decision to remove your listing from the Site does not entitle you to any refund. We reserve the right in our own discretion to provide pro-rata refunds on a case-by-base basis for advertisers who would like to discontinue their listing on DRMfree.com.
Notwithstanding the aforementioned disclosure policy, we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Service; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Service outside of the United States, you consent to having your personal data transferred to and processed in the United States.
5) Copyright and trademark disputes
On notice, we will act expeditiously to remove content on the Site that infringes the copyrights of others. If you believe that the Site contains elements that infringe your copyrights in your work, please contact us by emailing: support[at]DRMfree.com
6) HYPERLINKS TO THIRD PARTY SITES
7) DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE, OR ANY WEBSITES CONNECTED BY HYPERLINK, WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, MATERIALS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site or any websites connected by hyperlink to the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, postings and materials associated with your use of the Site.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS, LISTINGS AND MATERIALS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY DRMFREE.COM, THEIR AFFILIATES OR AGENTS SHALL BE, AT DRMFREE.COM’S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON DRMFREE.COM; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO DRMFREE.COM. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8 ) INDEMNIFICATION
You agree to indemnify, defend and hold the DRMfree.com, and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, Your Content, which includes any activity made under your Visitor or Business Account, whether or not it was made by you.
9) Governing Law
This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.