Terms of Service
Published: September 13, 2020
Effective: October 1, 2020
Welcome to (the “Website”)!
Please take a few minutes to review these Terms of Service (the “Terms”) carefully. This is a legal agreement governing your relationship with DRM Scholars, LLC, and its affiliates, representatives, successors, and assigns (collectively, “DRM Scholars”), including, but not limited to, your use of the Website, including DRM Scholars’ book club, Mobile Application, online community services, and information, your purchase of DRM Scholars’ products or services, and your communication with DRM Scholars, now and in the future (collectively referred to herein as the “Services”).
1. Legal Agreement:
Your use of this Website is governed by the Terms discussed below creating a legal and enforceable agreement including any documents or policies they expressly incorporate by reference governing access to and use of DRM Scholars’ Services, including any activities provided through the Website.
Words such as “DRM Scholars,” “us,” “we,” “our,” or “it” refer to DRM Scholars, LLC, including all DRM Scholars owners, directors, members, employees, staff, contractors, interns, and volunteers. “You,” “your,” “User,” and similar words in these Terms means you, the individual accessing the Website or participating in the Services, as well as any other person or business on whose behalf you may be using the Website or who may have rights through you.
BY ACCESSING OUR SERVICES OR WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU SIGNED A FORMAL LEGAL CONTRACT.
PLEASE REVIEW SECTION 18 CAREFULLY BECAUSE IT CONTAINS DISPUTE RESOLUTION AND ARBITRATION PROVISIONS, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS AND ABILITY TO RESOLVE DISPUTES WITH US. THESE TERMS ALSO CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. SUCH DISCLAIMERS, OR ANY ITEMS DISCUSSED IN THESE TERMS, APPLY TO YOU AND ANY INDIVIDUAL UNDER THE AGE OF 18 FOR WHOM YOU ARE THE PARENT OR GUARDIAN.
BY ACCEPTING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
2. Age Restrictions:
You must be at least 18 years old to participate in the Services, including our Mobile Services, or use the Website. If you are a legal minor, meaning under 18 years old, you must have permission from a parent or legal guardian to use the Website or participate in the Services. If you are that minor’s parent or guardian, in granting permission for that minor’s use of the Website or Services. You acknowledge that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of our Website; and (iii) the consequences of any misuse by the minor or if the minor violates any of these Terms. We have no intention of collecting personal information from individuals under the age of 18.
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13 without verified parental or guardian consent. If you are under 13, you are not permitted to use our Website or any related Services and should not provide us with any Personal Information about yourself, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received any information from a child under 13 without verified parental consent, we will delete that information in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you believe we might have any information from or about a child under 13, please contact us at , and we will take reasonable steps to ensure that such information is deleted from our records.
By accessing the Website, you represent and warrant to us, meaning you guarantee that: (i) you are within the discussed age restrictions; (ii) you have the right, authority and capacity to agree to, and abide by these Terms; (iii) you will not use the Services or the Website for any unlawful purpose; and (iv) you will not use the Services or the Website for any purpose which violates these Terms, as determined by us.
3. DRM Scholars Account:
To use certain aspects of the Services, you must create a DRM Scholars account (the “Account”). When creating your Account, you must provide true, accurate, current and complete information as prompted by our registration forms, and to maintain and promptly update the information you provide to us in order to keep your information true, accurate, current and complete. It is your obligation to maintain and control passwords to your Account. If you create an Account, you authorize DRM Scholars to use your email address to register you for certain services and with certain service-providers in order for you to access the full range of Services available upon Account activation. If you do not authorize DRM Scholars to use your email address for such purposes, you must notify DRM Scholars in writing at firstname.lastname@example.org. In addition to any other rights or remedies DRM Scholars may have, we expressly reserve the right to immediately terminate your Account, remove your access to Account-based services, and cancel your Services without refund if you create an Account using a false identity or information, on behalf of someone other than yourself, or use another person's Account without permission.
You shall immediately notify us of if you suspect any unauthorized uses of your username and password, access to your Account, or any other breaches of security. YOU UNDERSTAND AND AGREE THAT YOU ARE ENTIRELY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS YOU TAKE UNDER YOUR ACCOUNT, EVEN IF YOU DID NOT AUTHORIZE THOSE ACTIVITIES OR ACTIONS. DRM Scholars will not be liable for your losses caused by any unauthorized use of your Account, but you may be liable for the losses of DRM Scholars or others due to such unauthorized use and your failure to comply with your security obligations.
These Terms shall remain in full force and effect while you participate in our Services, use the Website, maintain an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason by contacting DRM Scholars at . DRM Scholars may terminate your Account at any time, without warning and in DRM Scholars' sole discretion, if you breach these Terms, or otherwise at our sole discretion. Upon termination of your Account, DRM Scholars will delete all of your information and send a request to Wix and any other applicable third-parties to delete your information, as applicable. If DRM Scholars is unable to directly delete all of your information with any third-parties, DRM Scholars will notify you of such and provide instructions as to your ability to do so. It is your sole responsibility and not the responsibility of DRM Scholars to delete your information or accounts with third-party providers, if you so choose, if DRM Scholars is unable to do so on your behalf. DRM Scholar’s sole obligation is to provide you with notice and information as to how to delete the account, if requested or upon termination of your Account.
4. Legal Advice Disclaimer:
DRM Scholars provides the Services and Website for informational and reference purposes only. OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT ON THE WEBSITE, DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE, THE ADVICE OF AN ACCOUNTANT OR MEDICAL ADVICE, AND USE OF THE WEBSITE DOES NOT CONSTITUTE ADVICE FROM A LAWYER, AN ACCOUNTANT, OR A MEDICAL PROFESSIONAL. DRM Scholars is not a law firm or an attorney, an accountant or a medical professional. We encourage you to seek the advice of an attorney, including an attorney who practices in the area of regulatory compliance, if you require any legal advice. We expressly waive all liability related to the accuracy or reliability of any opinion, advice, or Content related to our Services or on the Website, so your use or reliance on that information is at your own risk.
5. Payment Terms:
DRM Scholars provides monthly and yearly membership packages to gain access and participate in DRM Scholars’ Services. All package purchases are final, and therefore nonrefundable. You cannot exchange any of your purchases and you cannot transfer them to another user or client of DRM Scholars.
Yearly membership packages shall automatically renew on an annual basis. Monthly membership packages shall automatically renew on a monthly basis. If you would like to cancel please send a cancellation request to at least fourteen (14) days prior to your package renewal date.
All prices for Services posted on this Website are subject to change without notice. The prices charged for the Services will be the price in effect at the time the purchase is made and will be reflected in your confirmation email. Price increases will only apply to orders placed after such changes.
Yearly membership packages rates will be locked in at the current rate available at the time of purchase. If a yearly membership is canceled for any reason and the member would like to return at a future date, the then current rate will apply to the new purchase.
Monthly membership packages are subject to the current rate available at the time of purchase, the rate is only valid for the month of purchase. The rate can change at any time for each subsequent month.
The prices for any Services available for purchase through DRM Scholars, do not reflect any federal, state or local taxes (collectively “Taxes”). Taxes or any additional charges will be itemized in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any purchases arising from such errors.
Terms of payment are within our sole discretion and unless otherwise agreed to by DRM Scholars in writing, we must receive payment before our acceptance of an order. Payments for our Services are done through third party platforms, which allow you to use a credit or debit card for purchases. Therefore, when making purchases you are subject to that third-party’s terms of service and privacy policies.
In purchasing a membership package to participate in DRM Scholar’s Services, you represent and warrant that (i) the payment information you supply for purchases is true, correct, and complete, (ii) you are duly authorized to use that payment for the purchase, (iii) charges incurred by you will be honored by your bank or credit card company, and (iv) you will pay any charges you incur at the Website-posted prices, including all applicable taxes, if any. In the event your payment is returned for any reason, you will automatically be charged any bank fee or third-party payment processor fee imposed on DRM Scholars, in addition to our own processing fee, as determined by DRM Scholars. If this occurs, we retain the right to collect any current and past due balances at any time after the returned payment.
In the event payment is declined and the issue is not resolved within thirty (30) days, yearly membership package holders will (1) no longer be eligible for their current package rate and will be subject to the then current available rate for packages and (2) lose any membership status, including, but not limited to VIP badges and early access to content within the community.
DRM Scholars reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel any purchases. These restrictions may include, but are not limited to, orders placed by or under the same Account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the email, billing address, or phone number provided at the time you place your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to update your Account and other information, including your email address and credit card information, promptly so that we, or a third-party on behalf of DRM Scholars, can complete your transactions and contact you as needed.
6. DRM Scholars Content:
(A) Content Generally
All Content on the Website or obtained from a Linked Site (defined below), or any Services you obtain through the Website, are provided to you ‘AS IS’, ‘AS AVAILABLE,’ and ‘WITH ALL FAULTS’. The Content and other information published through the Website may include inaccuracies or typographical errors. This means we use commercially reasonable efforts to provide you with useful Content, however, we do not warrant or represent that the Content or other information available through the Website or Services is complete or up-to-date, or without inaccuracies or typographical errors. THEREFORE, YOUR USE OR RELIANCE OF THE WEBSITE’S CONTENT IS AT YOUR OWN RISK, WITHOUT RECOURSE AGAINST DRM SCHOLARS. Under no circumstance will we be liable for any loss or damage caused by your reliance on any Content or other information obtained through the Website, a Linked Site, or our Services.
You may not copy, download, store, publish, transmit, transfer, sell or otherwise use Content, or any portion of the Content, in any form or by any means, except: (i) as expressly permitted by these Terms; (ii) with DRM Scholars’ prior written permission, or (ii) if not expressly prohibited by these Terms, as allowed under the fair use provision of the U.S. Copyright Act (17 U.S.C. § 107).
(B) Website Disclaimer
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN AS-IS BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DRM SCHOLARS NOR ANY PERSON ASSOCIATED WITH DRM SCHOLARS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DRM SCHOLARS NOR ANYONE ASSOCIATED WITH DRM SCHOLARS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, DRM SCHOLARS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DISCLAIMER DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(C) User Downloads
Except as otherwise provided in these Terms, your use of the Services or Website may include providing you with a revocable, perpetual, non-exclusive, worldwide license to download and store portions of Content we provide you through your Account (“User Downloads”) to your own storage device. This license only allows Users to do the following:
• Internally use and display User Downloads through your Account in connection with your participation in the Services; and
• Personally use and reference User Downloads at any point during or after your participation in the Services.
You agree that User Downloads shall not be stored or used in a third-party’s archival database or other searchable database unless expressly permitted by these Terms or it is included in one of DRM Scholar’s third-party’s archival database at the direction or discretion of DRM Scholars. You further agree that you shall not sell, license, or distribute User Downloads to third parties or use User Downloads as a component of or as a basis for any material offered for sale, license, or distribution. You shall also not reverse engineer, disassemble or decompile any User Downloads and take all reasonable measures to avoid unauthorized disclosure and use of the User Downloads. Users shall immediately notify DRM Scholars in the event of any unauthorized use or disclosure of the User Downloads.
You understand that we cannot and do not guarantee or warrant that User Downloads or other files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints on your devices, Internet browser, Router, or other Internet access point to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. You are also responsible for maintaining a means external to our Website to recover any potentially lost User Downloads or other data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
7. User Content:
(A) User Content Generally
You agree that you will not Post User Content that:
• Contains obscenities, as determined by us;
• Includes images of people who without their permission;
• Infringes on the intellectual property or other ownership rights of others; or
• Violates any provision of the Website use restrictions described in these Terms or we otherwise determine to be objectionable.
WE ARE NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT POSTED USING OUR SERVICES.
(B) User Content License
You further grant us the right to promote your User Content through Social Media Profiles or other marketing materials, as determined by us in our sole discretion.
Given the potential public nature of any User Content you Post, you understand that you are providing your User Content freely without creating any confidential or fiduciary relationship between you and us in any way. Therefore, you should be careful when developing your User Content and make sure that it does not include any confidential information. We will not be held responsible for the disclosure of confidential information included in any User Content.
You hereby irrevocably grant DRM Scholars the unrestricted right to use your name, voice, image, persona, appearance, likeness, identity, performance, recorded media or personal story (collectively “Likeness”) if your Likeness is included in any User Content. You further release your moral rights, ancillary rights, rights of publicity, editorial rights, or other rights with respect to your Likeness in connection with DRM Scholars’ marketing, business development and engagement of future clients, and acknowledge that your will not receive any compensation for the use of your Likeness. DRM Scholars will retain all rights, title, ownership and interest to User Content, and that the use of such User Content is within our sole discretion.
(D) Representations and Warranties for User Content
For any User Content you Post you represent and warrant, meaning you promise, the following:
• You own all of your User Content and if you do not own it you have all necessary rights, consents, and permissions to use your User Content;
• If your User Content includes someone’s Likeness, you have any necessary consents and releases from that individual;
• Your User Content does not and will not infringe, misappropriate, use, or disclose (without permission) or otherwise violate any copyright, trade secret right, or other intellectual property or other property right of any third party; and
• Your User Content is not illegal, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable (as determined by us).
If you are unsure whether any of your User Content complies with the above criteria or you have any questions about the legality of your User Content, we strongly recommend speaking to an attorney.
(E) Release and Waiver for User Content
You hereby waive, and release DRM Scholars, including its members, representatives, employees, contractors, clients, and users from, any claim or cause of action, whether known or unknown, for defamation, copyright or other intellectual property infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of your User Content in accordance with these Terms. This means that you, and not DRM Scholars, is entirely responsible for all User Content that you Post, upload, download, email, transmit, link to Social Media Pages, or otherwise make available or use through the Services or the Website. This also means you confirm that your User Content complies with all applicable laws and regulations and these Terms.
IF YOUR USER CONTENT INCLUDES ANY MATERIAL THAT INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY, YOU UNDERSTAND THAT DRM SCHOLARS IS NOT LIABLE FOR YOUR USE OF SUCH USER CONTENT AND YOU ARE DIRECTLY RESPONSIBLE FOR ANY AND ALL DISPUTES THAT ARISE FROM THE USE OF SUCH USER CONTENT.
In using the Website or participating in our Services, you further agree and understand that you may be legally responsible for damages suffered by other Users or third parties as the result of your remarks, information, feedback or other User Content Posted on the Website or through the Services that is legally actionable (meaning someone can sue you over it). Also, under the Federal Communications Decency Act of 1996, DRM Scholars is not legally responsible, nor can we be held liable, for damages of any kind arising out of or in connection to any legally actionable remarks, information, feedback, or other User Content you Post or make available on the Website or through the Services. Further, you agree to indemnify, hold harmless, and defend DRM Scholars from any liability or damages relating to any User Content Posted by you or by a third person using your Account.
(F) User Content Maintenance
As the Website or Services evolve, we may revise our User Content general practices or add limits. Email notifications will be sent out to all members and an announcement will be posted in the discussion forum in the member portal about any changes to our User Content general practices.
Some examples of potential changes include putting a cap on the maximum number of days DRM Scholars retains your User Content, the maximum size of any or all User Content files, the maximum disk space that will be allotted on our servers for User Content, and the maximum number of times or duration you may access the Services, including your Account, in a given period of time.
With that in mind, we may (but are not required to): (i) filter any User Content including but not limited to, deleting or replacing expletives or other harmful or offensive language; (ii) refuse to display any User Content; (iii) remove any User Content from the Website or your Account for any reason; or (iv) disclose any User Content, and the circumstances surrounding why it was Posted or used, to any third party for any reason or no reason. Although these are possibilities, we are not responsible for, and will have no liability for, the removal or non-removal of any User Content or for the failure to store any User Content, messages, and other communications or other User Content.
We do not endorse and are not responsible for: (i) any User Content provided by other Users; (ii) the accuracy or reliability of any opinion, advice, statement, or User Content; (iii) any User Content provided on Linked Sites (defined below); or (iv) the capabilities or reliability of any items or service obtained from a Linked Site related to any User Content.
8. Links from this Website to Other Websites (“Linked Sites”):
Our Website may provide links to other third-party sites that allow you to leave the Website (a “Linked Site”). We have no discretion or control over the contents or information on a Linked Site, and we do not verify, endorse, or have any responsibility for these Linked Sites, even if the Linked Site is a third-party service provider or part of one of our co-branding or promotional arrangements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, including if any Linked Site obtains or collects personally-identifiable information from you. If you decide to access any Linked Site, you do so entirely at your own risk and subject to the terms of service, privacy policies, or other conditions or policies for those Linked Sites.
10. Intellectual Property:
Please note, in these Terms, the phrase "intellectual property" describes the ownership rights or other protections over DRM Scholar’s creative and intellectual efforts. We describe what this means in more detail below.
The Website and its Content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, compilation, and arrangement thereof), are owned by DRM Scholars, its licensors, or other providers of such material (if any) and are protected by United States and international copyright, trademark, patent, trade secret, contract, and other intellectual property or proprietary rights laws. You do not own nor do you have title or interest to the Website, its Content, or other materials discussed in this paragraph.
These Terms permit the use of the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or other material on our Website or the sites of third-party provides which are accessible from your Account, expect as follows:
1. Your computer may temporarily store copies of such Website Content or materials incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Internet browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms.
5. If we provide social media features through the Website, you may take such actions as are enabled by those social media such features.
However, you must not under any circumstances:
1. Modify, translate, or otherwise create copies of any Content or materials from this Website.
2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any Content, Services, or materials available through the Website. If you wish to make any use of Content or other materials on the Website other than as discussed in these Terms, please contact DRM Scholars first at email@example.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website, including any Content, Services or other materials available through the Website or your Account that is in breach of the Terms, your right to use the Website and your Account may end immediately and you must return or destroy (DRM Scholars will decide which option) any copies of the materials you have made. In summary, no right, title, or interest in or to the Website or any Content, Services, or materials available through the Website is transferred to you, and all rights not expressly granted above are reserved by DRM Scholars. Any use of the Website not expressly permitted by these Terms is not only a breach of these Terms, but may also violate certain laws.
DRM Scholars’ name and all related names, logos, graphics, page headers, button icons, product and service names, designs, slogans and other Content are trademarks of DRM Scholars or its affiliates or licensors. You must not use such trademarks without our prior written permission. All other trademarks that appear on this Website or through the Services are the property of their respective owners.
11. Copyright Infringement:
We respect the intellectual property of others and ask that Users do the same, and we abide by the Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove any infringing or unauthorized materials from any User Content and terminate or disable a User’s ability to use the Services, Website, or Account. We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a Counter-Notification under the terms of the DMCA.
You may wish to consult a lawyer to determine your rights and obligations under the DMCA and any other applicable laws. Nothing here or anywhere on our Website should be construed as legal advice. The following notice requirements are intended only to comply with DRM Scholars’ rights and obligations under the DMCA and, in particular, 17 U.S.C. section 512(c), and do not constitute legal advice.
If you believe in good faith that your copyrighted work has been infringed by any content or materials on the Website, your Account, or otherwise in using the Services, and wish to have the allegedly infringing or unauthorized material removed, please provide our designated copyright agent with a written notice that includes all of the following information:
• Your physical or electronic signature;
• Identification of the copyrighted works that you claim to have been infringed;
• Identification of the Content on the Website that you claim is infringing and that you request us to remove;
• Sufficient information to permit us to locate such infringing Content;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the use of the infringing Content is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, which you make under penalty of perjury, that the information in your notification is accurate and that you are either the copyright owner or that you are authorized to act on behalf of the copyright or other rights owner.
Pursuant to the DMCA, any misrepresentation of material fact in a written notification automatically subjects the complaining party, meaning the individual notifying us of the infringement, to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our Designated Agent for notice of copyright infringement can be reached via certified mail or email:
8300 Greensboro Drive, Suite 138
Tysons, Virginia 22102
In accordance with the DMCA and other applicable law, DRM Scholars has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who have in any way infringed on our intellectual property rights, or the intellectual property rights of others. We may also at our sole discretion limit or terminate access to the Services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Linking To Our Website:
You may link to the Website, as long as that link is fair and legal and does not damage DRM Scholars’ reputation or take advantage of it and provided that your linking website does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not use an DRM Scholars logo or our other intellectual property to link to our Website without our express written permission.
This Website may provide certain social media features that enable you to:
1. Link from your own or certain third-party websites to certain content on this Website.
2. Send emails or other communications with certain content, or links to certain content, on this Website.
3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional Terms we provide with respect to such features. Subject to the foregoing, you must not:
1. Establish a link from any website that is not owned by you.
2. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
3. Link to any part of the Website other than the homepage.
4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any provision of these Terms.
We reserve the right to revoke your ability to link to the Website at any time and for any reason, as determined by us in our sole discretion. If we notify you revoking your limited right to link to the Website, you shall immediately cease using and remove any and all links to the Website you created, used, or controlled. We may disable all or any social media features and any links at any time without notice in our discretion.
Further, you may not use, frame, or utilize framing techniques (meaning, coding a word or image in a way that connects to another website when you click on it) to enclose any DRM Scholars trademark, logo or other proprietary information, including the images found on the Website, any text or the layout/design of any page or form contained on a page of the Website without our express written consent.
13. Website Use Restrictions:
You may not use or plan, encourage, or help others to use the Website and its Content (including any User Content) for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using the Website, you agree at all times that you shall not:
• Infringe on the copyrights or other intellectual property rights of DRM Scholars, a User, or a third party;
• Copy, distribute, or modify any part of the Services without our prior written authorization;
• Post inappropriate, inaccurate, false, misleading, or objectionable User Content to the Services, as determined by us;
• Transmit any Content which contains software viruses, or other harmful computer code, files or programs;
• Post Content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
• Make threats or use profanity;
• Harass, stalk or intimidate other Users;
• Manipulate or exclude identifiers in order to disguise the origin of any Content;
• Disrupt the networks connected to the Services, including but not limited to by: attempting to probe, scan or test the vulnerability of the Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with the Services, Website, or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing’;
• Circumvent, disable or otherwise interfere with security-related features of the Services, Website, or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services;
• Collect Content, personally identifying information, and/or other information from the Website, or otherwise access the Website, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion;
• Modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or distribute the Services;
• Rent or lease any rights in the Website in any form to any third party or make the Services available or accessible to third parties;
• Use any communications systems provided by the Website to send unsolicited or unauthorized communications, including but not limited to by email, SMS, MMS, or any other means;
• Remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices displayed on the Website;
• Mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to Content or other information that you provide to us;
• Link, deep link, ‘frame’ or ‘mirror’ any part of the Website without our prior consent; or
• Use the Website to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.
14. Website Termination, Restriction, and Modification:
Any of the Content or other materials on the Website may be out of date at any given time and we are under no obligation to update such Content. However, we reserve the right to modify, terminate, restrict, or suspend your Account, or access or use of the Services or Website at any time in our absolute and sole discretion, without notice to you, for any reason. We may also take any other actions that we, in our sole discretion, believe to be in the interest of the Website, our Services, DRM Scholars, and our users and clients as a whole. You agree that DRM Scholars shall not be liable to you or any third party for any modification, restriction, termination, suspension, or discontinuance of the Website or Services.
15. Mobile Applications, Texts, and Communications
Certain features of the Services may be made available through a mobile application or device, such as our Wix application or PodBean, including the ability to (i) upload content to the Website or your Account, (ii) browse the Website or your Account, (iii) purchase Services through your Account, (iv) communicate with DRM Scholars in using the Services, and (v) access certain items or services through an application downloaded and installed on your mobile device (collectively, the "Mobile Services"). These Mobile Services are incorporated as a part of DRM Scholars’ collective Services, any reference to “Services” includes the Mobile Services.
To the extent you access and use Mobile Services, your wireless service carrier's standard charges, data rates and other fees may apply. Also downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you through the Mobile Services. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
IF YOU CHOOSE TO USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES AND CONTENT ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR SERVICES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE WEBSITE, AND/OR THE SERVICES DRM SCHOLARS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DRM SCHOLARS MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, AND/OR CONTENT WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE, BUG-FREE, OR MALWARE-FREE BASIS. DRM SCHOLARS MAKES NO WARRANTY REGARDING THE QUALITY OF OUR SERVICES, WEBSITE, OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DRM SCHOLARS OR THROUGH THE SERVICES, WEBSITE, OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
17. Release and Waiver of Claims:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST DRM SCHOLARS AND OUR AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR DAMAGES (ACTUAL AND OR CONSEQUENTIAL), COSTS AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS RELATING TO, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, ARISING FROM OR IN ANY WAY RELATED TO: (A) THE SERVICES OR WEBSITE, (B) THIS AGREEMENT, (C) YOUR DEVICE, (D) CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITE, (E) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER’S REPRESENTATIONS OR WARRANTIES, AND/OR (F) ANY INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL INFORMATION AND/OR CONTENT OBTAINED OR ACCESSED BY OR THROUGH THE SERVICES OR WEBSITE. FURTHER, IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT ANY FACT RELATING TO ANY MATTER COVERED BY THIS AGREEMENT MAY BE FOUND TO BE OTHER THAN NOW BELIEVED TO BE TRUE, AND ACCEPT AND ASSUME THE RISK OF SUCH POSSIBLE DIFFERENCES IN FACT. IN ADDITION, YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS WHICH YOU MAY HAVE HAD UNDER ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT, TO THE FULLEST EXTENT PERMITTED BY LAW.
18. Limitation of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, OR EMOTIONAL DISTRESS RELATED TO OR RESULTING FROM ANY ASPECT OF OUR SERVICES OR WEBSITE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF (A) THE SERVICES, (B) THE WEBSITE, (C) THESE TERMS, (D) CONTENT OR USER CONTENT, (E) THE ACCOUNTS, (F) OR ANY OTHER ASPECT OF OUR SERVICES OR WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall our total liability to you for all damages (regardless of whether the Claim for such damages is based in contract, tort, strict liability, or otherwise) exceed one hundred twenty-five dollars ($125). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
19. Dispute Resolution:
Any dispute or claim relating in any way to your use of the Website or your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in a Commonwealth of Virginia small claims court if your claims qualify.
The binding arbitration will be administered in accordance with the rules of the American Arbitration Association (the “AAA”), in the Commonwealth of Virginia, and at our option, such arbitration shall be before a single neutral arbitrator selected in our sole and absolute discretion. The AAA Rules are available at or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (“FAA”) and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under these Terms or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Virginia.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
To begin an arbitration proceeding, you must provide DRM Scholars with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules available at www.adr.org or by calling the AAA at 1-800-778-7879). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
If for any reason a claim proceeds in court rather than in arbitration, then the dispute will be handled in the Commonwealth of Virginia courts. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. By using the Services or Website, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection of the courts located in the Commonwealth of Virginia closest to DRM Scholars principal office. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING TO THESE TERMS IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OTHER MATTERS INVOLVING YOU AND DRM SCHOLARS.
(B) Claim Procedure
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES OR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
By participating in the Services or using the Website for any reason, you agree to indemnify, defend, and hold DRM Scholars and our affiliates harmless from and against any and all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: (a) your use, misuse, or inability to use the Services or Website; (b) any infringement of a third party’s rights; (c) your Device; a breach of representation or warranty; (d) your User Content; disclosure or use of Content by you; (e) alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; (f) any defamatory, offensive, fraudulent, or illegal use of the Services or Website by you; (g) any accidental or improper disclosure of information; and any violation by you of these Terms or any of our other Policies.
By using the Services or Website, you agree that we may provide you with any notices or other communications electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you wish to opt out of promotional communications, please use the available “unsubscribe” link or contact us at: firstname.lastname@example.org.
22. Severability; No Waiver:
The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms is deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.
24. Third Parties:
From time to time, we may engage third parties or Affiliates to assist us in providing certain aspects of the Services or Website, including but not limited to marketing functions. You agree that we may engage such third parties in providing Services or Website to you, as determined by us.
25. Modifications to the Terms:
We reserve the right to revise and update these Terms together with our Polices and any other document referenced in these Terms, establishes the entire legal understanding between us and you. You agree that we may amend, modify, or alter our Terms or Polices at any time in our sole discretion without prior notice. All changes are effective immediately, but will not apply retroactively, when we post them on the Website, so your use of the Website or participation in the Services means you agree to be bound by those revisions. Therefore, we encourage you to periodically review these Terms.
You agree that your use of the Services or Website after such notification will constitute acceptance by you of such changes to these Terms. If you do not accept and agree to any revised portions of these Terms, you may reject them by immediately discontinuing use of the Services and the Website. In the event you reject the Terms and continue to access or use the Services or Website, such continued access or use is unauthorized.
Headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms. Further, whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neutral, and each word will include the singular form, plural form, and other conjugations of that word.
27. Governing Law; English Language:
28. Geographical Restrictions:
DRM Scholars’ Services and Website are controlled and offered from our facilities based in the United States. We provide this Website for use only by persons located in the United States. We make no representations or claims that the Services or Website are accessible or appropriate outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Services or Website from outside the United States, you do so on your own initiative and are responsible for compliance with any local laws.
You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Service. The Services or Website are designed and targeted to Users who reside in the United States. We make no representation that the Services or Website are operated in accordance with the laws or regulations of, or governed by, other nations. By accessing the Services or Website you certify that you meet the age and other eligibility requirements for use of the Services or Website. Those who access or use the Services or Website do so at their own volition and are entirely responsible for compliance with applicable law. Further, you agree to comply with all laws, restrictions and regulations relating to the export of items, Content, and the Services or Website. For purposes of the U.S. Export Administration Act (“Export Laws”), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”)) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving the Services, Website, and Content.
We value your comments and opinions. If you have questions, comments or a complaint about these Terms, you may send a written notice to us by email: email@example.com or mail: DRM Scholars, 8300 Greensboro Drive, Suite 138, Tysons, Virginia 22102.