Terms

The following rules ("Terms and Conditions") govern the use of the website located at URL www.1stakes.tv and the services offered on this site, such as the ability to post and consume media content, send us feedback and link to other sites (collectively, our "Site").  As used in these Terms and Conditions, Dimmersion refers to Dimmersion, Ltd. Liability Co., and its subsidiary and affiliated entities, individually or together and is referred to in these Terms and Conditions as “Dimmersion”, “we”, “us”, and “our”.  These Terms and Conditions apply to other websites which we run and which display a direct link to these Terms and Conditions, but do not apply to websites that do not link to our Terms and Conditions or to websites which have their own Terms and Conditions.

Our Site is owned and operated by us.  Unless otherwise specified and as between you and us, all materials appearing on our Site, including the text, site design, graphics, logos, trademarks, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Dimmersion, © 2014.  ALL RIGHTS RESERVED. All audio and video clips are the sole property of Dimmersion or our respective content providers.  The content and software on our Site is the property of Dimmersion and/or its partners, distributors or suppliers and is protected by U.S. and international copyright laws.  Except as set forth herein, you may only view, download, print and retain a copy of pages of our Site provided that (i) use of such information from our Site is for informational, personal and non-commercial use only, (ii) such information will not be copied, transferred or transmitted to another person or entity, posted on any network computer or broadcast in any media, (iii) any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (iv) no modifications to, or derivatives of, such information shall be made.  Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission.  All rights not expressly granted herein are reserved.

The absence of a product or service name, slogan or logo from the Site does not constitute a waiver of our trademark or other intellectual property rights concerning that name, slogan or logo.  All custom graphics, icons, logos and service names are trademarks, or service marks of Dimmersion.  All other trademarks or service marks are property of their respective owners.  The use of any Dimmersion trademark or service mark without our express written consent is strictly prohibited.  In order to maintain the value of these marks, it is important that they are used correctly.

We welcome all comments, information, or materials ("Feedback"), which you submit to us through or in conjunction with our Site.  Please note that Feedback shall be considered non-confidential and become the property of Dimmersion.  By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback.  We shall be free to use Feedback on an unrestricted basis.

Certain content from third party sources may be made available as part of our Site.  This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.  We may change or delete any content at any time in our sole discretion.

By using our Site, you understand and agree to accept and to be legally bound by these Terms and Conditions, and to follow these Terms and Conditions and all applicable laws and regulations governing our Site.  If you do not agree to these Terms and Conditions, you may not use this Site.  We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.

Special terms may be posted along with certain services or promotions, and are in addition to these Terms and Conditions.  In the event of conflict, the special terms will prevail over these Terms and Conditions.

You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged.  Such consideration includes but is not limited to your use of this Site, as well as the receipt of data, materials, and information available at or through this Site.

WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION CONTAINED IN OUR SITE MAY, AT TIMES, CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.  WE CANNOT GUARANTEE THAT THE CONTENT OR OTHER INFORMATION PROVIDED THROUGH OUR SITE WILL BE ACCURATE OR UP-TO-DATE, OR THAT OUR SERVICES WILL OPERATE CORRECTLY.  IN THE EVENT ANY SERVICE IS NOT ACTUALLY AVAILABLE OR IS NOT FUNCTIONING PROPERLY OR A PRODUCT IS NOT ACTUALLY AVAILABLE PER THE TERMS STATED ON OUR SITE DUE TO TYPOGRAPHICAL ERROR, OR OTHERWISE, WE SHALL HAVE THE RIGHT TO REFUSE TO PROVIDE SUCH SERVICES OR PRODUCTS.  INFORMATION ON SERVICE OR PRODUCT AVAILABILITY IS SUBJECT TO CHANGE WITHOUT NOTICE.

OUR SITE AND THE CONTENT ON OUR SITE IS PROVIDED BY US ON AN "AS-IS" BASIS.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF OUR SITE, AND THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OUR SITE.

IN ADDITION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE SERVICES OR PRODUCTS OFFERED THROUGH OUR SITE OR USED IN CONJUNCTION WITH OUR SITE AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES.

 

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF OUR SITE OR THE SERVICES OR PRODUCTS OFFERED AS PART OF OUR SITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.  FURTHER, DTS SHALL NOT BE HELD LIABLE FOR ANY PERFORMANCE DELAY OR FAILURE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR ANY OTHER CAUSE BEYOND REASONABLE CONTROL.