This document is a legally binding agreement (“Agreement”) between you and Divine Spirit Network, LLC, a California company (“Divine Spirit Network”), that governs your use of Divine Spirit Network TV and social entertainment streaming service, including our software and streaming applications, our social discovery and sharing tools, and our collection of content, accessed via the Divine Spirit Network site located at www.DivineSpiritNetwork.com, via Divine Spirit Network applications on connected devices, or via third-party sites such as Facebook (collectively, the “Service”).
1. Contract Formation
Please read this Agreement carefully. By accessing or using the Service, you agree to be bound by the terms of this Agreement and all terms incorporated by reference. If you do not agree to all of these terms and conditions, you may not use the Service. If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify you and Divine Spirit Network for violations of this Agreement. This Agreement does not alter in any way the terms or conditions of any other agreement you or any entity may have with Divine Spirit Network or its subsidiaries or affiliates.
2. Changes
Divine Spirit Network reserves the right to modify this Agreement or any other policies or guidelines of the Service at any time and in its sole discretion. Any changes will be effective immediately upon posting of revisions to www.DivineSpiritNetwork.com, and you waive any right you may have to receive specific notice of such modifications. Your continued use of the Service following the posting of modifications confirms your acceptance of such modifications, though we may at our discretion notify you of material changes and ask you to re-accept this Agreement. If at any time you no longer agree to the current Terms of Use, you must stop using the Service.
3. Services
Divine Spirit Network is a television network and social entertainment streaming service that provides a curated collection of video and audio works within an online environment that enables you to explore, discover, watch, and share some of the best videos from around the world. We syndicate all video content on OTT and Smart TV Devices, all over the world and our goal is to get your content featured as many places as possible. You acknowledge and agree that, as part of our ordinary course of business, our order fulfillment and request processing may include sharing your Divine Spirit Network activity stream (movies watched, or rated, as well as other content like articles, reviews, or commentary that you may experience or create yourself) through Facebook and other social media platforms, once you have connected your Divine Spirit Network account with such platforms.
4. Account Information
You agree to provide accurate, current, and complete information about you as may be requested by any login or registration forms within the Service (“Registration Data”); to maintain the security of your password and identification; to maintain the accuracy and currency of your Registration Data; and to accept all risks of unauthorized access to the Registration Data and any other information you may provide to Divine Spirit Network. If you provide us a credit card account for a subscription under our Subscriber Services Agreement or for any other reason, you represent and warrant that you are authorized to use and have fees charged to the credit card number you provide to us.
5. Copyright
Unless otherwise indicated, the Service and all content and materials on the Site, including, but not limited to, films, trailers, audiovisual works, designs, text, graphics, pictures, information, data, software, sound files, logos of Divine Spirit Network or its partners, other files, and the selection and arrangement thereof (collectively, “Materials”) are the proprietary property of Divine Spirit Network or its licensors, partners, or users, and are protected by U.S. and international copyright laws, for the sole purpose of distribution. Divine Spirit Network does not require exclusivity and upon canceling the distribution relationship with Divine Spirit Network, you retain all rights to content uploaded on DSN.
6. License
DSN allows you a limited, non-exclusive, non-transferrable, revocable license to make personal, non-commercial use of the Service and to receive by on-line delivery the Materials made available through the Service. You acknowledge that the Service and Materials may vary over time and depending on the geographic location from which you access the Materials, and recognize that Divine Spirit Network may change the Service and Materials at any time, without notice.
You may access and use the Site and electronically copy (except where prohibited without a license) or print to hard copy portions of the Materials (except Third Party Content) for your informational, non-commercial, and personal use only.
Unless explicitly stated, nothing in this Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
7. License Limitations and Restrictions
Except as otherwise expressly permitted, your license does not permit (i) resale or commercial use of the Service or Materials; (ii) distribution, public performance, or public display of the Service or Materials; (iii) modifying or otherwise making any derivative use of any portion of the Service or Materials; (iv) downloading (other than page caching) any portion of the Service or Materials; or (v) any use of the Service or Materials for other than their intended purpose.
You agree not to modify, translate, or create derivative works of any Materials, except as may be permitted and enabled within the Service. You agree not to sell, assign, sublicense, rent, lease, loan, provide, distributor, or otherwise transfer any Materials. Specifically, you agree not to reproduce or copy any film, or to remove or alter any trademark, logo, copyright, or other proprietary notices associated with any film. You also agree not to cause or permit any other party to do any of these things.
Any use of the Service or Materials other than as specifically authorized in this Agreement, without prior written permission of Divine Spirit Network, is strictly prohibited and will terminate the license granted in this Agreement. Such unauthorized use may also violate copyright, trademark, telecommunications, and other applicable laws.
8. User Content and Interactive Areas
The Service includes review and comment areas, forums, message boards, profile information, and other similar areas, both on the Divine Spirit Network site and on Facebook and other social networks (collectively, “Interactive Areas”), in which you or other users may create, post, link, store, or otherwise make available opinions, questions, data, information, text, items, content, or other materials (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk.
By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce that content. If you post User Content, unless we indicate otherwise, you grant Divine Spirit Network and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media on or in connection with the Service, and, if they choose, to use the name you submit in connection with such content. You retain any ownership interest in User Content that you may have under copyright and other intellectual property laws, and may terminate Divine Spirit Network’ license to your User Content by removing the User Content from Divine Spirit Network.
You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish any of the following:
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent, or otherwise objectionable material (as determined in Divine Spirit Network’ reasonable discretion)
• User Content that constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any party, or would otherwise create liability
• User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
• Unsolicited promotions, political campaigning, advertising, or solicitations
• Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers, account numbers, or similar information
• Viruses, corrupted data, or other harmful, disruptive, or destructive files
As a provider of interactive services, Divine Spirit Network is not liable for any statements, representations, User Content, or third-party content provided on the Service and in any Interactive Area, including but not limited to mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Although Divine Spirit Network has no obligation to screen, edit, or monitor any User Content posted to any Interactive Area, Divine Spirit Network reserves the right, at its absolute discretion, to remove, screen, or edit any User Content at any time, for any reason, without notice.
9. Hyperlinks and Third Party Content
Divine Spirit Network provides third-party content on the Service, including links to Web pages, as a service to those interested in this information. Divine Spirit Network provides these links and information as a convenience. Divine Spirit Network makes no representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of such information, or any third-party sites or services accessible via hyperlink from the Service. Divine Spirit Network is not responsible or liable in any manner for such third-party content or links, and undertakes no responsibility to update or review such material. When you leave the Divine Spirit Network Service, you should be aware that our terms and policies no longer govern. Users who access such third- party content or links do so at their own risk.
Divine Spirit Network may run advertisements and promotions from third parties, or provide information about or links to third-party products or services. Your business dealings with such third parties, and any associated terms, conditions, warranties, or representations are solely between you and that party. Divine Spirit Network is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or the presence of such advertisers or information within the Service.
10. Privacy Policy
Please refer to our Privacy Policy for information on how Divine Spirit Network collects, uses and discloses personally identifiable information from its users.
11. Enforcement
Enforcement of the rules set forth in this Agreement is solely at Divine Spirit Network’ discretion. Our failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain content that is prohibited by these rules. Any use of the Service, including Interactive Areas, in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Service.
12. Trademarks
Divine Spirit Network’ name, logo, and any other service name or slogan contained in the Service are trademarks of Divine Spirit Network or its affiliates, suppliers, or licensors, and may not be copied, imitated or used, in whole or in part, including in metatags or hidden text, without the prior written permission of Divine Spirit Network or the applicable trademark holder.
13.Indemnification
You agree, at your sole expense, to defend, indemnify and hold Divine Spirit Network, its directors, employees, and agents, harmless from and against any and all actual or threatened suits, actions, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest, and disbursements) caused by, arising out of, resulting from, attributable to, or in any way incidental to: (i) your use of the Service, the Materials, or the Interactive Areas; (ii) your conduct; (iii) your violation of this Agreement or the rights of any third party; or (iv) any User Content.
14. Disclaimer
Unless otherwise expressly set forth in writing, the Service, the Materials, User Content, and any other services or material made available to you through the Service are provided on an As Is and As-Available basis, with no representation or warranty of any kind. Divine Spirit Network does not warrant that any such materials are free of viruses or other harmful components, and makes no representation or warranty with respect to availability, reliability, or security, except as stated expressly in this Agreement or our Privacy Policy. Divine Spirit Network expressly disclaims any warranty of merchantability, fitness, or suitability for any purpose, whether or not Divine Spirit Network knew or should have known of such purpose. Divine Spirit Network does not represent that the Service or Materials are accurate, complete, reliable, current, or error-free.
15. Limitation of Liability
In no event will Divine Spirit Network be liable to you or to any third party for loss of revenue, loss of profits, or any special, indirect, incidental, exemplary, or consequential damages of any kind arising out of or in connection with the Service, Materials, User Content, third-party materials, your conduct, or the conduct of any other users, or arising out of any reliance by any user on information obtained from us, mistakes, omissions, interruptions, defects, viruses, delays in operation, or unauthorized access to Divine Spirit Network records, programs, or services, regardless of the form of action, even if Divine Spirit Network has been advised of or is aware of the possibility of such damages.
In no event will our total cumulative liability to you or any third party arising out of or in connection with any of the foregoing exceed the aggregate of the net amounts paid by you to Divine Spirit Network.
Divine Spirit Network is in no way responsible for any claims, comments or information that you disseminate regarding reach, visibility, views, distribution, guarantees or anything else, in any form of media or communication, that falls outside of our current Media Kit and statistics. Please note some distribution is subject to network approval and distribution partners can change at any time without notice.
16. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable laws, Divine Spirit Network has adopted a policy to terminate, in appropriate circumstances and at Divine Spirit Network sole discretion, members or subscribers who are deemed to be repeat infringers. Divine Spirit Network may also at its sole discretion limit access or terminate accounts of any person who infringes any intellectual property right, regardless of repeat infringement.
17. Copyright Complaints
If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement with support@DivineSpiritNetwork.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees incurred by us or the alleged infringer, as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
18. Applicable Law and Venue
This Agreement shall be governed and construed in accordance with the laws of the State of California without resort to its conflict of law provisions. You agree that any dispute, controversy, or claim arising out of or relating to this Agreement will be filed only in the state or federal courts located in Los Angeles County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.
19. Termination
Divine Spirit Network reserves the right, without notice and in its sole discretion, to terminate your license to use the Service or Materials, and to block or prevent your future access and use. As a channel partner, if you wish to cancel your DSN subscription we require a 30 day written notice on any monthly subscriptions packages. For yearly distribution contracts we do not offer any refunds of any sort for unused time on the platform. Channel partners with a recurring yearly payment must submit a cancelation in writing 30 days prior to the renewal for any subsequent years. Failure to provide written notice within 30 days of any billing cycle does not warrant any refund under any circumstance whatsoever.
20. Severability
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
21. Pay-Per-View Clients
As a Pay-Per-View client with Divine Spirit Network, the content creator has the ability to set the pricing for each item. Divine Spirit Network will pay 80% of the net proceeds on all content sales on the last day of each calendar month via PayPal or direct bank payment (Zelle). Net sales is defined by the total amount of the sale minus 1% for the distribution partner network and 3.5% of transaction for credit card processing fees. Sales for each month are determined on the 25th at the end of the day EST, or the next calendar business day.*Distribution platforms such as ROKU, Apple TV and others may take an additional transaction fee which will be deducted from the net commissions.
1/24/2020
