The following terms and conditions govern all use of the dvdlater.com website and all content, services and products available at or through the website (taken together, the "Website"). The Website is owned and operated by Liquid Mongoose, LLC. ("Liquid Mongoose"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Liquid Mongoose (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Liquid Mongoose, acceptance is expressly limited to these terms.
You are responsible for maintaining the security of your account. You are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Liquid Mongoose may change or remove any description or keyword that it considers inappropriate or unlawful or otherwise likely to cause Liquid Mongoose liability. You must immediately notify Liquid Mongoose of any unauthorized uses of your account or any other breaches of security. Liquid Mongoose will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Liquid Mongoose has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Liquid Mongoose does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful, inaccurate or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Liquid Mongoose disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which dvdlater.com links and that link to dvdlater.com. Liquid Mongoose does not have any control over those non-dvdlater.com websites and webpages and is not responsible for their contents or their use. By linking to a non-dvdlater.com website or webpage, Liquid Mongoose does not represent or imply that it endorses or is affiliated with such websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Liquid Mongoose disclaims any responsibility for any harm resulting from your use of non-Liquid Mongoose websites and webpages.
As Liquid Mongoose asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by dvdlater.com violates your copyright, you are encouraged to notify Liquid Mongoose in accordance with Liquid Mongoose's Digital Millennium Copyright Act ("DMCA") Policy. Liquid Mongoose will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Liquid Mongoose or others, Liquid Mongoose may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Liquid Mongoose will have no obligation to provide a refund of any amounts previously paid to Liquid Mongoose.
This Agreement does not transfer from Liquid Mongoose to you any Liquid Mongoose or third party intellectual property and all right, title and interest in and to such property will remain (as between the parties) solely with Liquid Mongoose. Liquid Mongoose, dvdlater.com, and all other trademarks, service marks, graphics and logos used in connection with dvdlater.com or the Website are trademarks or registered trademarks of Liquid Mongoose or Liquid Mongoose's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Liquid Mongoose or third-party trademarks.
Liquid Mongoose reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Liquid Mongoose may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Liquid Mongoose may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by Liquid Mongoose if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Liquid Mongoose's notice to you thereof; provided that, Liquid Mongoose can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided "as is." Liquid Mongoose and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Liquid Mongoose nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Liquid Mongoose, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Liquid Mongoose under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Liquid Mongoose shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Liquid Mongoose, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited your violation of this Agreement.
This Agreement constitutes the entire agreement between Liquid Mongoose and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Liquid Mongoose, or by the posting by Liquid Mongoose of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Denver County, Colorado.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Liquid Mongoose may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.