THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.THEDURAN.COM (THE “SITE”) AND THE SERVICE OWNED AND OPERATED BY DRN MEDIA PLC (COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY REGISTERING FOR AND/OR USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.
Acceptance of Terms
The service is only available to individuals who are at least sixteen (16) years of age. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. The Duran may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
The services offered by DRN Media PLC (“The Duran” or ‘we’) include the www.theduran.com website (the ‘The Duran Website’), all The Duran mobile applications, all The Duran’s free and paid services and products, and any other features, content, or applications offered from time to time by The Duran in connection with The Duran website.
The Duran Website may modify this Agreement from time to time and such modifications shall be effective upon posting by The Duran on The Duran Website. You agree to be bound to any changes to this Agreement when you use The Duran Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
You may view (and, where applicable listen to) the content available on The Duran website for personal non-commercial use. You may occasionally print individual webpages on The Duran website for your private non-commercial use, provided that our copyright and trade mark notices are not removed.
Unless otherwise stated in these Terms, you must not (whether directly or indirectly) copy, download, store, make available, distribute, sell or offer to sell all or any part of the content or Site, or download or otherwise copy (whether directly or indirectly) any content, files or data from the Site to make or populate a database or publication of any kind whatsoever. Should you require any further information on this please contact us at [email protected]
You must not use all or any part of our Site or the contents on it for commercial purposes without our permission.
Users, whether or not registered, must not abuse our Report Abuse facility e.g. by making malicious reports.
- Content. We may publish, check, edit, remove or refuse to publish all or part of the comments or other material, including your name, town and country, which you submit to us (‘Your Content’), at our sole discretion. We are not obliged to do any of these things and we may not. We reserve the right to restrict, suspend, or terminate your access to all or any parts of The Duran Services and Products, for any or no reason, with or without prior notice and without any liability.
2. Eligibility. Use of and Membership in The Duran Services and Products is void where prohibited. By using The Duran Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of The Duran Services and Products does not violate any applicable law or regulation.
3. Term. This Agreement shall remain in full force and effect while you use The Duran Services or are a Member. You may terminate your Membership at any time, for any reason. The Duran may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
4. Fees. You acknowledge that The Duran reserves the right to charge for The Duran Services and Products and to change its fees from time to time at its discretion. If The Duran terminates your Membership because you have breached the Agreement, you shall be entitled to the refund of any unused portion of subscription or service fees.
5. Password. When you sign up to become a Member, you will also be automatically sent a password that you can change should you so wish. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify THEDURAN.COM. immediately ([email protected]) if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
6. Non-commercial Use by Members. The Duran Services and Products are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The Duran. Illegal and/or unauthorized use of The Duran Services and Products, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to The Duran Website is prohibited. Commercial advertisements affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of The Duran Services and The Duran Products.
7. Proprietary Rights in Content on www.theduran.com
(a) THEDURAN.COM does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, ‘Content’) that you post to The Duran Services and Products or host within The Duran platform. After posting your Content to The Duran website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (‘posting’) any Content on or through The Duran website and Products, you hereby grant to The Duran website limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through The Duran Services, The Duran APIs and The Duran Products.
(b) Without this license, The Duran would be unable to provide The Duran Services. For example, without the right to modify Member Content, The Duran would not be able to deliver message and other files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, The Duran could not allow Users to view content posted by Members. The license you grant to The Duran is non-exclusive (meaning you are free to license your Content to anyone else in addition to The Duran) fully-paid and royalty-free (meaning that The Duran is not required to pay you for the use on The Duran Services and Products of the Content that you post) sub licensable (so that theduran.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide The Duran Services), and worldwide (because the Internet and The Duran Services are global in reach). This license will terminate at the time you remove your Content from The Duran Services and Products. The license does not grant The Duran the right to sell your Content, nor does the license grant THEDURAN.com the right to distribute your Content outside of The Duran Services and Products.
(c) You represent and warrant that: (i) you own the Content posted by you on or through The Duran Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through The Duran Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through The Duran Services and Products.
(d) The Duran Services contain Content of THEDURAN.com and all subsequent THE DURAN domain extensions owned by DRN MEDIA PLC (‘The Duran Content’). The Duran Content is protected by copyright, trademark, patent, trade secret and other laws, and The Duran owns and retains all rights in The Duran Content and The Duran Services and Products. The Duran hereby grants you a limited, revocable, non-sublicensable license to reproduce and display The Duran Content (excluding any software code) solely for your personal use in connection with viewing The Duran Website and using The Duran Services and Products.
(e) The Duran Services and Products contain Content of Users and other The Duran licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through The Duran Services.
8. Content Posted
(a) The Duran may delete any Content that in the sole judgment of The Duran violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. The Duran assumes no responsibility for monitoring The Duran website/Services for inappropriate Content or conduct. If at any time The Duran chooses, in its sole discretion, to monitor The Duran website content/Services, The Duran nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
(b) You are solely responsible for the Content that you post on or through any of The Duran website/Services and Products, and any material or information that you transmit to other Members and for your interactions with other Users. The Duran does not endorse and has no control over the Content. Content is not necessarily reviewed by The Duran prior to posting and does not necessarily reflect the opinions or policies of The Duran. The Duran makes no warranties, expressly or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
9. Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through The Duran Services and Products. The Duran reserves the right to investigate and take appropriate legal action against anyone who, in The Duran ‘s sole discretion, violates this provision, including without limitation, removing the offending communication from The Duran Services and Products and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of The Duran:
• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter or contains a link to an adult website;
• solicits personal information from anyone under 18;
• provides any street addresses, last names, URLs or email addresses;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files outside of The Duran service;
• involves the transmission of ‘junk mail,’ ‘chain letters,’ or unsolicited mass mailing, instant messaging, ‘spimming,’ or ‘spamming’;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• includes a photograph of another person that you have posted without that person’s consent; or
• for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive
10. Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on The Duran Website and through your use of The Duran Services and Products. The Duran reserves the right to investigate and take appropriate legal action against anyone who, in The Duran ‘s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
• criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• advertising to, or solicitation of, any Member to buy or sell any products or services through The Duran Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from The Duran Services and Products in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent
• interfering with, disrupting, or creating an undue burden on The Duran website/Services or the networks or services connected to The Duran Services;
• attempting to impersonate another Member or person;
• using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account.
• using any information obtained from The Duran Services in order to harass, abuse, or harm another person;
• displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through The Duran website/Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your ‘Top’ friends, or sending private messages with a commercial purpose; or
• using The Duran Services in a manner inconsistent with any and all applicable laws and regulations.
11. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of The Duran to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to The Duran by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on The Duran Services or Products in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright page; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on The Duran Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
13. Our Commitment to Children’s Privacy.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 14, and no part of our website is structured to attract anyone under 14.
14. Disclaimers. The Duran is not responsible for any incorrect or inaccurate Content posted on The Duran Website or in connection with The Duran Services and Products, whether caused by Users of The Duran Services and Products or by any of the equipment or programming associated with or utilized in The Duran Services. Profiles and content created and posted by Members on The Duran Website may contain links to other websites. THEDURAN.COM is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by The Duran . Inclusion of any linked website on The Duran Services and Products does not imply approval or endorsement of the linked website by The Duran. When you access these third-party sites, you do so at your own risk. The Duran takes no responsibility for third party advertisements, which are posted on this The Duran Website or through The Duran Services and Products, nor does it take any responsibility for the goods or services provided by its advertisers. The Duran is not responsible for the conduct, whether online or offline, of any User of The Duran Services and Products.The Duran assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. The Duran is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of The Duran Services, Products or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with The Duran Services and Products. Under no circumstances shall The Duran be responsible for any loss or damage, including personal injury or death, resulting from use of The Duran Services and Products, attendance at a The Duran event, from any Content posted on or through The Duran Services and Products, or from the conduct of any Users of The Duran Services and Products, whether online or offline. The Duran Services and Products are provided ‘AS-IS’ and as available and The Duran expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Duran cannot guarantee and does not promise any specific results from use of The Duran Services and Products. THEDURAN.COM. bears no responsibility for any damage incurred to your personal computer, notebook, mobile device or laptop from using The Duran site, services and products.
15. Limitation on Liability. IN NO EVENT SHALL The Duran BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF The Duran HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THEDURAN.COM‘S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THEDURAN.COM FOR The Duran SERVICES DURING THE TERM OF MEMBERSHIP.
16. Disputes. If there is any dispute about or involving The Duran Services and Products, you agree that the dispute shall be governed by the laws of the Republic of Cyprus, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the Republic of Cyprus. Either The Duran or you may demand that any dispute between The Duran and you about or involving The Duran Services and Products must be settled by arbitration utilizing the dispute resolution procedures of the European Union, provided that the foregoing shall not prevent The Duran from seeking injunctive relief in a court of competent jurisdiction.
17.Indemnity. You agree to indemnify and hold The Duran , its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of The Duran Services and Products in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on The Duran Website or through The Duran Services and Products causes The Duran to be liable to another.
18. Other. This Agreement is accepted upon your use of The Duran Website or any of The Duran Services and Products and is further affirmed by you becoming a The Duran Member. This Agreement constitutes the entire agreement between you and The Duran regarding the use of The Duran website and Services and Products. The failure of The Duran to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Duran is a trademark of DRN MEDIA PLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: [email protected] with any questions regarding this Agreement.