DITTYTV WEBSITE TERMS & PRIVACY
Welcome to the Memphis Studios, Inc., dba DittyTV (“DittyTV”) website at dittytv.com (the “Site”). By visiting the Site, you accept and agree to these Terms, whether you access the Site through a personal computer, mobile device or any other technology, so please read the Terms carefully. DittyTV reserves the right to modify these Terms from time to time, effective upon posting to the Site. Your access to or use of the Site at any time constitutes acceptance of the Terms in effect at that time.
DittyTV’s goal is to introduce musical artists to a worldwide audience and to build community by educating, entertaining and inspiring a diverse audience through interactive live performances and music-based programming. If you are an artist and are interested in being a part of DittyTV, please complete our Artist Application Form.
The Site is not directed at children, and DittyTV will not knowingly collect personally identifiable information from any child under age 13.
Collection of Personal Information.
Information You Give Us: DittyTV receives and stores any information you post on or provide through the Site or through any other means, for example when you respond to a DittyTV request for information, register for the DittyTV newsletter or set up a DittyTV account. This includes any personal information you provide, such as your name or email address. Of course, you can choose not to provide such information, but then you might not be able to access or use portions of the Site. DittyTV may, but is not obligated to, retain the content of any e-mails you send or information you provide by any other means.
Automated Collection. DittyTV automatically receives and stores certain types of information whenever you visit the Site, such as the name of the domain and host from which you access the Internet, the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Site, and the Internet address of the website from which you linked to the Site. DittyTV uses “cookies” to automatically gather some of this information. A cookie is a small text file that the Site sends to your computer to collect information about your activities on the Site. The cookie transmits this information back to the Site each time your browser requests a page from the Site, and the information is stored to help facilitate your use of the Site the next time you visit. You can set your browser to not accept cookies, but then you may not be able to access or use certain portions of the Site.
You may request that DittyTV delete or modify your personally identifiable information, such as your name or e-mail address in accordance with our Correction/Update Procedure.
Use of Personal Information.
DittyTV may share your personal information with its subsidiaries and affiliates. DittyTV and such subsidiaries and affiliates may use your personal information to:
• Administer, maintain and improve the Site and its operation;
• Verify your identity, respond to your requests and otherwise communicate with you;
• Comply with applicable laws, statutes and regulations;
• Enforce the Terms, DittyTV’s rights and the rights of others;
• For other purposes disclosed at the time you provide your personal information; and
• As specifically provided in the DittyTV Terms and as you may otherwise agree.
Disclosure of Personal Information to Third Parties.
DittyTV does not share your personally identifiable information with third parties, except as described below and otherwise specified in this Policy. DittyTV will share your personally identifiable information as follows:
• With third parties that perform functions on DittyTV’s behalf, such as maintaining and operating the Site. DittyTV does not authorize such third parties to use your information for other purposes;
• As DittyTV believes necessary to comply with laws, statutes or regulations and/or to enforce this Policy and the Terms and to protect our rights and the rights of others;
• As required by a court or government agency or to respond to a claim by you or a third party;
• As part of a transfer of business assets, for example in the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination or corporate change involving DittyTV or its subsidiaries and affiliates; and
• As you otherwise agree.
Subpoenas. DittyTV may respond to any subpoena received from a government agency without prior notice to you. Unless prohibited by law or by a court order, DittyTV will use reasonable efforts to notify you of any subpoena received from any other party (e.g., for civil litigation) that requires DittyTV to disclose your identity and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena before providing the requested information.
If you want to view, delete or modify your personal information, you may do so by:
• Sending an email to: email@example.com; or
• By mail to the following address:
Correct/Update Personal Information
508 S. Main St.
Memphis Tennessee 38103
You may also choose to opt-out of receiving the DittyTV newsletter or other emails by using the unsubscribe button at the bottom of the newsletter, or by contacting us as provided above.
DittyTV reserves the right to verify the identity of any person making such a request or a request to delete or modify personal information; provided, however, that DittyTV shall have no liability of any kind resulting from false or erroneous requests or any change or deletion made by DittyTV for any reason. Personal information collected and transferred to back-up or archival storage may be retained indefinitely. DittyTV may also retain unmodified information as necessary for business records and as required under applicable law.
DittyTV has reasonable security measures in place to protect against the loss, misuse or alteration of information under its control. While DittyTV strives to protect your personal information, it cannot ensure, and does not warrant, the security of any information or data. Communication via the Internet is not failsafe and there is always a possibility that data may be lost, or intercepted by unauthorized parties, during transmission or after receipt. You agree that DittyTV shall have no liability whatsoever in connection with any lost or intercepted data or information.
Conditions of Use
Your access and use of the Site is subject to this Policy and the Terms, including limitations on damages and the applicability of the law of the District of Columbia, USA and resolution of disputes through binding arbitration.
DITTYTV, the DittyTV logo, and other names and logos used for DittyTV or its products or services are DittyTV’s trademarks and may not be used without DittyTV’s prior written permission. Other trademarks and trade names on the Site that are not owned by DittyTV are the property of third parties, who may or may not be affiliated with DittyTV.
All videos and all other content on the Site, including, without limitation, all text, graphics, images, audioclips, logos and icons, and the compilation and layout of content on the Site, are the property of DittyTV and protected under United States and international copyright and other laws. Software used on the Site is the property of DittyTV or its software vendors and is protected under United States and international copyright laws.
The Site may include comments and other materials or content posted, uploaded or otherwise submitted by visitors to the Site (“Visitor Content”). You acknowledge that Visitor Content is not endorsed by DittyTV and does not reflect the opinion, recommendation or advice of DittyTV in any manner, and agree that DittyTV is not responsible for and has no liability in connection with, any Visitor Content. If you believe that any content on the Site violates these Terms, any law or any right of a third party, please let us know.
Notwithstanding anything else in these Terms, DittyTV does not claim ownership of any Visitor Content that you post, upload or otherwise submit to DittyTV through the Site. By posting, uploading or submitting Visitor Content, you warrant that you own or otherwise control all of the rights necessary for use by DittyTV as provided in these Terms, including, without limitation, all of the rights necessary for you to post, upload or submit the Visitor Content and for DittyTV to copy, modify, distribute, disclose and reformat it, and that the Visitor Content you provide is not illegal, obscene, invasive of privacy, threatening or defamatory and does not infringe any copyright, trademark or other proprietary right or contain any virus, corrupt data, advertisement or other commercial solicitation or “spam.” You agree to indemnify DittyTV for all claims resulting from or in connection with your Visitor Content. You also agree not to use any false e-mail address, impersonate any person or otherwise mislead as to the origin of any Visitor Content.
By posting, uploading or submitting Visitor Content, you grant DittyTV and its affiliates and licensees the irrevocable, worldwide, royalty-free, perpetual and fully sublicenseable and transferable right, but not the obligation, to (a) copy, distribute, publicly display, publicly perform, edit, modify, translate, reformat and otherwise use such Visitor Content; and (b) publish, display and otherwise use the name and any other personal information that you post or submit in connection with any Visitor Content, in DittyTV’s discretion. DittyTV has the right, but not the obligation, to monitor and modify or remove any Visitor Content at any time, in DittyTV’s sole discretion.
Access To and Use Of the Site
DittyTV grants you a limited, non-exclusive license to access and use the Site and to download and print a single copy of the Site content (other than videos) solely for your personal, non-commercial use and provided that you do not delete or modify any copyright or other proprietary notice. Any other copying, use, distribution, transmission or modification of the Site’s content, including, without limitation, collection or use of videos and other content, use of data mining or similar tools or framing of any Site content is subject to DittyTV’s prior written consent. You may link to the Site for non-commercial purposes only or as otherwise specifically agreed in writing by DittyTV, provided that you remove any such link upon demand by DittyTV.
You agree not to use the Site in any manner that would (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law; or (c) delete or modify any content on the Site.
By accessing or visiting the Site, registering for the DittyTV newsletter or a DittyTV account, sending an e-mail to DittyTV or otherwise communicating with DittyTV through the Site, you are communicating with DittyTV electronically, and you agree to receive electronic communication from DittyTV, by e-mail and by posting to the Site. You agree that any electronic communication from DittyTV satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to DittyTV or the Site, by posting to the Site, e-mail or otherwise, are and will be treated as non-confidential and non-proprietary and that DittyTV shall have the perpetual, royalty-free, worldwide right, but not the obligation, to copy, disclose, transmit, publish, modify and otherwise use anything you post or transmit.
If you believe any content on the Site infringes your copyright interest, please provide the DittyTV Copyright Agent with the following information in writing:
• A description of the copyrighted work that you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
• A description of where the allegedly infringing content is located on the Site.
• Your address, telephone number and e-mail address.
• Your statement that you have a good-faith belief that the use of the identified content is not authorized by the copyright owner, its agent or by law.
• Your statement, made under penalty of perjury, that all information provided by you in the notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
DittyTV’s Copyright Agent for notices of claims of infringement on the Site can be reached as follows:
Memphis Studios, Inc., dba DittyTV
508 S. Main St.
Memphis Tennessee 38103
The Site may include links to sites owned or operated by third parties, including, without limitation, artists appearing on DittyTV and sponsors of DittyTV. Links are provided as a convenience to visitors and do not constitute an endorsement of any third party site, product or service or indicate any affiliation with the owner or operator of such sites. DittyTV is not responsible for the content of any third party site or for the practices of its owner or operator.
Disclaimer of Warranties/Limitation of Liability
THE SITE, VIDEOS AND ALL OTHER CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DITTYTV DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE OR ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DITTYTV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DITTYTV DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES ON OR MADE AVAILABLE THROUGH THE SITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL DITTYTV BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ITS SOFTWARE OR CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR ITS CONTENT, EVEN IF DITTYTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DITTYTV’S LIABILITY IS LIMITED, AND WARRANTIES ARE EXCLUDED, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. DITTYTV’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE SHALL NOT EXCEED $10.00.
You agree that the laws of the District of Columbia, USA, without regard to conflicts of laws principles, govern the existence and construction of these Terms and any dispute that may arise between you and DittyTV, and that any dispute or claim arising out of or in relation to your access to or use of the Site or to products or services sold or distributed by DittyTV or through the Site will be exclusively resolved by binding arbitration as provided in these Terms.
Arbitration will take place before a single arbitrator and will be administered by JAMS in accordance with the United States Arbitration Act and the JAMS Streamlined Arbitration Rules and Procedures then in effect, as modified by these Terms. Any in-person arbitration will take place in Washington, DC. If the parties cannot agree upon the choice of an arbitrator within twenty (20) business days of the date the matter is submitted for arbitration, the parties shall request, and accept, assignment of an arbitrator from JAMS pursuant to its rules. The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction in the District of Columbia could grant in conformity to applicable law, subject to the limitations set forth in this Agreement. Any arbitration award shall be accompanied by a written statement containing a summary of the issues in controversy and a description of the award, with an explanation of the reasons for the award. The arbitrator’s award shall be final and binding, and judgment may be entered upon such award by any court of competent jurisdiction.
Unless otherwise provided in JAMS rules or the arbitration award, you and DittyTV will equally divide all administrative fees and expenses for any arbitration, including the arbitrator’s fees and expenses, and each party will bear the cost of preparing and presenting its own case. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. Any dispute or claim arising out of or relating to these Terms must be brought within two years of the date on which the basis for the dispute or claim first arises, or such longer period as may be required by law. If, notwithstanding these Terms, a claim proceeds in court rather than arbitration, you and DittyTV each waive any right to a jury trial. Notwithstanding this dispute resolution provision, DittyTV shall have the right to seek and obtain preliminary injunctive or other provisional relief from a court of competent jurisdiction for the purpose of preventing irreparable injury, loss or damage pending a final resolution according to this dispute resolution provision.
The Site is controlled and operated by Memphis Studios, Inc. from its headquarters in Memphis, Tennessee, USA. DittyTV makes no representation that any content on the Site is appropriate or available for use in other locations. You are solely responsible for ensuring that your access to and use of the Site complies with all applicable laws of your jurisdiction. DittyTV reserves the right, in its sole discretion, to terminate your access to the Site, or to discontinue the Site, in whole or in part, at any time and without notice.
These Terms, as they may be amended from time to time, set forth the entire understanding of you and DittyTV as to the subject matter hereof. If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect and all provisions shall be enforced to the fullest extent permitted by law. Any waiver of any provision of these Terms must be in writing and shall not constitute a continuing waiver or a waiver of any other provision. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitration or in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions about these Terms or the Site? Please contact us:
Memphis Studios, Inc., dba DittyTV
508 S. Main St.
Memphis Tennessee 38103
Last updated: August 8, 2014