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This privacy notice discloses the privacy practices for www.digidev.tv. This privacy notice applies solely to information collected by this website. It will notify you of the following:
What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number shown below:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the Web site, your information is protected both online and offline. If we collect sensitive information (such as credit card data or banking data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 1-800-783-3128 or via email.
Welcome to Digidev.tv - a service owned by The Digital Development Group Corp. (“DIGIDEV.TV”). We are an online subscription service, providing our members with access to motion pictures, television and other audio visual entertainment ("movies & TV shows") streaming over the Internet to certain Internet-connected TV's, computers and other devices ("Digidev.tv ready devices"). We have put together here some detailed terms and conditions. You should read and understand them as they govern your use of our service.
These Terms of Use provide that all disputes between you and DIGIDEV will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims may not be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with DIGIDEV.
These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. We hope you enjoy your Digidev.tv experience.
These Terms of Use, which include our Privacy Policy and End User License Agreement ("EULA") govern your use of the Digidev.tv service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the "Digidev.tv service" or "service"). By using, visiting, or browsing the Digidev.tv service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Digidev.tv service, including our website and user interfaces.
These Terms of Use govern your use of the Digidev.tv service and you should read them carefully. The Digidev.tv service is provided by Digital Development Group Corp., or one of its affiliated companies. The Digidev.tv company that is providing the service to you (referred to as “Digidev.tv” in these Terms of Use) and with whom you are entering into this agreement, depends on the country from which you sign up for the Digidev.tv service.
Digidev.tv reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and EULA, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the Digidev.tv website. The most current version of the Terms of Use will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Use are updated.
Any personally identifying information submitted through the Digidev.tv service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. By using our service, you are consenting to receive certain communications from us. For example, Digidev.tv may send you newsletters about new Digidev.tv features, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy for further detail on our marketing communications.
By using the Digidev.tv service, you consent to receiving electronic communications from Digidev.tv. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Digidev.tv and you receive them as part of the Digidev.tv membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
DIGIDEV maintains this site ("Site") to inform you about its many offerings. In using this Site, you agree to the Terms and Conditions listed below. DIGIDEV may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you as modified from time to time.
Content on this Site:
The entertainment and/or information content, text, graphics, thumbnails, images and all other materials ("Materials") utilized on this site are copyrights, trademarks, trade names or other intellectual property owned, licensed or otherwise controlled by DIGIDEV. DIGIDEV authorizes you to view the Materials on its web pages, download or make a single copy of all or a portion of the Materials only for your personal, noncommercial use. You may not otherwise copy or download Materials, and may not modify, use or re-distribute the Materials, this Site or any related software in any way unless you obtain the written permission of DIGIDEV. In the event you download Materials for your personal noncommercial use, you must retain all copyright and other proprietary notices contained on the Materials. If you violate these Terms and Conditions, your permission to use the Materials terminates, and you must immediately destroy all copies of the Materials. DIGIDEV wants you to browse this Site freely. However, you do so at your own risk. By using this Site, you acknowledge and agree that DIGIDEV is not responsible or liable for damages of any kind (including but not limited to direct, indirect, incidental, consequential or punitive) related to your use of the Site. You agree to indemnify and hold DIGIDEV harmless from and against any and all claims, damages, costs and expenses, including without limitation, attorneys' fees, arising from or related in any manner to your use of the Site or any of the Materials. DIGIDEV reserves the right to change or modify our Terms of Use at any time without notice other than postings on our Site.
“As Is” Use:
DIGIDEV provides the information on the Site on an "as-is" basis, without any warranties of any nature. DIGIDEV disclaims all express and implied warranties, including merchantability, non-infringement and fitness for a particular purpose. In no event will DIGIDEV be liable for any loss of profits, business, use or data or for indirect, special, incidental or consequential damages of any kind whether based in contract, negligence or other tort. DIGIDEV may make changes to the Materials and the product information and prices at any time without notice and without obligation to update the Materials. DIGIDEVI is not able to inspect or confirm that the Materials contained on the Site that are linked to this page are correct in every case. From time to time there may be information on the Site that is inaccurate, incomplete, not up to date, or that contains typographical errors. DIGIDEV may change information on the Site at any time without prior notice.
3rd Party or Outside Links:
DIGIDEV may provide links to third party web sites solely as a convenience to you and not as an endorsement. DIGIDEV assumes no responsibility for the content of any sites it links to and has not reviewed the content of such sites. Your access of those sites is at your own risk.
Feedback:
DIGIDEV welcomes your feedback at various places in the Site. You agree that when submitting feedback, you will not violate the rights of third parties, including without limitation, privacy, proprietary or intellectual property rights, and you will not submit libelous, obscene, abusive, or otherwise illegal materials. Any communication or other material you send to the Site by e-mail or other means, including your questions or comments, is considered non-confidential. By sending communications to this Site, you grant DIGIDEV a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, edit, distribute, perform and display any communication or other materials you transmit to the Site (and the ideas contained in such material) for any purpose, anywhere, including reproducing, posting or publicizing such material or using such material for marketing purposes. DIGIDEV makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials by certain persons in certain countries may not be legally allowed. If you access the Materials outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You can find the specific details regarding your membership with Digidev.tv at anytime by visiting our website and clicking on the “Account Settings” link.
Free Trial Period:
Your Digidev.tv membership may start with a free trial. The free trial period of your membership lasts for 7 days, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"), to use our service. If you or another member of your household has been a Digidev.tv member within the last 12 months, or if your Payment Method, physical address or email address have been associated with a Digidev.tv membership, or if you are streaming from a Digidev.tv ready device that has been previously activated on a different Digidev.tv account, you are not eligible to receive a free trial.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "Payment History" link on the “Account Settings” page. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY DIGIDEV.TV WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).
Billing:
By starting your Digidev.tv membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Digidev.tv service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the "Payment History" link on the “Account Settings” page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your Digidev.tv membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the “Account Settings” link, available at the top of the pages of the Digidev.tv website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Ongoing Membership:
Your Digidev.tv membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
Unsubscribing:
You may unsubscribe to any of the Digidev.tv channels at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR SHOWS. To unsubscribe to a particular channel, visit our website and click the "Unsubscribe" button next the channel for which you wish to unsubscribe.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Digidev.tv is an online subscription service providing its members with access to movies & TV shows streaming over the Internet to Digidev.tv ready devices. These devices are manufactured and sold by entities other than Digidev.tv.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
Availability. The availability of movies & TV shows to instantly watch will change from time to time, and from country to country. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Digidev.tv streams a little bit of data as a buffer each time you start a movie or TV show. Frequently starting and stopping movies & TV shows will result in a minor increase to the amount of data Digidev.tv streams to you per hour. In most cases this will be less than a few minutes worth. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Digidev.tv makes no representations or warranties about the quality of your instant watching experience on your display. You may change the video quality of your instant watching experience by going into the “Account Settings” link on the website.
Digidev.tv streaming software: Digidev.tv streaming software is developed by, or for, Digidev.tv and is designed to enable instant streaming of content from Digidev.tv through Digidev.tv ready devices. This software may vary by device and medium, and functionalities may also differ between devices. For example, this software may be embedded in a Digidev.tv ready device or we may offer this software to be downloaded onto a device such as the Apple iPad, or the software may also be available on an optical media disc to be inserted into disc drives of certain devices. This software is licensed to you by Digidev.tv pursuant to these Terms of Use and solely for the purpose of using the Digidev.tv service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and Digidev.tv reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Digidev.tv service through such software at any time, without prior or any notice.
END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE DIGIDEV.TV SOFTWARE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE DIGIDEV.TV AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.
We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. In addition, Digidev.tv ready devices are manufactured and sold by entities other than Digidev.tv. A Digidev.tv ready device is any electronics equipment that is authorized to decode and capable of decoding movies & TV shows that are transmitted over the Internet by Digidev.tv. These devices may include mobile devices, stand alone set-top boxes, Internet connected Blu-ray DVD players, Internet-connected HDTVs, and game consoles. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Digidev.tv service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all movies & TV shows may not be watched, or may cease to be available for watching instantly, through our service on some Digidev.tv ready devices.
Social Media:
For members in certain countries, you can connect your Digidev.tv account to Facebook. If you choose to connect, you'll be able to take advantage of various social features as part of the Digidev.tv service, as well as features available on Facebook. These features are designed to share information with others - the essence of social media. For example, your friends and others who have access to view information about you on Facebook will be able to see (on Facebook and on Digidev.tv) that you're a Digidev.tv member as well as what you've watched, and other information about your use of the Digidev.tv service. You will also be able to see similar information about your Facebook friends who are connected with Digidev.tv. In addition, Digidev.tv may personalize and otherwise enhance your experience based on your Facebook information, such as your basic information, and "Likes." Please pay careful attention to your Facebook Connect settings in “Account Settings” as well as your Privacy Settings in Facebook which will impact this feature and may give you some control over the information that is shared and who it is shared with. Also, please see our Privacy Policy to learn more about the scope, extent and uses of information we gather. Please note that your privacy settings on Facebook do not control information disclosure on Digidev.tv. As a result, if you choose to connect your Facebook and Digidev.tv accounts and enable sharing, then all of your Facebook friends who are also connected will be able to see your Digidev.tv activity when they use Digidev.tv, unless you choose to hide a specific title.
Please note that only one Facebook account can be connected to each Digidev.tv account. All Digidev.tv account activity will be posted automatically to the Facebook account that is connected to Digidev.tv unless you use the “don't share / unshare” feature currently available on most devices. You can hide a movie or TV show during playback on most devices using the playback controls while instantly watching the movie or TV show. You can also "unshare" by visiting a movie or TV show details page on the Digidev.tv website. If you have authorized more than one member of your household to use your Digidev.tv account, it is possible that their Digidev.tv activity may be posted to your Facebook account or be visible to your Facebook friends using the Digidev.tv service.
While we hope that you find the Facebook Connect feature to be a great way to share information, including discovering new movies & TV shows, you may nonetheless disconnect your accounts at any time by clicking on the “Account Settings” link, selecting the "Manage Facebook Connect" link (located in the Preferences section) and then selecting "Disconnect." Facebook may also offer ways to manage the information you share with Digidev.tv. See the Facebook website for details.
BY CONNECTING YOUR DIGIDEV.TV ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR MOVIE & TV SHOW ACTIVITY, TO BE SHARED IN THIS MANNER, DO NOT USE THE FACEBOOK CONNECT FEATURE. We and Facebook are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Use.
Member Reviews:
We permit you to post reviews of movies & TV shows available through the Digidev.tv service. We do not regularly review the content posted on the Digidev.tv website; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie's or TV show's creative personnel; misleading information regarding the origin of the content; or a discussion of Digidev.tv policies or services. Please click on the "Reviews" link that appears on the Digidev.tv website for a link to guidelines for writing and posting member reviews. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATING OF MOVIES & TV SHOWS. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF A MOVIE OR TV SHOW, TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE DIGIDEV.TV SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE.
If you no longer wish to have your reviews publicly posted, you may delete them by going into the “Account Settings” link on the website and selecting "Reviews". Use of the Reviews feature is for your personal, non-commercial use and is at your own option and risk. The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
Passwords:
The member who created the Digidev.tv account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Digidev.tv account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Digidev.tv Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.
BY SHARING THE DIGIDEV.TV SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
Parental Controls:
Account Owners who wish to limit the maturity level of movies &TV shows viewable by other household members (e.g. available for their children) can go to the "Change parental control setting" link on the “Account Settings” page of the website and set parental controls. If you have set a maturity restriction on your Digidev.tv ready device, that setting does not apply to the Digidev.tv service. To limit the maturity level of movies &TV shows viewable from your Digidev.tv account, you must set the parental controls on the “Account Settings” page. Please allow up to 8 hours for changes to the parental control setting to apply to your Digidev.tv ready devices.
Please note however, the Digidev.tv service is not intended to be used by children without involvement, supervision, and approval of a parent or legal guardian. Therefore, if an Account Owner sets parental controls, the Account Owner should not reveal the account password to the child.
Setting a maturity restriction will block movies & TV shows with more mature ratings from streaming online, and will prohibit previews for the restricted movies & TV shows from displaying, but the user will be presented with the title and title art of the movie, or TV show, and the synopsis that is provided. We reserve the right to modify, including removing, the parental controls feature at any time without notice.
Feeds:
Members from certain countries may have access to RSS feeds as a convenient way to pass information about your Digidev.tv account or that is publicly available on the Digidev.tv site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. Digidev.tv may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds ("Feeds"), including obtaining a Feed from the Digidev.tv website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk, and is covered by the Terms of Use for the Digidev.tv Feeds, found here. By using the Digidev.tv Feeds, you agree to be bound by the Terms of Use for Digidev.tv Feeds. In particular, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Digidev.tv service. These Applications may import data related to your Digidev.tv account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Digidev.tv is not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY DIGIDEV.TV AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use Digidev.tv trademarks. Unless otherwise noted by Digidev.tv on the Digidev.tv website, Digidev.tv is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your Digidev.tv account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Digidev.tv account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Digidev.tv has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold Digidev.tv harmless for the sharing of information relating to your Digidev.tv account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Digidev.tv account information with, through or by any other means identified on an Application. In addition, the Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application's access to your Digidev.tv account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Digidev.tv, unless otherwise indicated by Digidev.tv. DIGIDEV.TV DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
In order to provide you with ease of access to your account and to help administer the Digidev.tv service, Digidev.tv may implement technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Digidev.tv service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Digidev.tv ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a Digidev.tv ready device, you should logout and/or deactivate the device before doing so. Similarly, if your Digidev.tv ready device is lost or stolen, please deactivate the Digidev.tv ready device. If you fail to log out or deactivate your device, subsequent users may access the Digidev.tv service through your account and may be able to access certain of your account information. To deactivate a device, go to Manage Digidev.tv ready devices and computers.
If you find that you're a victim of identity theft and it involves a Digidev.tv account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Digidev.tv website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Digidev.tv reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Digidev.tv is not obligated to credit or discount a membership for holds placed on the account by either a representative of Digidev.tv or by the automated processes of Digidev.tv.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE DIGIDEV.TV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE DIGIDEV.TV SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE DIGIDEV.TV SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. DIGIDEV.TV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DIGIDEV.TV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT DIGIDEV.TV MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE DIGIDEV.TV SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. DIGIDEV.TV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DIGIDEV.TV READY DEVICES, AND DIGIDEV.TV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Digidev.tv service or on the Digidev.tv website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Digidev.tv service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Digidev.tv website, user interfaces, or otherwise through the Digidev.tv service; and (vii) any losses or damages arising from the use of the content provided on the Digidev.tv website, user interfaces, or otherwise through the Digidev.tv service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Digidev.tv service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies &TV shows from the Digidev.tv service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not represent or guarantee that your use of the Digidev.tv service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Digidev.tv or its affiliated parties.
IN NO EVENT SHALL DIGIDEV.TV, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DIGIDEV.TV SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE DIGIDEV.TV SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE DIGIDEV.TV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
DIGIDEV.TV MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING DIGIDEV.TV READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service. Click here to view the Digidev.tv End User License Agreement.
Copyright:
The Digidev.tv service, including all content included on the Digidev.tv website and user interfaces, or delivered to members as part of the service, including, but not limited to, movies & TV shows you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Digidev.tv or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Digidev.tv on our website and user interfaces, or in connection with the Digidev.tv service are the exclusive property of Digidev.tv and its licensors and are protected by the copyright and trade secret laws in the territories in which the Digidev.tv service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Digidev.tv or its licensors. You agree to adhere to the restrictions set forth under "Digidev.tv Streaming Software" and "Limitations on Use." You agree NOT to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Digidev.tv service, NOT to insert any code or product or manipulate the content of the Digidev.tv service in any way, and NOT to use any data mining, data gathering or extraction method. Digidev.tv reserves the right to terminate your membership hereunder if Digidev.tv, in its sole and absolute discretion, believes that you are in violation of Digidev.tv software restrictions, restrictions against copying movies & TV shows provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Digidev.tv and its licensors. Digidev.tv does not promote, foster or condone the copying of movies &TV shows or any other infringing activity. The use of the Digidev.tv service, including movies &TV shows made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Digidev.tv service, including any on the Digidev.tv website and user interfaces.
Trademarks:
Digidev.tv is a registered trademark of The Digital Development Group Corp. The Digidev.tv logo, Digidev.com, and DIGIDEV are trademarks or service marks of The Digital Development Group Corp. The Digidev.tv website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of The Digital Development Group Corp. The trademarks, service marks and trade dress of Digidev.tv may not be used or reproduced without prior written approval from The Digital Development Group Corp and may not be used in connection with any product or service that is not affiliated with Digidev.tv, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Digidev.tv, or in any manner that disparages or discredits Digidev.tv. Other trademarks that appear on the Digidev.tv website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Digidev.tv. Any images of persons or personalities contained on the Digidev.tv website and user interfaces are not an indication or endorsement of Digidev.tv or any particular product or our service unless otherwise indicated.
We distribute movies, television, and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Digidev.tv service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Digidev.tv service are those of the respective authors or producers and not of Digidev.tv, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Digidev.tv, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Digidev.tv service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Digidev.tv service.
Digidev.tv is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Digidev.tv service, including the Digidev.tv website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Digidev.tv service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Digidev.tv does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Digidev.tv. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Digidev.tv and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies &TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service representative.
In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and Internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool. We may utilize the services of third parties in providing you customer service support.
By accessing the Digidev.tv service, including the Digidev.tv website and user interfaces, you agree to use the Digidev.tv service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Digidev.tv service. You also agree not to impersonate any other person while using the Digidev.tv service, conduct yourself in a vulgar or offensive manner while using the Digidev.tv service, or use the Digidev.tv service for any unlawful purpose.
You agree that all of the foregoing restrictions apply not only to the Digidev.tv service, but also to the servers and networks connected to any portions of the Digidev.tv service whether operated by Digidev.tv or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else’s use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks.
You must be 18 years of age or older to become a member of the Digidev.tv service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. While Digidev.tv does distribute products that may be watched by children, the Digidev.tv service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also "Parental Controls"). Unless otherwise specified, the Digidev.tv service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the Digidev.tv service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Digidev.tv service, without our express written consent. Digidev.tv does not promote, foster or condone the copying of movies & TV Shows, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Digidev.tv service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Digidev.tv without our express written consent. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the Digidev.tv name or trademarks without our express written consent. Any unauthorized use of the Digidev.tv service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Some of the hyperlinks on the Digidev.tv website may lead to other websites or other content that are not controlled by, or affiliated with, Digidev.tv. In addition, other websites may link to the Digidev.tv website or Digidev.tv may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Digidev.tv may include pages that display and provide information on Applications, Digidev.tv ready devices or other products. These pages may provide links to third party sites where Digidev.tv members may obtain or purchase such Applications and devices. Digidev.tv has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Digidev.tv is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. These linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. You should also refer to the section of these terms titled "Applications" and "How Our Streaming Service Work."
In certain circumstances, we may offer Gift Subscriptions for purchase. These Gift Subscriptions are sold on our website and are redeemable for the Digidev.tv service only in the country in which the Gift Subscription was purchased. We will automatically bill your Payment Method for any purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to the terms and conditions set forth on the particular “Gift Subscription Purchase" page, and the redemption of Gift Subscriptions is subject to the terms and conditions set forth on the "Gift Subscription Redemption" page.
We may offer Promotional Codes. If so, the promotional codes may be redeemed on our website at www.Digidev.tv. Promotional codes may only be used once and cannot be redeemed for cash, resold or combined with any other offers, including free trial. If you received a promotion code through an offer by a third party, additional restrictions may apply.
It is the policy of Digidev.tv to respect the intellectual property rights of others. Digidev.tv does not condone the unauthorized reproduction or distribution of movies, TV shows, or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Digidev.tv service, please notify us immediately.
Please note that we will not be able to respond to customer service or other unrelated issues submitted through the copyright claims form above. For queries that are not related to copyright matters, please see other ways to contact us.
These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
You and Digidev.tv agree that any dispute, claim or controversy arising out of or relating in any way to the Digidev.tv service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Digidev.tv are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Digidev.tv membership.
If you elect to seek arbitration, you must first send to Digidev.tv, by certified mail, a written Notice of your claim ("Notice"). The Notice to Digidev.tv should be addressed to: General Counsel, Digital Development Group Corp. 6630 Sunset Boulevard, Los Angeles, California 90028 ("Notice Address"). If Digidev.tv elects to seek arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Digidev.tv, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Digidev.tv and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Digidev.tv may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Digidev.tv or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Digidev.tv and you agree otherwise, any arbitration hearings will take place in Los Angeles County, California, USA. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND DIGIDEV.TV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Digidev.tv agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
This Site, including, but not limited to, these Terms and Conditions of Use, and our Privacy Policy shall be construed and enforced in accordance with the laws of California. Venue for any dispute regarding anything contained within and/or resulting from access to this Site shall lie exclusively in the County of Los Angeles, California.