Welcome to the Divorce Corp website (the “Divorce Corp Site”), a website owned and operated by Divorce Film LLC, a Wyoming limited liability company.
These terms and conditions apply to the purchase, download and use of digital content such as eBooks, movies and video content (“Digital Content”). “Content” is defined as any material on the Divorce Corp Site, including any written, audio, video, or photographic content that is User generated or provided by Divorce Corp and includes Digital Content and Video Content. “User Generated Content” is any content that is provided or posted by Divorce Corp Providers or Users.
I. LICENSES AND RESTRICTIONS
Divorce Corp grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (except for purchases from Divorce Corp or unless User has a business relationship with Divorce Corp) of the Content of the Divorce Corp Site. Divorce Corp further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Divorce Corp Site so long as the link does not portray Divorce Corp, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive manner.
The foregoing licenses do not include any rights to:
The foregoing are expressly prohibited. The right to do any of the foregoing shall require Divorce Corp’s express written consent (which may include a written agreement signed by an authorized representative of Divorce Corp). Any unauthorized use of the Divorce Corp Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Divorce Corp.
Divorce Corp or its respective parents, subsidiaries, or affiliates, or third parties from whom Divorce Corp has permission, own the trademarks or service marks that are used on the Divorce Corp Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Divorce Corp and its licensors may not be used without prior written consent of Divorce Corp or its licensor, as the case may be. Without limiting the foregoing, no Divorce Corp trademark or trade dress may be used in connection with any product or service that is not Divorce Corp’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Divorce Corp.
User acknowledges that the Divorce Corp Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Divorce Corp owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Divorce Corp Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
The Divorce Corp Site functions as a distributor and not a publisher of Content supplied by third parties and Users. Divorce Corp has no editorial control over such third-party Content. Divorce Corp is not obligated to review Content, including User-Generated Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Generated Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Divorce Corp or any Divorce Corp Provider, unless expressly stated otherwise. Neither Divorce Corp nor any Divorce Corp Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including User Generated Content, available through the Divorce Corp Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Divorce Corp or any Divorce Corp Provider be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Divorce Corp Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Generated Content, available through the Divorce Corp Site.
IV. RIGHTS WITH REGARD TO DIGITAL CONTENT AND VIDEO CONTENT
PART A –Digital Content (excluding Video Content, which is covered in Part B)
(a) Digital Content. E-books, audiobooks, and downloadable Content other than Video Content is referred to as “Digital Content.” We offer you the ability to purchase or download Digital Content from and through the Divorce Corp Site for viewing and use on a computer, mobile device, or other internet-enabled platform (“Device”) or via another software or mobile application (“App”) (as applicable). We grant you a limited, non-exclusive, revocable license to access and make personal, non-commercial use of the Digital Content in accordance with these Divorce Corp Terms of Service.
Certain Digital Content may be licensed for viewing over a limited period of time. If a limited period license applies to particular content, we will identify the license period in the Digital Content. If no license period is identified, then the license period for such Digital Content is indefinite.
You may generally browse, preview or search Digital Content without having to purchase or download the Digital Content. However, in order to be able to purchase and/or download Digital Content, you must first provide valid credit card information and your billing address to us. If you have difficulty downloading or accessing Digital Content from the Divorce Corp Site, please contact customer service at www.divorcecorp.com for assistance.
Your purchased Digital Content will be accessible from the Divorce Corp site immediately following your purchase and from the order receipt email sent to the address you enter at checkout. You may also transfer most Digital Content from your Device to no more than a total of six (6) supported Devices or Apps at any one time that you own. You may not transfer the Digital Content from one electronic reading device to another without maintaining the applicable digital rights management (“DRM”) solution for that Digital Content. You may not bypass, modify, defeat or circumvent any of the security features, special rules or other applications that protect the Digital Content.
We reserve the right to modify or discontinue the offering of any Digital Content at any time. If an item of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content to the maximum extent permitted by applicable local laws. Some Digital Content may not remain available for re-download from the Divorce Corp site, if for example, the publisher of the Digital Content no longer retains the rights or other licenses, consents or permissions to that Digital Content. Digital Content already downloaded to your Device or Apps will generally not be affected. Digital Content is only available for purchase by users with a credit card that is registered in the country in which the Digital Content is downloaded and where we offer the Divorce Corp Service.
(b) Digital Content – License Restrictions; Prohibited Conduct. To the maximum extent permitted by applicable local laws, you may not transfer, copy, manipulate or display the Digital Content except as permitted in these Divorce Corp Terms of Service. Without limiting the generality of the preceding sentence, and to the maximum extent permitted by applicable local laws, you may not: (i) duplicate or otherwise reproduce (including “burning”) the Digital Content, or any portion thereof, onto any physical medium, memory or device, including CDs, DVDs, personal computers, external disc drives and other hardware, or any other medium now known or hereinafter devised; (ii) decompile, copy, reproduce, transcribe, reverse engineer, disassemble or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form; (iii) sell, lease, distribute, rent, broadcast, license, transfer, convey or assign any right to the Digital Content to any third party; (iv) remove any notices or labels on the Digital Content; (v) modify, disable, bypass, avoid, deactivate, impair or circumvent any encryption, rights signaling or copy protection or DRM used as part of the Divorce Corp Site or the Digital Content, or attempt to do any of the foregoing; (vi) modify, enhance, edit, transcribe, translate, adapt, perform, display or create derivative works or adaptations based on the Digital Content; (vii) reformat, transcribe, optimize or customize the Digital Content for display, distribution or transmission via any platforms, protocols or delivery mechanisms other than as we specifically authorize; or (viii) use Digital Content for any commercial or illegal purpose. Notwithstanding the termination provisions at Section 5 below, you expressly agree that we may terminate your license to the Digital Content should you violate the foregoing restrictions or any other term of these Divorce Corp Terms of Service.
(c) No Responsibility for Digital Content. The Divorce Corp Site permits you to access to a wide variety of Digital Content, some of which may be inappropriate for, or offensive to, some viewers. We do not exercise any editorial control over the Digital Content. We provide only the Divorce Corp Site, which is intended to allow you access to the Digital Content. Under no circumstances will we be liable for any loss, damage or harm caused by your access to or reliance on the Digital Content. You must determine whether the Digital Content you access, purchase, stream or download is appropriate, useful, accurate and complete. Your use of the Digital Content is solely at your own risk. Where our third party content providers have provided us with age ratings information we will make such information available to you. However, we cannot guarantee the accuracy of such age ratings information or of the descriptions or categories of Digital Content provided for your convenience.
PART B – Video Content (where available)
(a) Video Content. We offer you the opportunity to browse, preview, search for and purchase a license under copyright to view, download and/or stream Video Content via the Divorce Corp Site for either a limited or indefinite period of time. If you have difficulty downloading, streaming or accessing Video Content from the Divorce Corp, please contact customer service at www.divorcecorp.com for assistance.
(b) Authorized Devices. You may download, stream or access Video Content on supported mobile, computer or electronic devices, including Devices and Apps (“Authorized Devices”). You may download, stream or access Video Content solely on Authorized Devices, and you may not re-distribute or re-transmit Video Content from Authorized Devices to any other devices except as we may expressly permit. As our ability to provide Video Content to you may depend on requirements and/or software established or provided by third parties, we may authorize or deauthorize Authorized Devices at any time in our sole discretion without liability to you, to the maximum extent permitted by applicable local laws. We make no guarantees that an Authorized Device will remain an Authorized Device for any particular period of time. Due to the hardware limitations and the restrictions of our third party content provider licensors (“Third Party Content Providers”), certain Authorized Devices may be authorized only for certain kinds of Video Content. For example, you may not be able to view high definition (“HD”) Video Content on every Authorized Device. We recommend that you ensure that your Authorized Device is capable of rendering in HD before purchasing HD Video Content.
(c) License to Video Content. Video Content is protected by the copyright laws of the United States as well as other local intellectual property and copyright laws and treaties. Except for the rights explicitly granted to you in these Divorce Corp Terms of Service, our Third Party Content Providers and their licensors retain all right, title and interest in the Video Content. We, our Third Party Content Providers and their licensors do not transfer any right, title or interest in or to the Video Content. The Video Content is licensed and not sold. You do not acquire any ownership rights in the Video Content as a result of streaming or downloading the Video Content. Subject to your payment of applicable fees and taxes and your compliance with these Divorce Corp Terms of Service, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the Viewing Period (as defined below) only, to access, view and display the Video Content in the Territory (as defined below) in accordance with these Divorce Corp Terms of Service and the Additional Usage Rules solely for your Personal Use (as defined below). As used herein: “Territory” means the country in which you are domiciled and your Authorized Device is registered for use; and “Personal Use” means accessing, viewing and displaying the Video Content in your private residence or other private venue where viewing is limited to you and your invitees. Personal Use excludes the following: (i) any public presentation of the Video Content, (ii) any presentation in a commercial establishment, including hotels, bars, restaurants or retail stores, and (iii) any presentation for which fees, other than the fees you pay to us, are charged.
(d) License Restrictions; Prohibited Conduct. To the maximum extent permitted by applicable local laws, you may not transfer, copy, manipulate or display the Video Content except as permitted in these Divorce Corp Terms of Service. Without limiting the generality of the preceding sentence, and to the maximum extent permitted by applicable local laws, you may not: (i) with the exception of (x) transfers to digital cards used solely to side-load Video Content on an Authorized Device, or (y) delivery to Authorized Devices that are registered to your Account in conformance with these Divorce Corp Terms of Service, duplicate or otherwise reproduce (including “burning”) the Video Content, or any portion thereof, onto any physical medium, memory or device, including CDs, DVDs, personal computers, external disc drives and other hardware, or any other medium now known or hereinafter devised; (ii) decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Video Content is stored to a human-readable form; (iii) sell, lease, distribute, rent, broadcast, license, transfer, convey or assign any right to the Video Content to any third party; (iv) remove any notices or labels on the Video Content; (v) modify, disable, bypass, avoid, deactivate, impair or circumvent any encryption, rights signaling or copy protection or DRM used as part of the Divorce Corp or the Video Content, or attempt to do any of the foregoing; (vi) modify, enhance, edit, translate, adapt, perform, display or create derivative works or adaptations based on the Video Content; (vii) reformat, optimize or customize the Video Content for display, distribution or transmission via any platforms, protocols or delivery mechanisms other than as we specifically authorize; or (viii) use Video Content for any commercial or illegal purpose. Notwithstanding the termination provisions at Section 5 below, you expressly agree that we may terminate your license to the Video Content should you violate the foregoing restrictions or any other term of these Divorce Corp Terms of Service.
(e) Downloading and Streaming. Certain Video Content may be streamed or downloaded to your Authorized Device. Some Video Content may only be streamed and other Video Content may only be downloaded. Please see the product details pages on the Divorce Corp for information regarding the Video Content you wish to view. Certain Video Content may be streamed from the Divorce Corp and the picture resolution and quality of the Video Content may depend on several factors. These include the particular Authorized Device you are using and the internet bandwidth available to you. The quality of streamed Video Content may vary, and in the event we determine your Video Content may not play properly due to such factors, we may adjust the quality of Video Content you stream in order to try to provide you with an uninterrupted viewing experience. Therefore, we cannot guarantee the resolution or quality of the Video Content that you stream, even if you have purchased HD Video Content.
(f) No Responsibility for Video Content. The Divorce Corp Site permits you to access a wide variety of Video Content, some of which may be inappropriate for, or offensive to, some viewers. We do not exercise any editorial control over the Video Content.
(g) No Support. TO THE EXTENT STRICTLY REQUIRED BY APPLICABLE LOCAL LAWS (AND ONLY TO THE EXTENT SUCH APPLICABLE LOCAL LAWS CANNOT BE EXCLUDED), WE HAVE NO OBLIGATION TO MAINTAIN OR SUPPORT VIDEO CONTENT. YOUR ABILITY TO ACCESS CERTAIN VIDEO CONTENT FROM A GIVEN SOURCE MAY DEPEND ON YOUR OBTAINING AND INSTALLING UPDATED VERSIONS OF CERTAIN SOFTWARE.
The price for an item on the Divorce Corp Site may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Divorce Corp Site. If the price for the item on the Divorce Corp Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Divorce Corp, Divorce Corp may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by Divorce Corp.
VI. RISK OF LOSS
The risk of loss and title for all items purchased via the Divorce Corp Site pass to the User upon delivery of the item to the carrier.
VII. PRODUCT DESCRIPTION
The items offered for sale on the Divorce Corp contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Divorce Corp does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM DIVORCECORP.COM THAT IS NOT AS DESCRIBED ON THE DIVORCECORP.COM SITE, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
VIII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use the Divorce Corp websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Divorce Corp websites, we will remove that information as soon as possible.
IX. TERMINATION OF USAGE
XI. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Divorce Corp Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User’s computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Divorce Corp account using an old e-mail address, such User will not receive messages from Divorce Corp about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User’s Divorce Corp account or within the Divorce Corp interactive community as applicable
User consents to receive electronic communications from Divorce Corp, whether addressed to the e-mail address associated with such User’s Divorce Corp account or posted on the Divorce Corp Site. User acknowledges and agrees that any communication via e-mail or by postings on this Divorce Corp Site satisfies any legal requirement that such communications be made in writing.
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
Divorce Corp is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any User Generated Content or the accuracy and reliability of the Content posted on the Divorce Corp Site or through the Divorce Corp Services, whether caused by Users of the Divorce Corp Site or the Divorce Corp Services or by any of the equipment or programming associated with or utilized in the Divorce Corp Site or the Divorce Corp Services.
Inclusion of any linked website on the Divorce Corp Site does not imply approval or endorsement of the linked website by Divorce Corp. When you access these third party sites, you do so at your own risk. Divorce Corp takes no responsibility for third party advertisements or third party applications that are posted on or through the Divorce Corp Site or the Divorce Corp Services, nor does it take any responsibility for the goods or services provided by its advertisers. Divorce Corp 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 communication. Divorce Corp 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 e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Divorce Corp Services 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 Divorce Corp Site or Services. Under no circumstances shall Divorce Corp be responsible for any loss or damage, including personal injury or death, resulting from use of the Divorce Corp Site or Services, from any Content, including User Generated Content, posted on or through the Divorce Corp Services, or from the conduct of any Users of the Divorce Corp Site or Divorce Corp Services, whether online or offline.
The Divorce Corp Site is provided by Divorce Corp on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, each Divorce Corp provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, neither Divorce Corp nor any Divorce Corp Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Divorce Corp Site, or the information, Content, including User Generated Content and materials or products included thereon; (ii) that the Divorce Corp Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including User Generated Content, service, or merchandise provided through the Divorce Corp Site; or (iv) that the Divorce Corp Site, its servers, Content, including User Generated Content, or e-mails sent from or on behalf of Divorce Corp are free of viruses, scripts, trojan horses, worms or other harmful components.
Divorce Corp does not guarantee the continuous, uninterrupted or secure access to the Divorce Corp Site or any related services. The operation of the Divorce Corp Site may be interfered with by numerous factors outside the control of Divorce Corp. Under no circumstances shall Divorce Corp or any Divorce Corp Provider be liable for any damages that result from the use of or inability to use the Divorce Corp Site, including but not limited to reliance by a User on any information obtained from the Divorce Corp Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Divorce Corp’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including User Generated Content, merchandise, and services available through the Divorce Corp Site. Neither Divorce Corp nor any Divorce Corp Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Divorce Corp Site, or the purchase or download of any Content, or product therefrom, even if Divorce Corp or any Divorce Corp Provider have been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XVI. APPLICABLE LAW; JURISDICTION
Each of Divorce Corp and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Teton County, Wyoming and waives any objection to the laying of venue of any litigation in said courts.
XVII. DISPUTE RESOLUTION
Alternatively, at Divorce Corp’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Teton County, Wyoming.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. Divorce Corp reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Divorce Corp, including User Generated Content, infringe your copyright, you (or your agent) may send Divorce Corp a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Divorce Corp to locate the material on the Divorce Corp Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Divorce Corp a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: firstname.lastname@example.org with “Copyright” in the subject line. Divorce Corp suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.