Terms of Sale

DingIt is a live streaming broadcast site for professional and aspiring gamers. Our patented keyboard simulation, Click Pro, shows actual button actions of the gamer in real time, giving the fan an unprecedented level of visibility into how the best gamers play. Our new broadcast app supports the highest resolution and bit rates of any live streaming site on the web, with minimal skips, sync errors or delays. DingIt provides an environment for viewers to become better gamers, and for gamers to earn real income while they are building a fan base.

DingIt was developed by OC Shield Ltd. (ocshield.com), an enterprise technology provider based in Europe. OC Shield’s solutions include: IP Transit Services for ISPs, Enterprise and Personal Security, Cloud Security solutions, ISP Integrity applications, Authentication and Verification solutions, and Internet Optimization solutions. Utilizing Network as a platform, OC Shield develops and publishes software solutions for PC, Android, iOS and IPTV devices all networked via the OC Shield platform or in conjunction with OC Shield partners.

Brands include: OC Shield Enterprise, MediShield, DataGard, LiquidStream, OC Shield CDN and VerifyFake. Both our management and development teams are composed of seasoned professionals who have run enterprise-grade networks and operated businesses in the server networks, Subscriber Management Systems, Set top box manufacturing and IPTV networks.

OC Shield financed the development and launch of Dingit.tv and spun it off as an independent company – DingMedia Ltd. In addition to OC Shield financing, DingMedia is set to complete its First Round of funding.

PLEASE READ CAREFULLY BEFORE ACCEPTING AND DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S)

Welcome to the game video management and streaming platform operated by DingMedia Ltd. (“ DingIt ”) consisting of the web site available at the URL http://www.DingIt.tv and all related services, software applications and networks that allow for the authorized streaming and distribution of game video content over the internet (the “ DingIt Service ”). The DingIt Service also includes any other sites or services that link to these terms of service (the “Terms of Service”). Other services offered by DingIt may be subject to separate terms.

The following Terms of Service for the DingIt Service is a legal contract between you, an individual user of at least 13 years of age (see section below about minors using DingIt) or a single entity (“you”), and DingIt regarding your use of the DingIt Service.

DingIt may offer certain additional services for which you can agree to pay fees to DingIt. The applicable terms will be made available on the applicable DingIt web page and will supplement these Terms of Service. If you register and/or use any such paid fee services, you will be asked to agree to and comply with the DingIt Terms of Sale. The DingIt Terms of Sale is hereby incorporated by reference.

PLEASE READ THESE TERMS OF SERVICE AND EULA CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE DINGIT SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE DINGIT SERVICE.

IF YOU ARE USING OR OPENING AN ACCOUNT WITH DINGIT ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF SERVICE; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS OF SERVICE, AND (IV) AGREE TO THESE TERMS OF SERVICE ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.

PURPOSE OF SOFTWARE:

1. To provide real time button simulation of the keyboard and controller functions by the broadcast app
2. Enhanced walkthrough technology
3. Streaming media technology that increases the quality and stability of video streams through the Internet to provide you with the highest quality streaming experience.

YOUR AGREEMENT WITH DINGIT

1. DingIt’s technologies (“Cl!ck Pro” and “Enhanced Walkthrough Software” and other ‘DingIt’ branded software applications (together the “DingIt Software”), and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) (collectively the “Software”) is licensed (not sold or transferred) to you by DingIt.
2. The features and products that are made available through the Software are provided to you by DingIt.
3. “DingIt’s websites” means http://www.DingIt.tv or any site under the DingIt.tv domain are operated by DingIt.
4. “Products” means collectively the Products; “you” or “your” means you, the user of the Software and licensee under these Terms.
5. “DingIt” means DingMedia Ltd. Breda, Netherlands.
6. Your agreement with DingIt is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document (collectively the “Terms”). In case of any inconsistency between the fair usage policies or any Additional Terms and this document, the terms and conditions established in this document shall prevail.

ACCEPTANCE OF THE TERMS

1. In order to download and/or use the Software, Products and/or DingIt Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Software, Products and/or DingIt Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or DingIt in accordance with paragraph 9.
2. You cannot accept these Terms if (a) you are not lawfully entitled to use the Software, Products and/or DingIt Websites in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with DingIt.

Use of DingIt by Minors and Blocked Persons.

1. The DingIt Service is not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the DingIt Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE DINGIT SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE DINGIT SERVICE.

2. CHANGES TO THE TERMS

1. DingIt may make changes to these Terms from time to time. DingIt will publish the changes at: http://www.DingIt.tv/terms

Changes to the fair usage policies and/or Additional Terms will be posted on the applicable DingIt Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or DingIt Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with DingIt in accordance with paragraph 9 below.

LICENSE

The DingIt Service is owned and operated by DingIt. Unless otherwise indicated, all Content and other materials on the DingIt Services, including, without limitation, DingIt's logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “ Materials ”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). All Materials contained on the DingIt Service are the proprietary property of DingIt or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to DingIt or its affiliates and/or third-party licensors. DingIt reserves all rights not expressly granted in these Terms of Service.

1. License. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software. For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the DingIt Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. DingIt reserves all rights not expressly granted to you under these Terms.
2. Restrictions. You may not and you agree not to:
   1. sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
   2. undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
   3. modify or otherwise making any derivative uses of the DingIt Service or the Materials, or any portion of them;
   4. use of any data mining, robots or similar data gathering or extraction methods;
   5. downloading (except page caching) of any portion of the DingIt Service, the Materials or any information contained in them, except as expressly permitted on the DingIt Service;
   6. undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, to gain unauthorized or illegal access to the data distributed by the Software (except to the extent permitted by law);
   7. remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
   8. use the Software or cause the Software (or any part of it) to be used within or to provide any products or services to third parties;
   9. other than for the purposes of download and installation, use the Software except in conjunction with DingIt streaming services;
   10. any use of the DingIt Service or the Materials except for their intended purposes.
3. Any use of the DingIt Service or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of DingIt, is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles.
4. When using the DingIt Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the “Guidelines”). All these Guidelines are hereby incorporated by reference into these Terms of Service (i.e. they are made part of these Terms of Service).
5. Third Party Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third Party Technology”), you agree and acknowledge that: (a) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (b) some Products and/or functionality may not be accessible through the Third Party Technology and (c) DingIt cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.
6. Third Party Notices. The Software may include third party code that DingIt, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Third party scripts, linked to, called or referenced from the Software, are licensed to you by the third parties that own such code, not by DingIt.

USE OF THE SOFTWARE, PRODUCTS AND DINGIT WEBSITES

1. Equipment: In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet.
2. Use of Your Equipment: If your use of the Internet Media Distribution Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Internet Media Distribution Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
3. Updates to the Software: DingIt may automatically check your version of the DingIt Software. DingIt will automatically from time to time update the Software. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from DingIt in order to continue using the DingIt Software and you agree to accept such Updates subject to these Terms.
4. Suspension, technical improvement and maintenance: From time to time, DingIt may need to perform maintenance on or upgrade the Software, Products or DingIt Websites or the underlying infrastructure that enables you to use the Software, Products or DingIt Websites. This may require DingIt to temporarily suspend or limit your use of some or all of the Software, Products or DingIt Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, DingIt will publish the time and date of such suspension or limitation on the DingIt Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or DingIt Website.
5. Quality: DingIt cannot guarantee that the Software, Products or DingIt Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or DingIt Websites, and may result in the failure of your media distribution including but not limited to: your local network, firewall, your internet service provider, the public internet, and your power supply. DingIt takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
6. Changes to Products: DingIt is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on the DingIt Website. If you do not agree with any changes to Software and Products, you may terminate your relationship with DingIt in accordance with paragraph 9. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time.
7. Unsolicited Ideas. If you send any Unsolicited Feedback to DingIt through the DingIt Website or otherwise, you acknowledge and agree, that DingIt shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
8. Linking. You may link to the DingIt Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by DingIt where none exists. You may not frame the Site on any other site.

YOUR OBLIGATIONS

1. Lawful Use: You must use the Software, Products and DingIt Websites in accordance with the laws of where you are located.
2. Prohibited Use: You may not:
   1. intercept or monitor, damage or modify any media distribution which is not intended for you;
   2. use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, DingIt Websites, communication or protocols;
   3. impact or attempt to impact the availability of the Software, Products or DingIt Websites for example, with a denial of service (DoS) or distributed denial of service (DDoS) attack;
   4. use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or DingIt Websites. Notwithstanding the foregoing, you agree that DingIt grants to the operators of public search engines permission to use spiders to copy materials from the DingIt Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DingIt reserves the right to revoke these exceptions at any time.

Digital Millennium Copyright Act.

1. Please note that since we respect game designer, game publisher and other Content (as defined below) owner rights, it is DingIt’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “ DMCA ”). If you believe that anything in the DingIt Services infringes upon any copyright that you own or control, you may file a notification of such infringement to: http://kb.dingit.tv/contact

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

In accordance with the DMCA and other applicable laws around the world, DingIt has adopted a policy that it will promptly terminate without notice any user’s access to the DingIt Service if that user is determined by DingIt to be a “repeat infringer.” A repeat infringer includes, without limitation a user who has been notified by DingIt of infringing activity violations more than twice and/or who has had their Broadcaster Content or any other user-submitted content removed from the DingIt Service more than twice. DingIt may also at our sole discretion limit access to the DingIt Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In addition, DingIt accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

1. User Submissions Please exercise respect when participating in any features of the DingIt Websites or Software such as Forums, Blogs, email functions, and/or publishing or any other function on the DingIt Websites or of the DingIt Software which allows you to post, upload, edit and/or publish content. You acknowledge and agree that: (i) by using the DingIt Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and DingIt has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the DingIt Websites or through the Software; (iii) DingIt does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) DingIt is not responsible for any User Submissions that you may have access to through your use of the DingIt Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. DingIt does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.
   In connection with your User Submissions, you represent and warrant that you
   1. own or have the necessary licenses, rights, consents, and permissions to use and authorize DingIt
   2. to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms;

   and (ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.

   If, at any time you choose to upload or post User Submissions to the DingIt Websites or through the Software (excluding Reports and excluding the content of your communications) you automatically grant DingIt a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trademarks associated therewith, in connection with the DingIt Websites and DingIt’s Software and Products including for the purpose of promoting or redistributing part or all of the DingIt Websites and/or the Software or Products, in any and all media now known or hereafter devised. You also hereby grant each user of the DingIt Website and/or DingIt’s Software or Products a non-exclusive license to access your User Submission through the DingIt Website and/or Software or Products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the DingIt Websites and/or Software or Products and pursuant to these Terms of Use. In addition, you waive any so-called “moral rights” in and to the User Submissions, to the extent permitted by applicable law.

   You may not submit or publish through the DingIt Website or Software any User Submissions that are libelous, defamatory, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the DingIt Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the DingIt Website or Software or features that prevent or restrict the use of any content thereof.

2. No Reselling. The Software and Products are for your individual use. You shall not resell or commercialize the Software and/or Products to any third party.
3. Import and export. You agree to fully comply with all local export and import laws, regulations, rules and orders, or any government agency or authority, and not to directly or indirectly export, re-export, transfer, or release the Software, any other commodities, software or technology received from DingIt, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the relevant government. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.

PROPRIETARY RIGHTS

1. The Software, Products and DingIt Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
2. The content and compilation of content included on the DingIt Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of DingIt, its affiliates or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without DingIt’s express permission. DingIt reserves all rights not expressly granted in the DingIt Websites.
3. DingIt and/or its licensors retain exclusive ownership of the Software, Products and DingIt Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with DingIt’s intellectual property rights in the Software, Products and/or DingIt Websites.
4. “DingIt”, associated trademarks and logos and the “Infinity” logo are trademarks of DingIt. DingIt has registered and filed applications to register its trademarks in many countries worldwide. DingIt’s trademarks and trade dress may not be used in connection with any product or service that is not DingIt’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DingIt. All other trademarks not owned by DingIt or its affiliates that appear on the DingIt Website are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of DingIt’s intellectual property (in whole or part) or that is confusingly similar thereto.
5. You may not use any metatags or any other hidden text utilizing “DingIt” or any other name, trademark or product or service name of DingIt without our prior written permission. In addition, the look and feel of the DingIt Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DingIt and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the DingIt Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

3. Broadcasters.

DingIt allows certain users (“Broadcaster”) to distribute streaming live and pre-recorded videos of video game related activities.

1. License from DingIt.

   If you sign up for an account as a Broadcaster, subject to your compliance with these Terms of Service, DingIt hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the DingIt Service for the uploading and distributing of authorized digital content, including videos (“ Broadcaster Content”).

2. License to DingIt

   Unless otherwise agreed to in a written agreement between you and DingIt that was signed by an authorized representative of DingIt:

   1. By distributing or disseminating Broadcaster Content through the DingIt Service, you hereby grant to DingIt a worldwide, nonexclusive, royalty-free, perpetual, transferable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Broadcaster Content, in any form, format, media or media channels now known or later developed or discovered. You grant DingIt and our sublicensees the right to use the name that you submit in connection with that content, if we or they choose.
3. Broadcaster Content Representations and Warranties.

   You are solely responsible for your Broadcaster Content and the consequences of posting or publishing it. By uploading and publishing your Broadcaster Content, you represent, and warrant that: (1) you are the creator and owner of the Broadcaster Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Broadcaster Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; (3) your Broadcaster Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; (4) unless you have received prior written authorization, your Broadcaster Content specifically does not contain any prerelease or non-public beta software or game content or any confidential information of DingIt or third parties; (5) in relation to Broadcaster Content that is not suitable for certain age groups you will (a) alert viewers that your channel contains such content and (b) operate an age gate to ensure that such content is viewed only by appropriate age groups. DingIt reserves all rights and remedies against any Broadcasters who breach these representations and warranties. Furthermore DingIt reserves the right, at its sole discretion, to terminate a stream if it considers any Broadcaster Content to be unsuitable for a gaming website.

4. Content is Uploaded at Your Own Risk.

   DingIt uses reasonable security measures in order to attempt to protect Broadcaster Content. However DingIt cannot guarantee that there will be no unauthorized copying or distribution of Broadcaster Content nor will DingIt be liable for any copying or usage of the Broadcaster Content not authorized by DingIt. You hereby release and forever waive any claims you may have against DingIt for any such unauthorized copying or usage of the Broadcaster Content, under any theory. THE SECURITY MEASURES TO PROTECT BROADCASTER CONTENT USED BY DINGIT HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

5. Prevention of Unauthorized Use of Broadcaster account.

   Unless expressly permitted in writing by DingIt, you may not sell, rent, lease, share or provide access to your Broadcaster account to any third party, including without limitation charging any remuneration (e.g. money) to any third party for access to administrative rights on your Broadcaster account. DingIt reserves all available legal rights and remedies to prevent unauthorized use of the DingIt Service, including, but not limited to, technological barriers, IP mapping, and in serious cases directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

6. Promotions

   Broadcasters may promote, administer or conduct a promotion on, through or utilizing DingIt (a “Promotion”). If you are a Broadcaster and you choose to promote, administer or conduct a Promotion, you must follow the following rules:

   1. You may carry out Promotions to the extent permitted by applicable local law and you are solely responsible for ensuring that you and any Promotions comply with any and all applicable local law obligations and restrictions.
   2. You, at your expense, will be solely responsible for all aspects of your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. DingIt has the right to remove your Promotion from the DingIt Service for any reason.
   3. DingIt is not responsible for and does not endorse or support any such Promotions. You may not indicate that DingIt is a sponsor or co-sponsor of the Promotion.

4. Prohibited Conduct.

The DingIt Services may include interactive areas or services (“ Interactive Areas ”), such as chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the DingIt Services (“ User Content ” and collectively with Broadcaster Content, “ Content ”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. BY USING THE DINGIT SERVICE, INCLUDING THE INTERACTIVE AREAS, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the DingIt Service. You agree that you will abide by these Terms of Service.

You agree that you will comply with these Terms of Service and will not:

1. use the DingIt Service for any purposes except to disseminate or receive original or appropriately licensed content and/or to access the DingIt Service;
2. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms of Service or any Materials (as defined in section 4);
3. post, upload, or distribute any defamatory, libelous, or inaccurate Content;
4. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the DingIt Service accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the DingIt Service, or perform any other similar fraudulent activity;
5. delete the copyright or other proprietary rights notices on the DingIt Service or Content;
6. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the DingIt Service, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
7. harvest or collect the email addresses or other contact information of other users from the DingIt Service for the purpose of sending spam or other commercial messages;
8. use the DingIt Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
9. defame, harass, abuse, threaten or defraud Users of the DingIt Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
10. remove, circumvent, disable, damage or otherwise interfere with security-related features of the DingIt Service or Content, features that prevent or restrict use or copying of any content accessible through the DingIt Service, or features that enforce limitations on the use of the DingIt Service or Content;
11. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the DingIt Service or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
12. modify, adapt, translate or create derivative works based upon the DingIt Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
13. intentionally interfere with or damage operation of the DingIt Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
14. relay email from a third party’s mail servers without the permission of that third party;
15. use any robot, spider, scraper, crawler or other automated means to access the DingIt Service for any purpose or bypass any measures DingIt may use to prevent or restrict access to the DingIt Service;
16. manipulate identifiers in order to disguise the origin of any Content transmitted through the DingIt Service;
17. interfere with or disrupt the DingIt Service or servers or networks connected to the DingIt Service, or disobey any requirements, procedures, policies or regulations of networks connected to the DingIt Service; use the DingIt Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the DingIt Service, or that could damage, disable, overburden or impair the functioning of the DingIt Service in any manner;
18. use or attempt to use another user's account without authorization from that user and DingIt;
19. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the DingIt Service that you are not authorized to access; or
20. attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose.

1. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
2. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
3. Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
6. viruses, corrupted data or other harmful, disruptive or destructive files; and
7. Content that, in the judgment of DingIt, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the DingIt Service, or which may expose DingIt or our users to any harm or liability.
8. DingIt takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DingIt liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the DingIt Service is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at DingIt's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the DingIt Service will not contain any content that is prohibited by such rules. As a provider of interactive services, DingIt is not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. DingIt does not endorse any Content or any opinion, recommendation or advice expressed therein, and DingIt expressly disclaims any and all liability in connection with Content. Although DingIt has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, DingIt reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the DingIt Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the DingIt Service at your sole cost and expense. Any use of the Interactive Areas or other portions of the DingIt Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the DingIt Service.
9. Rights in User Content

   If you submit or post User Content to the DingIt Service you grant DingIt a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant DingIt and our sublicenses the right to use the name that you submit in connection with such content, if we or they choose.

   By submitting or posting User Content to the DingIt Service, you agree that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the DingIt Service; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting of that User Content in connection with the DingIt Service, does not and will not violate these Terms of Service or any applicable law, rule or regulation in your country or elsewhere

Account

Account and Password.

You may wish to open a DingIt account with us for a number of reasons, including a more personalized DingIt experience or to upload and/or download or purchase content or any products, services, or information from DingIt.

In order to open an account, you will asked to provide us with certain information like an account name and password (all of which will be protected by our Privacy Policy).

Once you have a DingIt account you can purchase products and services (including subscriptions) via DingIt.

While DingIt uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to DingIt on registration and at all other times information which will be true, accurate, current, complete and kept up to date to the best of your ability.

If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify DingIt at legal@DingIt.tv.

ENDING YOUR RELATIONSHIP WITH DINGIT

1. You may terminate your relationship with DingIt at any time and without recourse to the courts by ceasing to use the Software, Products and/or DingIt Websites and removing the Software from your computer or device. Instructions for removing DingIt from your computer can be found here: http://www.dingit.tv/uninstall
2. DingIt may terminate its relationship with you, or may terminate or suspend your use of the Software, Products or DingIt Websites at any time and without recourse to the courts:
   1. if you are in breach of these Terms;
   2. if DingIt reasonably suspects that you are using the Software, the Products and/or DingIt Websites to break the law or infringe third party rights;
   3. if DingIt reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
   4. if DingIt reasonably suspects that you have or are trying to breach any copyrights, patent rights or any proprietary rights of the DingIt software or technology;
   5. if DingIt reasonably suspects that you are using our Products, Software and/or DingIt Websites fraudulently;
   6. in respect of a particular Product, on thirty (30) days’ notice if DingIt decides to cease offering that Product;
   7. immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of DingIt’s partners;
   8. immediately, if DingIt decides to cease offering the Software to users in your jurisdiction generally.
3. DingIt shall effect such termination by disabling the functionality of the Software, Products and/or DingIt Websites (as applicable).
4. Consequences of Termination: Upon termination of your relationship with DingIt: (a) all licenses and rights to use the Software, Products and/or DingIt Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or DingIt Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.

1. Indemnification.

   The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):

   You agree to indemnify, defend, and hold harmless DingIt, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the DingIt Service, any Content you post, store or otherwise transmit in or through the DingIt Service, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. DingIt reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DingIt, and you agree to cooperate with DingIt’s defense of these claims. DingIt will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. If you are a Broadcaster, the forgoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Broadcaster Content.

EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

1. For the purposes of this paragraph 10, "DingIt" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND DINGITWEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; DINGITDOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR DINGITWEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. DINGITFURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR DINGITWEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES DINGITWARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF MEDIA DISTRIBUTION MADE THROUGH THE SOFTWARE. DINGIT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE DINGIT SERVICE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DINGIT OR THROUGH THE DINGIT SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 17, THE TERM “DINGIT” INCLUDES DINGIT’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

1. Nothing in these Terms shall exclude or restrict DingIt's liability for (a) death or personal injury, (b) loss resulting from DingIt's wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability, which cannot be limited or excluded by applicable law.
2. No Liability: YOU ACKNOWLEDGE AND AGREE THAT DINGITWILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO DINGIT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF DINGIT WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR DINGIT WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR DINGIT WEBSITES.
3. Limitation of Liability: Subject to paragraphs 10.3 - 10.4 above, DingIt shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to DingIt, for:
   1. any indirect, special, incidental or consequential damages; or
   2. any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
   3. any damage to or corruption of data (whether direct or indirect);
   4. any claim, damage or loss (whether direct or indirect) arising from or relating to:
   5. your inability to use the Software,
   6. any claim, damage or loss (whether direct or indirect) arising from or relating to:
   7. any product or service provided by a third party under their own terms of service;
   8. any Third Party Technology;
   9. any third party website.
4. Subject to paragraphs 10.3 - 10.5 above, DingIt’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM.
5. If any third party brings a claim against DingIt in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold DingIt harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
6. Basis of the Bargain.

   YOU ACKNOWLEDGE AND AGREE THAT DINGIT HAS OFFERED THE DINGIT SERVICES, BROADCASTER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DINGIT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DINGIT. DINGIT WOULD NOT BE ABLE TO PROVIDE THE DINGIT SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

THIRD PARTY WEBSITES PRODUCTS AND SERVICES

1. Third parties may offer products or services via the Software and/or DingIt Websites. Whilst DingIt takes no responsibility for such products or services, if you encounter any problems with payment for or download, use of installation of such products or services, DingIt will use commercially reasonable endeavours to assist or resolve the problems. The third party products or services may be subject to the third party provider’s own terms and privacy policy that you may have to accept upon download or installation. You should review such terms before making any purchase or using any third party product or service and DingIt shall not be responsible for your failure to do so.
2. You acknowledge and agree that any third party product information and pricing that is shown on the DingIt Websites regarding third party products and services is given to DingIt by the applicable third party merchant (“Merchant”). The Merchant has the ability to change their pricing or terminate their product availability at any time. DingIt is not involved in any transactions between you and any Merchant whose products and/or services are listed on the DingIt Websites. DingIt does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the DingIt Websites; (v) links to the Merchants’ websites that are featured on the DingIt Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
3. The Software and DingIt Websites may include hyperlinks to other third party websites. DingIt is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.

YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY

1. DingIt is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data in accordance with our Privacy Policy: http://www.DingIt.tv/legal/privacy

HOW TO CONTACT DINGIT

1. To contact DingIt in relation to the DingIt Software or “DingIt” branded Products, please submit a support request to: http://kb.dingit.tv/contact
2. If you contact DingIt by any means other than as set out in paragraphs 13.1 your request may not be acknowledged.

MISCELLANEOUS

1. You agree to the use of electronic communication in order to enter into contracts and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with DingIt.
2. For your convenience, DingIt may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with DingIt.
3. These Terms constitute the entire agreement between you and DingIt with respect to your use of the Software, Products and/or DingIt Websites and replace any prior agreements between you and DingIt with respect to the Software, Products and/or DingIt Websites.
4. If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
5. The failure by DingIt to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of DingIt’s right or remedy. If DingIt waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
6. You may not assign these Terms or any rights or obligations contained in them. DingIt may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
7. This paragraph 14, along with paragraphs, 4.2, 10 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
8. You acknowledge and agree that if DingIt is unable to provide the Software, Products and/or DingIt Websites as a result of a force majeure event, DingIt will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of DingIt.

Applicable Law and Venue

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DINGIT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DINGIT.

You and DingIt agree to arbitrate any dispute arising from these Terms of Service or your use of the DingIt Service, except that you and DingIt are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and DingIt agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to DingIt shall be sent to DingMedia Ltd., Prinsenhil 29, 4825 AX Breda, The Netherlands. You and DingIt further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in London, United Kingdom; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of ICC; and that the courts of London, England shall have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the United Kingdom and applicable English law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and DingIt will not commence against the other a class action, class arbitration or other representative action or proceeding.

1. Waiver. The failure of either you or us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
2. Severability. If any provision of these Terms of Service or any guidelines is held to be unlawful, void, or for any reason unenforceable, then for both you and us that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
3. Assignment. These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DingIt without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
4. Survival.

   Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

5. Entire Agreement.

   The Terms of Service, together with the Terms of Sale, the Privacy Policy and the Guidelines, is the entire agreement between you and DingIt relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service.

6. Claims.

   If you are a consumer resident in the European Union and you disagree with the above, we encourage you contact us as soon as possible after you start using the DingIt Service at legal@DingIt.tv since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances).

The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):

YOU AND DINGIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DINGIT SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT OR AGREE BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR DINGITWEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO DINGITTHE RIGHTS SET FORTH HEREIN.

Who is DingIt

DingIt is a live gaming platform specializing in the fastest growing content in the world: eSport events. In the short period since its launch, DingIt.tv’s audience has grown to over 100k unique viewers, supports 200 gaming broadcasters and one live eSport event per day. Over the next six months, DingIt’s eSport channel will provide 120 live eSport events monthly and become the first live 24x7 eSport channel online.

Live eSports Opportunities

eSPorts and gaming broadcasting is exploding in popularity. With the League of Legends World Championships garnering an astonishing 72M viewers, these streamed events are boasting numbers that rival traditional sports. Users will watch 16 billion minutes of live streaming this month on Twitch alone. Game platforms are more successful at reaching 18-34 males than even the most popular television programs. In the U.S., Twitch.tv (a competitive platform) reaches some 15% more of this audience than the popular “Walking Dead” series. Viewers are making a significant shift in their viewing patterns. DingIt is on the cusp of this curve.

18-34 Males Are on DingIt…

Dingit’s audience is 90% male with 76% between the ages of 18-49. 15% are boomers, 40% Generation X, and 45% Millennials with the majority living in the U.S. DingIt’s audience also includes the desirable Western European demographics (Germany, The Nordics, France), but also a large audience from key English speaking regions (the UK, Canada and Australia). This audience flocks to DingIt’s native (and exclusive) eSport events to watch 20+ hours a week of gaming with ad completion rates of 85% or more.

And They Are Engaged

Gamers are social. An average eSport event lasts 240 minutes and 80% of the viewers are engaged for the entire event where they chat with friends, gamers and broadcasters as well as watch the event. According to a recent survey, gamers are more social, educated, successful and family oriented than non-gamers. They watch more live streaming and use the latest tech to consume content and connect to their friends and peers. Gamers tune into live gaming 5x more often than they do to TV and these preferences reflect the tidal wave that is remaking the media environment. Gamers’ tastes are the future of media.

Broadcast T.V.-like Ad Viewing Experience

DingIt’s unique proprietary technology provide viewers with a TV like linear ad experience. Ads are inserted during organic breaks between eSport events. Viewers cannot skip ads and are engaged throughout the ad break period guaranteeing a high ad completion rate.

Our Inventory

Video products include Cross Screen and Desktop videos with Companion ads for: live eSport events during natural breaks (mid rolls), standard broadcast events (pre-roll, mid-roll, post-roll) and VOD (pre-roll, mid-roll, post-roll).  

Display products in various sizes as well as Newsletter and Blog content spots are available.

If you are a journalist, blogger (amatuer or professional), writer, outlet, etc. and would like to contact us about a story, please email press “at” dingit.tv. Please provide the name of your outlet and give us some details about your inquiry in the email. We will get back to you within one to two business days.

If you’re a member of the press and would like to request information about DingIt, please CONTACT US.

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