The following terms and conditions govern all use of the Dunked.com website ("Service"). The Service is owned and operated by ZillaMedia LTD. (“ZillaMedia”, "Us, "We, or "Our"). By using the Service, you ("You", "Yourself" or "Your") agree to these terms of use in full. If You disagree with these terms of use, or any part of these terms of use, You must not use the Service.
You must be at least 13 years of age to use the Service. By using the Service and by agreeing to these terms of use, You warrant and represent that You are at least 13 years of age.
The Service uses cookies. By using the Service and agreeing to these terms of use, You consent to Our use of cookies in accordance with the terms of Our privacy policy.
Unless otherwise stated, We or Our licensors own the intellectual property rights in the Service and material on the Service. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Service for Your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Service without Our express written consent.
Access to certain areas of the Service is restricted. We reserve the right to restrict access to other areas of the Service, or indeed the whole Service, at Our discretion.
If You create an account and subsequently a password to enable You to access restricted areas of the Service or other services, You must ensure that the password is kept confidential. You must notify Us immediately if You become aware of any unauthorised use of Your account or password.
You are responsible for any activity on the Service arising out of any failure to keep Your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person's account and password to access the Service, unless You have that person's express permission to do so.
We may disable Your account at any time in Our sole discretion with or without notice or explanation.
You understand and agree that all information, including, without limitation, text, images, audio material, video material, links, addresses, data, functionality and other materials ("Content") that You or a third party allow, submit, post, obtain, email or transmit (or the like) to the Service (collectively, "Your Content") is Your responsibility and not Our responsibility.
You own Your content. You grant to Us a worldwide, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute Your Content in any existing or future media for the purposes of marketing Our Service. In short, You grant us permission to use Your content to help promote the Dunked.com website. If You delete Content, we will use reasonable efforts to remove it from the Service, but You acknowledge that caching or references to the Content may not be made immediately unavailable.
By making Content available, You represent and warrant that:
Your Content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against You or Us or a third party (in each case under any applicable law).
You must not submit any Content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We have the right (though not the obligation) to, in Our sole discretion (i) refuse or remove any Content that, in Our reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
You understand that all content uploaded to the Service will be continually monitored for illegal content, and should any be found, will be erased immediately. This is in relation to any items deemed illegal by content as well as illegal due to copyright infringement.
ZillaMedia has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s Content, use or effects. By operating the Service, ZillaMedia does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. The Service may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ZillaMedia disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of Content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Dunked.com links, and that link to Dunked.com. ZillaMedia does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, ZillaMedia does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ZillaMedia disclaims any responsibility for any harm resulting from your use of other websites and webpages.
Some features on the Service require payment of fees. If you elect to sign up for these features, you agree to pay Us the monthly or annual subscription fees and any applicable taxes as described on the Service. All payments due are in U.S. dollars unless otherwise indicated. Upon payment, You will have access to the chosen features immediately. If Your use of the Service is terminated for any reason, whether by You or by Us, You will lose and forfeit any time remaining on Your account with Us.
Unless you notify Us before the end of the applicable subscription period that you wish to cancel or downgrade your account, your subscription will automatically renew and you authorise Us to collect the applicable fees. Your account is provided with the functionality to downgrade or cancel Your subscription.
You authorise us to bill the payment source You provide to Us for all applicable fees. If Your payment source is declined at any time (including, but not limited to situations where we seek authorisations or charge attempts), we may make up to two attempts to reprocess Your payment source. We reserve the right to disable or cancel Your use of Service immediately.
As ZillaMedia asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by the Service violates Your copyright, You are encouraged to notify Us in accordance with the Digital Millennium Copyright Act (“DMCA”). We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ZillaMedia or others. In the case of such termination, We will have no obligation to provide a refund of any amounts previously paid to Us
You must provide the following information in your written complaint to Us in order for it to be valid under the DMCA:
A counter-notification can be filled with Our designated agent. All counter-notifications must contain the following:
False accusations, or false responses, to claims of copyright infringement may subject You to damages including, but not limited to, fees incurred in blocking material, court costs, and legal fees.
We do not warrant the completeness or accuracy of the information published on this Service; nor do we commit to ensuring that the Service remains available or that the material on the Service is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Service and the use of this Service (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in these terms of use will: (a) limit or exclude Our or Your liability for death or personal injury resulting from negligence; (b) limit or exclude Our or Your liability for fraud or fraudulent misrepresentation; (c) limit any of Our or Your liabilities in any way that is not permitted under applicable law; or (d) exclude any of Our or Your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to You in respect of any losses arising out of any event or events beyond Our reasonable control.
We will not be liable to You in respect of any bUsiness losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to You in respect of any loss or corruption of any data, database or software.
We will not be liable to You in respect of any special, indirect or consequential loss or damage.
You hereby indemnify Us and undertake to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute on the advice of Our legal advisers) incurred or suffered by Us arising out of any breach by You of any provision of these terms of use.
Without prejudice to Our other rights under these terms of use, if You breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending Your access to the Service, prohibiting You from accessing the Service, blocking computers using Your IP address from accessing the Service, contacting Your internet service provider to request that they block Your access to the Service and/or bringing court proceedings against You.
We may revise these terms of use from time to time. Revised terms of use will apply to the use of the Service from the date of publication of the revised terms of use on the Service.
We may transfer, sub-contract or otherwise deal with Our rights and/or obligations under these terms of use without notifying You or obtaining Your consent.
You may not transfer, sub-contract or otherwise deal with Your rights and/or obligations under these terms of use.
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms of use are for the benefit of You and Us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of Our and Your rights in relation to these terms of use is not subject to the consent of any third party.
Subject to the first paragraph of Section 10, these terms of use, together with Our privacy policy, constitute the entire agreement between You and Us in relation to Your use of the Service and supersede all previous agreements in respect of Your use of the Service.
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
All payments are final and non-refundable, except in Our sole discretion.
The full name of Our company is ZillaMedia LTD. We are registered in England and Wales under registration number 7561890. If You have any questions about these terms, You can contact Us by email (hello@dunked.com), by post at: Dunked, 145/157 St John St, London, EC1V 4PW or by phone on 0800 612 2810.
Last updated: 24 Jun 2013