If any part of this Agreement is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
David Lynch Foundation Television (hereinafter DLF.TV) or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders’ failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. DLF.TV and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of DLF.TV. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
IMPORTANT — READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING DLF.TV,OR SUBSCRIBING TO DLF.TV SERVICES, PURCHASING DLF.TV PRODUCTS, DOWNLOADING DLF.TV SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING DLF.TV SERVICES AND PRODUCTS, AND ANY RELATED DLF.TV SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN. DLF.TV IS WILLING TO PROVIDE YOU WITH ACCESS TO DLF.TV THROUGH ITS WEBSITE AND MAKE AVAILABLE DLF.TV PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM DLF.TV OR ITS AFFILIATES IN CONNECTION WITH DLF.TV AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE ACCESSING OR OTHERWISE USING DLF.TV , AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING TO DLF.TV OR PURCHASING PRODUCTS AND SERVICES FROM DLF.TV AUTHORITY
DLF.TV is owned and operated by the David Lynch Foundation, Inc. and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties – Copyright 2008 the David Lynch Foundation. All rights reserved. The compilation and arrangement of all content, data and other information found within DLF.TV are also the sole and exclusive property of the David Lynch Foundation, Inc. and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of DLF.TV , meaning, the structure, sequence and layout of the Website, including but not limited to any video, audiovisual, DVD, CD and multi media components of such technology as perceived by you, are also proprietary to the David Lynch Foundation, Inc. and its licensors and fully protected under U.S. and international intellectual property laws.
USE OF DLF.TV
Subject to the terms and conditions set forth herein and any third party restrictions, DLF.TV grants you a non-transferable, non-exclusive and non-sublicense limited right and license to view, use and access DLF.TV to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by DLF.TV for such purposes on the Website solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on DLF.TV ; provided you retain all DLF.TV copyright and proprietary notices contained in the original materials or any copies thereof. All rights to ownership or use not expressly stated herein are reserved by DLF.TV and DLF.TV disclaims any and all implied licenses. By posting information or other materials on the DLF.TV Website DLF.TV does not waive any proprietary right in and to DLF.TV content (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you except for the limited license expressly granted herein.
SUBMISSIONS FOR COMPETITIONS
Any and all trademarks displayed by DLF.TV are owned by DLF.TV its licensors or its affiliates, or are the property of third parties (in which case DLF.TV makes no claim of ownership rights therein).
® Transcendental Meditation, TM & TM-Sidhi are registered or common law trademarks licensed to Maharishi Vedic Education Development Corporation and used under sublicense.
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of DLF.TV . “Confidential Information” means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to DLF.TV or its licensors, including, but not limited to, all aspects of DLF.TV and any other materials or information related to the business or activities of DLF.TV that are not generally known to others engaged in similar businesses or activities.
You acknowledge and agree that DLF.TV and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by DLF.TV . You acknowledge and agree that DLF.TV and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within DLF.TV provided by any other user of the Website or any third party licensors or suppliers of DLF.TV . Please notify us immediately of any unauthorized use of your user name and password via email to privacy@DLF.TV.
The DLF.TV Website resides on the public internet. DLF.TV uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to DLF.TV and information stored on servers controlled by DLF.TV . Notwithstanding these efforts, DLF.TV cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising there from.
You agree to indemnify, defend, and hold harmless DLF.TV , its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of DLF.TV ; and (d) any use of your Submission by DLF.TV or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive this Agreement and your use of DLF.TV . TERMINATION
You agree that DLF.TV , at its sole discretion, may terminate or suspend your access to and use of DLF.TV at any time and for no or any reason whatsoever, including, without limitation if DLF.TV believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. DLF.TV reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of DLF.TV without notice. You agree that DLF.TV and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to DLF.TV. Your obligations under this Agreement shall continue even after DLF.TV has terminated and/or canceled this Agreement or your access to DLF.TV . Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to DLF.TV for use of your Submission.
Products sold from the DLF.TV Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, DLF.TV reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
APPLICABILITY OF CONTENT
The DLF.TV Website is intended for residents of the United States and is operated in the State of Iowa, United States of America. DLF.TV and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders make no representation that the content provided through DLF.TV is applicable or appropriate for use in jurisdictions other than the United States of America. If you access DLF.TV from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of DLF.TV , you may not view or use DLF.TV .
This Agreement shall be governed and construed in all respects by the laws of the State of Iowa and the laws of the United States of America. Under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability. DLF.TV will terminate rights of subscribers and account holders in appropriate circumstances if they are determined to be repeat infringers. DLF.TV’s IP Agent for Notice and Counter Notice of claims of copyright or other intellectual property infringement can be contacted at: The David Lynch Foundation, Inc. 1000 N. 4th Fairfield, IA 52556
LINKS TO OTHER WEBSITES
REVISIONS AND CONSENTS
DLF.TV reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. DLF.TV also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through DLF.TV. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on the Website. By continuing to enter the Website and/or using DLF.TV , you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
This Agreement constitutes the entire agreement between you and DLF.TV with respect to the subject matter addressed herein, and governs your access to and use of DLF.TV. This Agreement also supersedes any prior agreements between you and DLF.TV relating to such subject matter, but this Agreement may be supplemented by any other written agreement you enter into with DLF.TV pursuant to your enrollment and/or participation in other programs, products, services and features offered by DLF.TV .
ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
By using DLF.TV , you consent to receive from DLF.TV all communications including notices, agreements, legally required disclosures or other information in connection with DLF.TV (collectively, “Contract Notices”) electronically. DLF.TV may provide such electronic Contract Notices by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the DLF.TV Website.