Affiliates Account Sign Up
Before you can access DMX's Affiliate site, we ask that you read and understand the following Terms of Use. If you agree with these terms, please click the "Accept" button at the bottom of this page.
1. General
1.1 DMX's Affiliate site is operated by DMX, Inc (DMX). Access to the site is available to DMX affiliates and other authorized users ("Users") through a membership account ("Account").
1.2 Please read this document carefully. This User Agreement and any rules and conditions specified on screen on DMX's Affiliate site (the "Subscriber Conditions") constitute the rules which apply to your use of DMX's Affiliate site.
1.3. By using DMX's Affiliate site, you agree to comply with DMX's Affiliate site rules. If you do not wish to be bound by them, you may not continue to use DMX's Affiliate site.
1.4 DMX may modify its rules at any time and in any manner. Any modification is effective immediately upon either a posting on DMX's Affiliate site, electronic mail, or conventional mail. If any modification to DMX's Affiliate site rules is unacceptable to you, you may immediately terminate your Account as provided in Section 6 below. Your continued use of DMX's Affiliate site following notice of any modification to DMX's Affiliate site rules shall be conclusively deemed as acceptance of all such modification(s).
1.5 DMX's Affiliate site User Agreement and the Subscription Conditions together will constitute the entire and only agreement between DMX and User with respect to DMX's Affiliate site. DMX may discontinue or revise any aspect of DMX's Affiliate site, including, but not limited to, restricting (i) the time of availability, (ii) the availability and/or scope of DMX's Affiliate site for certain platforms (i.e. computer types and operating systems), (iii) the amount of use permitted, and (iv) restricting or terminating any User's right to use DMX's Affiliate site, at DMX's sole discretion and without prior notice or liability.
2. User Responsibilities
2.1 Equipment. User is responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access DMX's Affiliate site.
2.2 Accounts
a. Each User is responsible for the use of his/her account(s) under any screen name on that account by any person, and for ensuring full compliance with DMX's Affiliate site rules by all users of his/her account(s). A DMX Affiliate site account may not be transferred without prior written approval from DMX and is subject to any limits established by DMX.
b. User is responsible for maintaining the confidentiality of his/her passwords. User's password(s) may not be shared. User is responsible for all activities resulting from use of User's account with DMX's Affiliate site.
2.3 Online Conduct.
a. Any conduct by a User that in DMX's sole discretion restricts or inhibits any other User from using and enjoying DMX's Affiliate site will not be permitted. User agrees to use DMX's Affiliate site only for lawful purposes. User is expressly prohibited from posting or transmitting on or through DMX's Affiliate site any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
b. Except as authorized pursuant to Section 2.4 of this Agreement, User shall not, for a commercial purpose, (i) upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit, any information, software or other material (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips) (hereinafter "Content") obtained through DMX's Affiliate site; (ii) upload, post, reproduce, or distribute, in any way, Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner or right holder; or (iii) modify, rent, lease, loan, sell, distribute or create derivative works based on DMX's Affiliate site , in whole or in part. User may upload to the software files or otherwise distribute on DMX's Affiliate site only public domain Content, or Content in which the author has given express authorization for online distribution. User acknowledges that DMX's Affiliate site contains copyrighted material, trademarks, trade secrets and other proprietary and confidential information and material, and that these rights are valid and protected in all forms and media. The entire contents of DMX's Affiliate site are copyrighted as a collective work under the U.S. Copyright laws.
c. The foregoing provisions of 2.3 are for the benefit of DMX and its third party information providers and licensors and each shall have the right to assert and enforce such provision directly on its own behalf.
2.4 Permissible Uses of DMX's Affiliate site Content. User may download or copy downloadable Content displayed on this website for use only to promote DMX, to promote User as an affiliate or cable affiliate of DMX, or to sell local advertising on DMX. Such Content may not be edited, altered or used for any other purpose. All copyright notices and credits must appear in any use made by User of such Content, and User shall abide by any information or restrictions contained in any Content.
3. DMX's Rights
3.1 Enforcement of Rules. DMX MUSIC may elect to electronically monitor any areas (e.g., forums and bulletin boards) for adherence to DMX's Affiliate site rules and may disclose any content or records to satisfy any law, regulation or other governmental request or to properly operate DMX's Affiliate site and protect its members. DMX reserves the right at its sole discretion to review, edit, remove, modify or refuse to post any material or information submitted for display or posted on DMX's Affiliate site. DMX reserves the right to remove any content that it deems in its sole discretion to be unacceptable, undesirable, or in violation of the DMX's Affiliate site rules. DMX may terminate immediately without notice any User who misuses or fails to abide by the applicable DMX's Affiliate site rules.
3.2 Access and Availability of Links. DMX's Affiliate site may contain links to other related World Wide Web Internet sites, resources and sponsors of DMX's Affiliate site . DMX is not responsible for the availability of these outside resources or for their contents.
4.0 Limitation of Liability and Disclaimer of Warranty
4.1 User expressly agrees that the use of DMX's Affiliate site is at User's sole risk. Neither DMX, its employees, agents, third party information providers, licensors or the like, warrant that DMX's Affiliate site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of DMX's Affiliate site, or as to the accuracy, reliability or content of any information, service, or merchandise contained in or provided through DMX's Affiliate Site.
4.2 DMX MUSIC'S Affiliate site and all downloadable software is provided on an “as isâ€, “as available†basis without warranties of any kind, either express of implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. No oral advice or written information given by DMX, any of its employees, agents of third party information providers, licensors or the like, shall create a warranty; nor shall rely on any such information or advice.
4.3 Under no circumstances, including negligence, shall DMX, of anyone else involved in creating, producing or distributing DMX's Affiliate site, be liable for any direct, indirectly, incidental, special or consequential damages that result from the use of or inability to use the DMX Affiliate site; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to DMX MUSIC's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content on DMX's Affiliate site.
5. Indemnification
5.1 User agrees to defend, indemnify and hold harmless DMX MUSIC from any claims and expenses, including reasonable attorney's fees, related to any violation of the DMX Affiliate site rules by use of User's account(s) or sub-account(s), or in connection with the placement or transmission of any message, information, software or other content on DMX Affiliate site, or arising out of User's use of any DMX's Affiliate site Content in violation of the DMX's Affiliate site rules.
6. Termination
6.1 Either User or DMX may terminate this Agreement at any time. User's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines or practices of DMX in operating DMX's Affiliate site or any change in the content of DMX's Affiliate site, is to terminate User's account by delivering notice to DMX, effective the day DMX receives notification of termination or any future date specified which is acceptable to DMX.
6.2 DMX may terminate User's account(s), or suspend User's access to all or part of DMX's Affiliate site, without notice, for any conduct or activities that DMX in its sole discretion believes interferes with other Users' enjoyment or use of DMX's Affiliate site, or is harmful to other Users, third party information or content providers, licensors, service providers or DMX's interests.
6.3 Termination of membership automatically terminates service to any and all other designated users in User's account(s) or sub-account(s). Sections 4, 5 and 7 shall survive the termination of this Agreement.
7. Miscellaneous
7.1 Construction. In the event that any portion of this Agreement or any other of the DMX's Affiliate site rules is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the rules shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the rules.
7.2 No Implied Waiver/Modification. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the DMX's Affiliate site rules shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provisions of the DMX's Affiliate site rules.
7.3 Applicable Law. DMX's Affiliate site rules shall be construed and enforced in accordance with the laws of the State of Texas, without reference to the choice of law principles thereof.