(Version of 8/01/15)
We may provide notices to you by posting them on our website, or by sending them to an e-mail address or street address that you previously provided to us. Website and e-mail notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent.
Please note that even though we use terms like “purchase,” “buy,” “sell,” and “order” to talk about transactions related to digital content, generally no ownership interest is transferred in transactions on this website but rather limited one year licenses are granted. After that year has commenced the buyer of the licenses have to reapply for the license
Profiles, Profile Settings and User Information
Your control over your settings provides you with options for organizing and managing your account through your lifetime with “Derbywire, Inc.” To edit your account settings click here [account settings page].
The edit icon (settings) will control how your brand is represented within your personal profile with Derbywire, Inc. This allows you to present yourself the way you want other users, the public and other onlookers to perceive you. Our community provides the privacy that many social networkers have been seeking, so take advantage of it! Your settings determine who can see the content you post on a day-to-day basis and you have the ability to make the choice to ‘post your content or not’ or delete content. It is easy to make changes to your profile using the edit page.
Whether you are uploading a photo or an audio, you can control exactly who can see it at the time you create it. You should always consider your profile settings before sharing information on the website to ensure your sharing the ‘likeness’ you want represented in the marketplace.
Moreover, we have partnered with a third party provider, Optimal Payments, who help manage the credit card and bank information of our users. User information is encrypted and secure and none of the users information is stored on our servers. The transaction process is also PCI compliant. Buyers and sellers are welcome to participate in our marketplace by using derbywire’s mobile payment wallet that offers the flexibility to conduct a prepaid pickup, direct purchase or transfer. Buyers can make credit card purchases in our marketplace from anyone, anywhere. derbywire supports artist and fans in our community in the US, Canada, UK, Australia, and many other European countries. You can instantly accept payments from around the world. We automatically handle conversions so that users can instantly charge customers in their local currencies. We have a 90/10 revenue sharing model where we collect 10% from all transactions within the marketplace of different forms of digital content and merchandise sold by artist and fans. We plan on providing international users the ability to create accounts with our platform.
Our focus is to protect the copyrights of the users in the community, therefore, we use creative commons to ensure users understand the rights they have to content within the community. Different types of streamed content can be posted in the community that is content the user just may want to share, free content, and paid content. We will be expanding the usage rights people have to content but for now users have two licensing options for content, which are ‘Non-Commercial, Personal Use License’ and ‘Creative Commons License’.
Derbywire is covered under the Digital Millennium Copyrights Act’s (DMCA) with regard to copyrights immunity. We will also use audio fingerprinting to help protect the content of user infringement and facial recognition. Our affiliates consist of BMI, ASCAP, SESAC and Sound Exchange and we have a growing number of others that will be shared as we complete agreements.
Derbywire, Inc. is designed to make it easy for you to find, connect, and exchange user-generated streamed content with others. During the registration process we provide an overview of the experience on our mobile application and provide a real-time connectivity with fans and artist merchandise instantly after registration of your mobile wallet. The community provides the opportunity to connect with artist, fans, buyers and sellers of user content, and brands. For this reason, your name, profile likeness, content feeds, and username do not have privacy settings and are available to everyone on the site. This information is essential to helping you promote user-generated content, connect with users, and monetize your creations. Your name and profile photos help people recognize who you are, and your gender helps us identify you and to authenticate you as a user. If you are uncomfortable with sharing your profile picture, you should delete it or elect not to add one.
We ask for your date of birth to verify that you are of age to use the site. Because your date of birth and gender are needed, you cannot delete them once added.
In some cases, we may ask for additional information for security reasons or to provide specific services to you.
Subscriber Group and Other Information
Social groups are accessible for all to view that are subscribed within a group, create and post comments in “mywire” after an upload. However, in order to join a group, you must initiate it by subscribing to individuals in the community. Other information can be posted on your profile at your discretion.
Circuit Board Relevant Content
Artist and fans can search content from date ranges to find the most relevant content within that date range within the community. This allow users to go back in time to observe and collect information on what was or is relevant within a certain range of time.
The creators in the community consist of artist and fans. These individuals make up the derbywire community and provides the content that will drive participation on the website. Creators will be voted on and the top creators will trend to the top getting maximum exposure within the platform from other fans, brands and others that seek top artist and their content.
Voting & Trending
All content within the community can be voted on. From your profile, to comments, to different forms of content. This allow for everything in the community to trend and be assigned a percent rating of where content stands within the space.
BIG data is one of our most important features that we not only make use of, but we provide data for our artist and fans. We focus on data they care about that will help people make decisions regarding where to promote themselves to what type of content they should provide to the audience they want to engage as followers or fans. We provide the user with demographic data, downloads by geo location, total revenue, and gender representation.
Users are able to access all content from our marketplace playlist that is represented by a tag with a light bulb on it. Anything that the user upload in the community automatically go to the marketplace where individuals have the option to buy content or post free content to their personal playlist. Once the user forms their personal playlist the content can be streamed on any mobile device, tablet, or other mediums that we will migrate the user experience. All licensable digital assets have a one year expiration and ONLY downloadable content can be licensed. The ONLY content that can be licensed currently is beats. When content is licensed it will always be tracked to the original uploader and after a year the user will be notified to renew their license to ensure the intellectual content owner is compensated.
There are 3 types of content that can be uploaded within the social mobile community which are the following:
streams are content that can not be download on the web nor on a hard drive. It can ONLY appear in the marketplace and the playlist as a listening asset, not a download. It is controlled such that it can only be shared on mobile devices such as mobile phones, tablets, TV, in-car, cable and other mobile environments.
web streams are content that will mainly be uploaded by independent artist or fans that will get paid through our 90/10 revenue sharing model. This content cannot be downloaded to a hard drive and is only downloaded to the web which provides the ability to stream to the mobile device. This protects the artist or fan content from piracy as long as they make the decision with keeping their content within a controlled environment for distribution. Moreover, the hot links in the marketplace allow for artist content to be viewed on a vanity URL with their cover photo in the background for advertisement. These hot links can be used in other places to help independent artist advertise their products and allow users to listen to samples of their product.
hard downloads are items that can be downloaded on your hard drive and licensed by an individual for a year. These files can also be used with other creative content and reuploaded into the community. These are the ONLY file types that can be reuploaded. When collaborating with another artist content it is important to make sure you upload the owners work of that content, purchase it and reupload to ensure the original owner of the content receives credit. Original content owners will generate 10% of any transaction shared with the artist or fan that used it to create new content.
Derbywire’s media assets, streams and web downloads, both function as what we understand as streams. The web downloads provide the capability for the independent artist and fans to stream to mobile while getting paid, just as regular streams.
Users have complete control of their content within derbywire and can set a price on all content they choose to sell within the platform. Artist and fans will have to choose a price point for their offering that people will be willing to pay for it.
The artist and fans have access to managing their mobile wallet that allow them to register as a merchant and sell merchandise within the community. In addition, users can upload their debit and credit cards which allow them to make purchases at anytime using facial recognition for the payment verification. Users have to option of using a selfie for a payment verification or their email or password. Merchants are paid directly to their accounts.
We have designed the platform to be very user-friendly and simple to use, providing users the ability to easily set up their profile the way they want to. The site is set up such that most of the content is not shared external to the community unless you facilitate the distribution of it through other platform mediums. We have secured the community in an effort to protect user generated content the best we can and to help in efforts to prevent piracy of your content. We are not claiming that there will be no acts of piracy, but we sure try to help reduce the probability of occurrence. We have integrated tools to allow you as the user to advertise your content outside of Derbywire, but in a controlled setting using facebook wall postings, twitter and the application of widgets.
Information you “publish” is information you have chosen to make publicly available within the community. Such information may, for example, be accessed by everyone on the Internet (including people not logged into Derbywire, Inc.), indexed by third party search engines, and imported, exported, distributed, and redistributed by you and others without privacy limitations. Such information may also be associated with you, including your name, and profile photos, even outside of Derbywire, Inc., such as when you visit other sites on the internet where we use an API to help you distribute your content or retrieve content you own in other communities. Derbywire, Inc. has no control of the use of content outside of the community. It will also be accessible by applications and websites you and your friends use.
Comments and Communications
Users may submit communications, suggestions, ideas, comments or questions (“Communications”). You grant Derbywire, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Communications throughout the world in any media. You grant Derbywire, Inc. and its affiliates and sublicensees the right to use the name that you submit in connection with such Communications, if they choose.
Miscellaneous Regarding Profiles
You can control the content you post within your profile. If you do not like the content you post, you have the ability to delete it. If you prefer to do so, you will have the ability to close your account or prevent further access to your posted content. In either case, however, please note that it may have been copied or recorded by someone else before you deleted it.
Only you can make adjustments to information on your profile. The owner of a profile is the only individual that can make adjustments to the profile.
Your contact information settings control can be edited under the profile. If you are buying and/or selling content in the community, your e-mail address, bank and credit card information is required. You do not have to share your e-mail address with anyone.
Here are some other things to remember:
Even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, was otherwise distributed pursuant to your privacy settings, or was copied or stored by other users.
You understand that information might be re-shared or copied by other users.
Certain types of communications that you send to other users cannot be removed, such as messages.
When you post information on another user’s profile or comment on another user’s post, that information will be subject to the other user’s privacy settings.
If you use an external source to publish information to Derbywire, Inc. (such as a mobile application or a Connect site), you should check the setting for that post, as it is set by that external source.
Applications can only see information you have made available for people to view. If you want applications to be able to access more information, you must adjust your settings to provide this access.
Tags can be created by each user to make searching for, and accessing, content easier.
“Public search” on the Applications and Websites page controls whether people who enter your name in a search engine will see a preview of your Derbywire, Inc. profile. It also controls whether content you’ve specifically chosen to share with everyone shows up in searches on and off Derbywire, Inc. Most of the user-generated content can only be searched within the “Derbywire, Inc.” community.
Rating users in the “Derbywire, Inc.” community provides smart, analytical data and information for Derbywire, Inc. to make insightful decisions regarding the content that users care about. Our mission is to listen to the users’ wants and help them be heard by other participants within the community, so that each person’s existence on the site is recognized in some way.
When you confirm a transaction on Derbywire, Inc., you agree to be bound by and pay for that transaction. When you confirm a credit to your account, you agree to be bound by the transaction on Derbywire, Inc. Do not commit to a transaction unless you are ready to pay, because all sales are final. In addition, all disputes are the responsibility of the merchant and must be settled by the merchant. Each user is verified through our payment processor who approve wallet participants within the community.
You agree to provide accurate, current and complete information in connection with all payments.
You will share any revenue you generate affiliated with being a user of the site. The revenue will be split 90% (user) and 10% (Derbywire, Inc.) for using the portal, with a minimum fee post of content to Derbywire of $2 per transaction. The transaction cost will be 3.99% + .30 cent for US and 4.99% + .30 cent for international transactions.
Pay attention to the details of the transaction because your total price may include additional fees, which you are responsible for paying. You are responsible for any taxes that need to be filed as part of your participation and revenue generation of the site. Any revenues or transfers over $100K must be tax filed. Content sold on the site will primarily be digital content with some physical good distribution.
The transaction fee from our
We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards and debit cards global which are real-time. Money transfers may take a maximum of 2 days. When you provide a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. Payment verification are executed using biometric data. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
By registering for derbywire as a Merchant, you confirm that you will not accept payments or use the Service in connection with the following activities, items or services:
- Adult content
- Alimony, child support, or other court-ordered payments
- Bail bonds
- Bankruptcy lawyers
- Buyers clubs, discount clubs or membership clubs
- Check cashing, or payment for a dishonored check or for an item deemed uncollectible by another merchant
- Computer repair or maintenance services
- Cruise lines
- Credit counseling or credit repair agencies
- Credit protection or identity theft protection services
- Counterfeit or possibly counterfeit goods
- Debt collection, consolidation, or reduction services
- Digital currency
- Direct marketing of subscription offers
- Distressed Property Sales and Marketing
- Door to door sales
- Drugs, alcohol, or drug paraphernalia, or items that may represent them
- Factoring, liquidators, bailiffs, bail bondsmen
- Financial services, such as cash advances, bill payment, loans, prepaid cards, wire transfers, or sales of money orders or foreign currency
- Gambling or betting, including lottery tickets, casino gaming chips, off-track betting, fantasy football, memberships on gambling-related internet sites and wagers at races
- Hate, violence, racial intolerance, or the financial exploitation of a crime
- Infomercial merchants
- Internet pharmacies or pharmacy referral sites
- Inbound or outbound telemarketing businesses including lead generation businesses
- Licensed or franchised goods or services, such as Apple products
- Medical equipment
- Multi-level marketing businesses, pyramid or Ponzi schemes
- Obscene or pornographic items
- Pharmaceuticals, including medical marijuana
- Prepaid phone cards or phone services
- Prostitution, escort services, massage parlors, and other potentially sexually related services
- Real estate or motor vehicle sales
- Rebate or upsell programs
- Scrip-dispensing terminal
- Timeshares, timeshare resales and related marketing
- Tobacco, cigarettes, or e-cigarettes
- Unlawful activities or items, or activities or items that encourage, promote, facilitate or instruct others regarding the same
- Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
- Weapons, including replicas and collectible items, or ammunition or other accessories
- Weight loss programs
If you fall within the following exclusions, you will not accept the American Express card:
- Equities (including stocks, bonds, or any other ownership position in a corporation)
- Goods or services to be delivered more than four (4) months in the future, with an intention of gaining return on investment
- Internet auctions
- Political parties
- Telecommunications (including wireless, cable, satellite, wireline, and ISP)
- Travel industry (including car rental, lodging, and other travel tour operators)
You will not accept payments by Google Wallet Instant Buy for any items prohibited by GPC's content policies, as such policies may be updated from time to time. The current version of GPC's content policies is posted at https://support.google.com/wallet/business/answer/75724.
In addition, you may not use the Service for:
- Impersonating any person or entity or falsely claiming an affiliation with any person or entity;
- Collecting, or attempting to collect, personal information about users or third parties without their consent, or using such information except as necessary to use the Service;
- Sending unsolicited offers, advertisements, proposals, or junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature;
- Accepting payments for goods or services provided by someone other than you;
- Providing yourself or others with a cash advance from a credit card;
- Any illegal purpose, or violating any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation, and data collection and privacy;
- Defaming, harassing, abusing, threatening, or defrauding others;
- Posting, transmitting, or distributing content that is false, misleading, unlawful, obscene, indecent, lewd, pornographic, hateful, abusive, inflammatory, or that violates the rights of others (including rights of publicity or privacy);
- Damaging, disabling, overburdening, or impairing derbywire, including without limitation, using the Service in an automated manner;
- Interfering with another user's enjoyment of the Service, by any means, including by uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
- Competing with derbywire or derbywire's business partners;
- Sending or receiving what derbywire considers to be funds for something that may have resulted from fraud or other illegal behavior;
- Abusing the payment card system or violating the Operating Regulations, in the reasonable opinion of the Networks or derbywire;
- Acting as a money services business or money transmitter;
- Transferring funds between bank accounts held in the same name;
- Creating an Account that is linked to another Account that has engaged in any of the foregoing activities. derbywire may use evidence other than your Account information to determine whether you control an Account in someone else's name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses.
If derbywire determines that you have received funds resulting from fraud or a prohibited activity, those funds may be frozen, returned to the Purchaser, or seized.
In addition, if we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, your access to the derbywire services, and any of your transactions with law enforcement.
There are no refunds once content is purchased.
Other Actions We May Take
As part of our effort to keep Derbywire, Inc. safe, we may take certain actions to reduce the potential for liability for users and us.
We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
We may place a delay on a payment for a period of time working with our third party processor, limit payment sources for a transaction, limit your ability to make a payment, or deactivate your account if we believe doing so may prevent financial loss.
We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 1.5% per month or the lawful maximum.
Disputes and Reversals
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify Optimal Payments (our third party) immediately, so that we may take action to prevent financial loss.
To the fullest extent permitted by law, you waive all claims against us related to payments and it must be submitted to the merchant as a claim within 30 days after the charge.
Sellers (Merchants) are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that arise out of payments that you authorized or accepted.
If you enter into a transaction with a third party (Optimal Payments) and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.
We may intervene in disputes between users concerning payments, but have no obligation to do so.
Special Provisions Applicable to Advertisers
When you purchase advertising on or through Derbywire, Inc., you agree to pay all amounts specified in the order, along with any applicable taxes, if any.
You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.
There is also an option for users to stream their ads through the profiles of users on the site to increase brand presence throughout the community. You can contact the Derbywire team at firstname.lastname@example.org to get a quote.
You can cancel an advertising order at any time through our online portal. Your ads may run for several days after you notify us. You are still responsible for paying for those ads.
Your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
We share ad revenue with our users and allow them to make decisions to help stream company and/or brand advertisements through their profiles. This motivates users to share advertisement throughout the site and creates a collaborative effort in the advertisement process providing a 90% or more brand exposure rate.
Notices and Amendments to Payments Terms
Except as otherwise stated, you must send notices to us relating to payments and these payment terms by postal mail to: Derbywire, Inc., Attention: Legal Department, 1155 Mt. Vernon Hwy, Atlanta, Georgia 30338.
The payment terms in place at the time you confirm a transaction will govern that transaction. We may change these payment terms, in whole or in part, even though the changes may affect accumulated credits.
Some countries may restrict or prohibit your ability to make payments through Derbywire, Inc. Nothing in these payment terms should be read to override or circumvent any such foreign laws.
The following types of files constitute “abuse” and may not be uploaded under any circumstances when using Derbywire, Inc.’s hosting:
- Digital content that violates any law or may be considered to violate any law.
- Digital content that infringes on the intellectual property rights of any entity.
- Digital content that is proprietary, confidential or that you otherwise do not have the legal right to upload.
Uploading abusive content may result in the immediate termination of the user’s ability to use Derbywire, Inc. or any of its provided services.
To report any type of abuse, please contact us. It may take up to 7 business days to process deletion requests. Derbywire, Inc. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all content from this site. You understand that by using this site you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use this Website at your own risk.
Termination of Service
Intellectual Property Ownership
Derbywire, Inc. does not claim ownership of content that users submit for sale, license or sublicense. You maintain all ownership rights to your digital content at all times. However, when you upload your content to our system for sale, license or sublicense it is assumed that you are providing us a license to do so. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you submit will not cause injury to any person or entity; and that you will indemnify Derbywire, Inc. and its affiliates for all claims resulting from the content you submit.
Use of Content
All content on the Website (“Content”) other than content expressly submitted for sale, license or sublicense to other users, is the property of Derbywire, Inc. or its Content suppliers and is protected by U.S. and international copyright (and in some instances possibly trademark and patent) laws. Unless specifically provided otherwise, Content is not purchased but rather limited rights to use are acquired. Unless specifically provided otherwise by the Content owner: (a) all Content is for your personal use only; (b) you agree not to sell or redistribute or offer to sell or redistribute Content. Making modifications to the Content or creating derivative works based on the Content is prohibited unless specifically authorized by Derbywire, Inc. or the Content owner.
You agree that you will not use the Website to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of any party.
Except as set forth in the limited license below, or as required under applicable law, neither the Content nor any portion of the Website may be used, reproduced, duplicated, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
We grant you a limited, revocable and nonexclusive license to access and make personal use of our Website. Please note that you may not frame or utilizing framing techniques to enclose the Website or any portion thereof without our written consent.
The limited license set forth herein does not include the right to (1) modify or download the Website or its contents (except caching or as necessary to view content); (2) make any use of the Website or its Content other than personal use; (3) create any derivative work based on either the Website or its Content; (4) collect account information for the benefit of another party; (5) use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent; or (6) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of the Website terminates the limited license set forth herein without prejudice to any other remedy provided by applicable law.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information to our agent:
Identification of the material that you claim is infringing, with enough detail that we can locate it on the site. A statement that you have a good faith belief that the material’s use is not authorized by the copyright owner, its agent, or the law. A statement declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner. Your address, telephone number, and e-mail address
Your physical or electronic signature.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: email@example.com
No Warranties/Limitation of Liability
You agree that the use of Derbywire, Inc.’s services is entirely at your own risk. Derbywire, Inc.’s services are provided on an “as is” and “as available” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DERBYWIRE, INC. DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DERBYWIRE, INC. DOES NOT WARRANT OR GUARANTEE THAT (1) THE SITE IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATION OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE, OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SITE WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (5) THE FUNCTIONS OR SERVICES DERBYWIRE, INC. PERFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU SPECIFICALLY AGREE THAT DERBYWIRE, INC. IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL DERBYWIRE, INC. OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DERBYWIRE, INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL DERBYWIRE, INC.’S LIABILITY TO ANY PARTY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE AGGREGATE FEES PAID TO DERBYWIRE, INC. BY SUCH PARTY.
Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
Derbywire, Inc. is not responsible for the content in any uploaded files, nor is it in affiliation with any entities that may be represented in the uploaded files. Derbywire, Inc. does not warrant that the descriptions, prices or other content available on its Website are accurate, complete, reliable, current or error-free.
Derbywire makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of Derbywire, Inc.’s services.
Derbywire, Inc. reserves the right to remove or replace any uploaded files, and assumes no liability for lost registration links or misplaced file URLs.
Derbywire, Inc. may perform maintenance services as Derbywire, Inc. determines reasonably necessary. User acknowledges that such maintenance may require downtime. Derbywire, Inc. will attempt to provide prior notice of the maintenance downtime, except in the case that circumstances beyond Derbywire, Inc.'s control limit the ability to do so.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages or costs, including reasonable attorney’s fees, resulting from your use of software robots, spiders,
crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
By accepting this agreement you waive and hold harmless Derbywire, Inc. from and against any claims resulting from any action taken by Derbywire, Inc. during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Derbywire, Inc. or law enforcement authorities.
(Version of 08/01/15)
Information We or Others May Obtain About You
When you sign up for Derbywire, Inc. you provide us with your name, e-mail address, gender, birth date, photo and other personal information. Derbywire, Inc. may also ask you for additional personal information in connection with your use of the site. Your provision of personal information may enable you to participate in contests, promotions or other offers. Derbywire, Inc. may combine the personal information that you provide with other information that we may collect from you or from third parties so that we can more effectively tailor our service and offerings to you and our other users.
Derbywire, Inc. may use a user’s e-mail address to send updates, a newsletter or news regarding the service. Users may choose not to receive e-mail of this type.
Derbywire may ask you to provide your payment information (such as credit card, debit card, bank account information or other payment processor information) and billing information. Before completing a transaction, we must verify that the payment information you provide to us is valid. In addition to biometric data you provide such as a facial or iris data for payment validation prior to a transaction. All of this information is used for payment purposes and is shared with third parties only as necessary for the processing of payments. All payment information is handled by means that Derbywire, Inc. believes to be secure; however, Derbywire, Inc. does not guarantee that unauthorized access will never occur. We may retain the details of the types of transactions or payments you make on Derbywire, Inc. If you do not want us to store the account number of your payment source, you can remove it using your edit feature.
Generally, we will not share your personal information with our advertisers. Derbywire, Inc.’s ad targeting is done entirely at random. As “Derbywire, Inc.” collects more and more information on its users, advertisements will target those who care about seeing the ads. This type of filtering occurs through the use of the “tag” capability. We will work with advertisers to provide occasional reports on which advertisements interest people based on the “tag” function. As the mobile social network matures, the percent rating of profile users will provide relevant information about how users value other users’ content. Advertisers will have the ability to collaborate with the top content users upload in the site and ad partners will have the ability to provide advertisement to display on top trending content for exposure to users. Advertisers should contact derbywire’s ad team to become apart of the ad program at firstname.lastname@example.org.
Derbywire, Inc. may share aggregate information about its users and visitors with advertisers, business partners, sponsors and other third parties.
We use "cookies" (small pieces of data we store for an extended period of time on your computer, mobile phone, or other device) to make Derbywire, Inc. easier to use and our advertising better, and to protect both you and Derbywire, Inc. For example, we use them to store your login ID (but never your password) to make it easier for you to login whenever you come back to Derbywire, Inc. We also use them to confirm that you are logged into Derbywire, Inc., and to know when you are interacting with Derbywire, Inc. platform applications and websites, our buttons and widgets, and our advertisements. Cookie information may also be used to store preferences and record session information for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customize communications and content. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set.
One of the primary reasons people use Derbywire, Inc. is to monetize user-generated content and network with others. Examples include when you post a album or song for sale, upload a photo for sale, upload a video for sale, upload a beat for sale, share a link, publish a post or audio ad, add content that appear on the site world map via mobile device, sending email messages, etc.
Site Activity Information
We keep track of some of the actions you take on Derbywire, Inc., such as views of your top creators (including those when you join a group and add content), votes of content, photo collections, and video collections; rating profiles, selecting tags, rewires, favorites, subscribers and connecting with an application. In some cases, you are also taking action when you provide information or content to the site. For example, if you share a video, in addition to storing the actual uploaded content, we may log the fact that you shared it.
Access Device and Browser Information
When you access Derbywire, Inc. from a computer, mobile phone, or other device, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit. This non-personally-identifiable information may be shared with third parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes.
Derbywire, Inc. may use log files. This includes IP addresses, browser type, internet service provider, referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the website, track users’ movement in the aggregate, and gather broad-based demographic information for aggregate use.
Information from Use of Applications or Other Websites
We do not own or operate the applications or websites that you use through the Derbywire, Inc. platform (such as any games and utilities). When you use those applications and websites you are making your Derbywire, Inc. information available to someone other than Derbywire, Inc.
Whenever you connect with a platform application or website, we will receive information from them, including information about actions you take. In some cases, in order to personalize the process of connecting, we may receive a limited amount of information even before you connect with the application or website. Users access applications and other websites at their own risk.
When you connect with an application or website it will have access to General Information about you. The term General Information includes your names, profile videos, profile pictures, gender, user IDs, connections, and any content shared using the “publish” setting. We may also make information about the location of your computer or access device and your age available to applications and websites in order to help them implement appropriate security measures and control the distribution of age-appropriate content. If the application or website wants to access any other data, it will have to ask for your permission.
We give you tools to control how your information is shared with applications and websites that use the Derbywire, Inc. platform.
We may institute programs with advertising partners and other websites in which they share information with us:
We may ask advertisers to tell us how our users responded to the ads we show or stream. Our business model provides a rating system to let advertisers know whether ads and content are effective. This data sharing, commonly known as “conversion tracking,” helps us measure our advertising effectiveness and improve the quality of the advertisements you see. Our ads are unique and different than most social communities in the since we will use the user profile cover space to advertise motion, video or HD images.
We may receive information about whether or not you’ve seen or interacted with certain ads via our mobile app in order to measure the effectiveness of those ads.
Information from Other Users
We may collect information about you from other Derbywire, Inc. users, such as when someone vote or rewire a song, video, or photo, or provides creator details.
Accessing and Changing Information
Sharing of Information
Derbywire, Inc. may share your personal information: (a) with our affiliates (entities which control, are controlled by or are under common control with Derbywire, Inc.) who may want to contact you about products, services or other offerings that may be of interest to you; (b) with third parties with your consent; (c) as may be required by law, legal process or court order; (d) as may be required to respond to an inquiry, request or complaint you have made; (e) to persons or companies whom Derbywire, Inc. engages to carry out or provide support for the operations of its service, which may include customer support services; or (f) to protect the personal safety or property of you, our users, the public, our licensors or ourselves.
Buttons or widgets containing Derbywire, Inc. content may appear on other websites to help draw more attention and traffic to the site. The sites you visit receive none of your personal information. The content in these content sockets comes directly from Derbywire, Inc. If you click “access” next to the button or widget, it will provide the person with a “join” window, which will then enable him or her to view his or her content of interest from the site. This will be the only way external users or information seekers will be able to view content within the community. Internal users can use Derbywire to organize content they want to see.
We reserve the right to add special protections for minors (such as to provide them with an age-appropriate experience) and place restrictions on the ability of adults to share and connect with minors, recognizing this may provide minors a more limited experience on Derbywire, Inc.
Derbywire, Inc. user accounts are secured by member-created passwords. Derbywire, Inc. takes precautions to insure that member account information is kept private. Derbywire, Inc. uses reasonable measures to protect member information that is stored within its database, and restricts access to user information to those employees who need to access it in order to perform their job functions, such as customer service personnel and technical staff. Please note that Derbywire, Inc. cannot guarantee the security of member account information, or that unauthorized entry or use, hardware or software failure will never occur.