Membership

MEMBERSHIP AGREEMENT.

This Membership Agreement, together with our Terms, the relationship between Declaration Entertainment, (“Declaration”) and its registered members (“Members”) of the Declaration community.  By subscribing as a Member and completing our Member subscription page, you accept and agree to all of the terms and conditions of this Membership Agreement. 

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT COMPLETE THE MEMBERSHIP SUBSCRIPTION PAGE.  YOUR COMPLETION OF THE MEMBERSHIP SUBSCRIPTION PAGE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. 

1. Terms and Conditions; Privacy Policy.

This Membership Agreement is subject to both the Declaration Terms and Conditions of use (“Terms”) and the Declaration Privacy Policy (“Privacy Policy”), both of which are deemed incorporated into the Membership Agreement by this reference.  By registering as a Member, you are representing that you have read, are familiar with and will abide by the Terms and Privacy Policy.

2. Membership.

Declaration provides various types of content and interactive online services on the Internet and via mobile devices (the “Services”) to our Members through our Site.  In addition, our Site allows Members to access, monitor and participate in various ways in the creation of unique content by Declaration and its affiliates. Please read the following important Member Agreement (the “Member Agreement”) carefully. This Member Agreement governs your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and Declaration. 

When you subscribe to the Service, you are agreeing to this Member Agreement and the Terms. To the extent you have access to, or are using, the Service without having completed our registration process, you are hereby notified that your use and your continued use of the Service are subject to the terms and conditions of this Member Agreement and the Terms as explained in Section 5 below.

Certain Content and Services may be restricted to Members, or otherwise password-protected, and certain Content and Services may be limited to certain classes of Members.  Further, Declaration may, from time to time, offer to Members the opportunity to assist in funding or otherwise financially supporting the creation of Declaration Content.

3. Changes to the Member Agreement.

Declaration reserves the right to change the terms of the Member Agreement at any time by posting a notice of the change on the Site.  Declaration is not required to notify you, either in writing or electronically, of any such change.  All changes take effect when notice of the changes are posted on the Site. The changes also will appear in this document. Access to this document will be found at the bottom of each page on the Site. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and cancel your subscription. By continuing to access, visit or use the Site and Services after Declaration makes any such changes, you agree to be bound by the revised Member Agreement and Terms.

In order to access many of the features on the Site and use the Services, you will have to become a Declaration Member.  To become a Member you must be at least 18 years of age. As a Member you will pay fees as set forth in Section 5, below. We have different levels of Membership, which are explained on our Subscription page [include link].

When you register, you will be asked to enter a valid email address and to choose a password.  You are responsible for safeguarding your password and you agree not to disclose your password to any third party, or allow any third party to access the Site under your account. Your password is personal to you, and access to the Site by any other person using your password, even with your permission, is a violation of the Terms and your Member Agreement.  You agree that you will be solely responsible for any activities or actions taken under your email address or password, whether or not you have authorized such activities or actions. You will immediately notify Declaration of any unauthorized use of your password. You agree that the information that you provide to Declaration upon registration, and at all other times will be true, accurate, current and complete.  You also agree to update your registration whenever such information is no longer current.

If you become a Member you consent to the use of: (a) electronic means to complete the Member Agreement and accept both the Member Agreement and these Terms and to provide you with any notices which Declaration may give relating to or pursuant to this Member Agreement; and (b) electronic records to store information related to this Member Agreement and your use of the Site and Services.

4. Your Account Information. 

Registration data and other information about you are subject to Declaration’s Privacy Policy.  You are solely responsible for maintaining the confidentiality of your password.  In addition to being a violation of the Terms, if you provide someone else with access to your password to the Site or the Service, they will have the ability to view information about your account and make changes through the Site for the Service. You agree to notify Declaration promptly if you change your address or email so Declaration can continue to contact you and send any notices relating to this Agreement. If you fail to notify Declaration promptly of a change in your registration information, including your email address, then any notice Declaration sends to your old address or email shall be deemed sufficient notice.

5. Fees and Payments.

You agree to pay the Membership fees and any other charges incurred in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred.  Declaration’s Memberships are annual. They will start on the date you register and renew on that same date each year (your “Renewal Date”).  Declaration will bill renewal charges automatically to your credit card each year on your annual Renewal Date.  In the event the credit card information you provide Declaration at registration is no longer valid, Declaration will attempt to contact you by email to update this information.  If Declaration is unable to update your credit card information, your Membership will expire.  All Membership fees and charges are nonrefundable.  Therefore, if you cancel your Membership at any time, including prior to your Renewal Date, no refund will be given, and your cancellation will go into effect on your next Renewal Date.  Declaration may change the fees and charges in effect at any time, or add new fees or charges, by giving you notice in advance.  Changes in fees will always go into effect on the next Renewal Date.

If you believe someone has accessed the Site or the Service using your user name and password without your authorization, please notify us through the Support page [provide link].  You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.  If you distribute your password or other user information to any third person, or make it available on any website, your account and Membership may be immediately terminated.

YOUR PAYMENT OF A MEMBERSHIP FEE TO DECLARATION DOES NOT GRANT YOU ANY OWNERSHIP OF, OR INTEREST IN, THE SITE, THE SERVICES, OR ANY CONTENT.  BY REGISTERING AS A MEMBER OF DECLARATION, YOU ARE SUPPORTING DECLARATION’S EFFORTS TO PROVIDE AND CREATE CONTENT OF INTEREST TO THE DECLARATION COMMUNITY, BUT DOES NOT CONSTITUTE YOU AS A PARTNER, INVESTOR, AFFILIATE, SHAREHOLDER OR OTHERWISE GRANT YOU ANY RIGHTS, OF ANY NATURE, EXCEPT AS EXPRESSLY PROVIDED IN THIS MEMBERSHIP AGREEMENT.

6. Renewal, Modification and Cancellation.

Unless otherwise indicated at the time of your registration, your Membership will renew automatically, unless Declaration terminates it or you notify Declaration by e-mail (receipt of which must be confirmed by email reply from Declaration) of your decision to cancel your Membership.  You must cancel your Membership 72 hours prior to any Renewal Date in order to avoid billing of subscription fees for the next year to your credit card.  If you cancel, you will have access until your next Renewal Date regardless of the date of your cancellation. 

Depending on the type of Membership you have subscribed for, you may also change or upgrade your Membership.  Current Membership programs can be viewed on the Subscription Page [provide link].  All Membership changes will take effect at the time of your change, which will become your new Renewal Date.

7. Types of Content. 

As used in this Member Agreement “Content” means, collectively, the text, data, graphics, images, scripts, photos and video files, audio files, and all meta data made available through the Site or constituting part of the Service, and regardless of who created or uploaded the Content.  Unless modified, the term Content refers to all Content, including but not limited to all three of the following categories of Content. “User Content” means, collectively, the Content which you and other Members upload to the Site, and which is intended to be visible to others.  Declaration is under no obligation to allow User Content, will not screen or review such User Content, and is not responsible for any User Content which may be offensive, illegal (including libel, slander or other defamatory content), or which constitutes an infringement of copyright or any other intellectual property rights.  However, and notwithstanding the foregoing, by uploading any User Content to the Site, you are representing and warranting to Declaration that (i) you have all legal right to upload such User Content and make it available on the Site to other Members, (ii) that such User Content is not offensive, illegal (including libel, slander or other defamatory content), and (iii) that the uploading onto the Site or the viewing of such User Content by yourself or other Members does not constitute an infringement of copyright or any other intellectual property rights of any third party.  In the event Declaration becomes aware that any Member has uploaded content which is offensive, illegal (including libel, slander or other defamatory content), or which constitutes an infringement of copyright or any other intellectual property rights, Declaration may immediately remove any such content from the Site, and immediately terminate your Membership. 

“Declaration Content” means the Content, whether created by Declaration or its affiliates, that Declaration uploads to the Site.  This Content is solely the property of Declaration, and its use or access is strictly subject to the Terms, this Member Agreement, and any limitations or notices shown when accessing such Declaration Content.

“Third Party Content” means Content created by a third party that Declaration, or a third party with Declaration’s consent, uploads to the Site.  We reserve the right to remove and permanently delete any Content, including User Content and Third Party Content, from the Site at any time, and for any reason or no reason, without notice.

8. User Content.

We may periodically invite users to submit User Content either in the form of Comments posted to other Content, or Content such as videos, images, audio files etc. created by Users, and submitted to Declaration.  By displaying User Content, Declaration does not assume any liability for that Content. Declaration reserves the right to display, refuse to display, or modify User Content submitted to the Site.

9. Registration and Account Security

By registering as a Member, you are agreeing with Declaration that you will:

1. 1. You will not provide any false personal information on Declaration, or create an account for anyone other than yourself without permission.
   2. You will not use Declaration if you are under 13, or permit anyone under 13 to use Declaration if you are over 13.
   3. You will keep your contact information accurate and up-to-date.
   4. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
   5. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
10. Mobile
    1. Declaration currently provides access to the Services for free on mobile devices, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
    2. In the event you change or deactivate your mobile telephone number, you will update your account information on Declaration within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

11. Disputes
    1. You will resolve any claim, cause of action or dispute ("claim") you have with Declaration arising out of or relating to this Membership Agreement exclusively in a state or federal court located in Los Angeles County.  The laws of the State of California will govern this Membership Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.  You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on Declaration, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

12. Special Provisions Applicable to Members Outside the United States

Declaration hopes to create a global community with consistent standards for everyone, but Declaration also respects local laws. The following provisions apply to users outside the United States:

1. 1. You consent to having your personal data transferred to and processed in the United States.
   2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Declaration.

13. Other
    1. This Membership Agreement, together with the Terms and Privacy Policy, constitutes the entire agreement between the parties regarding Declaration, the Site, your membership, and your use of the Services or access to the Content, and supersedes any prior agreements.
    2. If any portion of this Membership Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
    3. If Declaration fails to enforce any of this Membership Agreement, it will not be considered a waiver.
    4. This Membership Agreement may not be amended, modified or waived except with the express prior written consent of any authorized representative of Declaration.
    5. You will not transfer any of your rights or obligations under this Membership Agreement to anyone else without the express prior written consent of any authorized representative of Declaration.
    6. All of Declaration’s rights and obligations under this Membership Agreement are freely assignable by Declaration, including but not limited to in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.