When you visit DHI Sites, we may collect some or all of the following information:
Personally identifiable information which you elect to provide.
Data from one or more "cookies"--a small text file containing a string of alphanumeric characters that uniquely identifies your browser. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser, and may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the DHI Sites may not function properly if the ability to accept cookies is disabled.
Data from server log files. Our servers automatically record certain information that your web browser sends whenever you visit DHI Sites. These "server logs" may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Data from GIF's. When you use the DHI Sites, we may employ "clear GIF's or "web beacons" which track the online usage patterns of viewers anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our Viewers to track which emails are opened by recipients.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Any video, image, or other content posted at the direction of Viewers onto the DHI Sites becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
Any Viewer may decline to submit personally identifiable information through the DHI Sites. In this case, DHI may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. Please note that media files uploaded by Viewers to the DHI Sites cannot be removed and remain subject to these Terms of Use.
The DHI Sites are hosted in the United States and are intended for and directed to Viewers in the United States. If you are a Viewer accessing the DHI Sites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the DHI Sites, which are governed by U.S. law, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.
Please contact DHI with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using this contact form.
DHI Use of Information Collected
We use any personal information you provide us to operate, maintain, and provide to you the features and functionality of the DHI Sites. We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the DHI Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous Viewer usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the DHI Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing Viewer preferences and trends.
Any personal information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Viewers when you upload videos or send messages through the DHI Sites and other Viewers can contact you through messages and comments. Any videos that you submit to the DHI Sites may be redistributed through the internet and other media channels, and may be viewed by the general public.
We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major DHI Site changes or for customer service purposes).
We provide personally identifiable information and non-personally-identifiable information to businesses or persons for the purpose of processing such information on our behalf. We require that third parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
We share non-personally-identifiable information with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the DHI Sites.
We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
DHI reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that DHI believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of DHI, our Viewers or others.
In the event that DHI is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Viewers as part of such merger, acquisition, sale, or other change of control.
Third-Party Ad Servers
DHI allows certain third-party ad servers to serve advertisements within the DHI Sites. These companies use technology to send, directly to your browser, the advertisements and links that appear on the DHI Sites. In doing so, they automatically receive your IP address. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.
DHI does not provide any personally identifiable information to these third-party ad servers without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks DHI to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the DHI Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
Please review the privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. DHI's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. Currently, DHI has or may soon have relationships with the following third-party ad servers or ad networks:
We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We do not, however, warrant or assume any liability with respect to the security of any information you transmit to DHI Sites. You transmit all such information at your own risk.
If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. DHI may post a notice on the DHI Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us using this contact form.
Copyrights and Other Intellectual Property
All content on the DHI Sites, including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by and/or licensed to Dramatic Health, Inc. They are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: Michael P. Tierney, Dramatic Health, Inc., 45 Rockefeller Center, Suite 2000, New York, NY 10111, email: copyright@dramatichealth.com, telephone: 212-332-7136, fax: 212-332-3401. (Only notices alleging copyright issues should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to info@dramatichealth.com.)
If you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
For Commercial Viewers
We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserves the right to revoke such permission either generally or in specific cases.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Sites in a manner that sends more request messages to the Sites' servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Viewers of the Sites.
Legal Disclaimers
YOU AGREE THAT YOUR USE OF THE DHI SITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW.
DHI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DHI SITES AND YOUR USE THEREOF.
DHI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE DHI SITES' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THEM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DHI SITES.
DHI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DHI SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL THE DHI SITES, ITS OWNERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DHI SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR VIEWER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY CAUSE OF ACTION IN YOUR FAVOR ARISING OUT OF OR RELATED TO THE DHI SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.