Notice to our users: Please check your email for an important update to your subscription.

TERMS AND CONDITIONS

This website (mediasmush.com) is made available to you by Draco One Media LTD. Your access to and use of this Site is strictly subject to these Terms and Conditions of Use. By accessing this Site, the user ("YOU") agrees to be unconditionally bound by these Terms and Conditions of Use.

Acceptance of Terms of Use

These Terms of Use govern your use of the Draco One Media LTD service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the "Draco One Media LTD service" or "service"). By using, visiting, or browsing the Draco One Media LTD service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the service, including our website and user interfaces.

These Terms of Use are an ongoing contract between you and Draco One Media LTD and apply to your use of the Draco One Media LTD service as made available to you. They affect your rights and you should read them carefully.

Changes to Terms of Use

Draco One Media LTD reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms" located at the bottom of the pages of the website. The most current version of the Terms of Use will supersede all previous versions.

Privacy and Communications Preferences

Any personally identifying information submitted through the Draco One Media LTD service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. By agreeing to these Terms of Use, you are consenting to receive certain communications from us. For example, Draco One Media LTD may send you newsletters about new Draco One Media LTD features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply contact us. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.

Membership and Billing

You can find the specific details regarding your membership with Draco One Media LTD at anytime by visiting www.mediasmush.com and clicking on the "Your Account" link.

Billing

By starting your Draco One Media LTD membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Draco One Media LTD service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the "Your Account" page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Your Account" button, available at the top of the pages of the www. website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Draco One Media LTD will charge you for all applicable taxes, including, without limitation, any applicable state, provincial, federal and local taxes.

We offer several memberships including:

  • 5 day trial, which Renews to a 1 month Premium Download membership at $49.95 USD/month if not cancelled prior to the end date.

Trials

Your Draco One Media LTD membership may start with a trial(Regular 5 day trial or a 5 day premium download trial). The trial period of your membership lasts for 5 days, or as otherwise specified during sign-up. Your mediasmush.com 5 day trial offer will begin when you click on "Start Membership" during the registration process. Simply cancel anytime during your 5 day membership, and you will not be charged. To cancel, click on "Your Account" and follow the simple cancellation instructions. If you are enjoying WEBSITE, do nothing and your membership will automatically continue at the monthly subscription rate. If YOU CANCEL PRIOR TO THE END OF YOUR TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD

We will begin billing your Payment Method for monthly membership fees at the end of the trial period of your membership unless you cancel prior to the end of the trial period. To view the specific details of your membership, including price and end date of your trial period, visit www.mediasmush.com and click on the "Your Account" page. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your trial period. Pending charges, while pending, will, however, reduce the available amount of credit or debit capacity on your Payment Card in the amount of $6.99 per pending charge. IF YOU CANCEL PRIOR TO THE END OF YOUR TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE "CANCEL MEMBERSHIP" LINK AT THE TOP OF THE SUPPORT PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis at the one (1) month membership rate for your membership plan until you cancel. You may cancel your membership at anytime.

We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We are not responsible for the products and services provided by third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below). Membership may be cancelled or modified at any time prior to the end of your trial period by calling toll-free at 1-866-572-0354 for the U.S.A. and Canada or 1-925-364-9356 for international members, 24 hrs, 7 days a week.

Ongoing Membership

Your Draco One Media LTD membership, will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Cancellation

You may cancel your membership to Draco One Media LTD at any time, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNPLAYED GAMES. To cancel, visit www.mediasmush.com site and click the words "Cancel Membership" on the "Support" page and follow the instructions for cancellation under the heading "Cancel Membership."

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

How Our Service Works

Draco One Media LTD is an online subscription media service providing its members with access to media played over the Internet.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Availability. The availability of games to instantly play will change from time to time. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible usage based data charges. Draco One Media LTD makes no representations or warranties about the quality of your instant played experience on your display.

Personal Computer Requirements and Device Limitations: To enjoy playing instantly via your personal computer, your equipment must satisfy certain system requirements.

Draco One Media LTD streaming software: Draco One Media LTD streaming software is developed by or for Draco One Media LTD and is designed to enable instant streaming of content from Draco One Media LTD through Draco One Media LTD ready devices. This software may vary by device and medium, and functionalities may also differ between devices. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and Draco One Media LTD reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Draco One Media LTD service through such software at any time, without prior or any notice.

END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE Draco One Media LTD SOFTWARE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE Draco One Media LTD AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

Customer Service Inquiries

All Customer Service inquiries via email will be answered within 24hrs of the initial email. All Phone and Chat inquiries will be dealt with immediately, any responses for issues that can not be dealt with immediately will be responded to within 24hrs.

Features & Functionality

Passwords

The member who created the Draco One Media LTD account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Draco One Media LTD account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Draco One Media LTD Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last four digits of their credit or debit card associated with their account, or their email address.

BY SHARING THE Draco One Media LTD SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

Parental Controls

Please note however, the Draco One Media LTD service is not directed at collecting information from children under the age of 18, nor is it intended to be used by a child without involvement and oversight from a parent. Therefore, if an Account Owner sets parental controls, the Account Owner should not reveal the account password to the child.

Account Access; Identity Protection

You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Draco One Media LTD ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or Draco One Media LTD ready device, you should log out and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information.

If you find that you're a victim of identity theft, and it involves a Draco One Media LTD account, you should notify customer service. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the Draco One Media LTD websites and not through a hyperlink in an email, even if it looks official. Draco One Media LTD reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Draco One Media LTD is not obligated to credit or discount a membership for holds placed on the account by either a representative of Draco One Media LTD or by the automated processes of 5s.

Disclaimers of Warranties and Limitations on Liability

THE Draco One Media LTD SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Draco One Media LTD SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE Draco One Media LTD SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. Draco One Media LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Draco One Media LTD SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT Draco One Media LTD MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Draco One Media LTD SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. Draco One Media LTD SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, Draco One Media LTD READY DEVICES, AND Draco One Media LTD SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Draco One Media LTD service or on the Draco One Media LTD website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Draco One Media LTD service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Draco One Media LTD website, user interfaces, or otherwise through the Draco One Media LTD service; and (vii) any losses or damages arising from the use of the content provided on the Draco One Media LTD website, user interfaces, or otherwise through the Draco One Media LTD service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, Draco One Media LTD instant streaming discs or any conduct by users of the Draco One Media LTD service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on games from the Draco One Media LTD service or the descriptions of any game content contained on our website and user interfaces. We do not represent or guarantee that your use of the Draco One Media LTD service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Draco One Media LTD or its affiliated parties.

IN NO EVENT SHALL Draco One Media LTD, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE Draco One Media LTD SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE Draco One Media LTD SERVICE, INCLUDING ANY Draco One Media LTD INSTANT STREAMING DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE Draco One Media LTD SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Draco One Media LTD MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING Draco One Media LTD READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our service. Click here to view the Draco One Media LTD End User License Agreement.

Intellectual Property

Copyright

The Draco One Media LTD service, including all content included on the Draco One Media LTD website and user interfaces, or delivered to members as part of the service, including games you can play instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Draco One Media LTD or its suppliers and are protected by Canadian and international copyright laws or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Draco One Media LTD on our website and user interfaces, or in connection with the Draco One Media LTD service are the exclusive property of Draco One Media LTD and its licensors and are protected by the copyright and trade secret laws in the territories in which the Draco One Media LTD service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Draco One Media LTD or its suppliers. You agree to adhere to the restrictions set forth under "Draco One Media LTD streaming software" and "Limitations on Use." You agree not to decompile, reverse engineer or disassemble any software) or other products or processes accessible through the Draco One Media LTD service, not to insert any code or product or manipulate the content of the Draco One Media LTD service in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Draco One Media LTD reserves the right to terminate your membership here under if Draco One Media LTD, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the Draco One Media LTD software restrictions, copying of games provided to you by us, the or the copying or other unauthorized use of our proprietary content. Draco One Media LTD does not promote, foster or condone the copying of games or any other infringing activity. The use of the Draco One Media LTD service, including games made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Draco One Media LTD service, including any on the Draco One Media LTD website and user interfaces.

Please note Draco One Media LTD does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Draco One Media LTD. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Draco One Media LTD and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of games, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the Draco One Media LTD service, you consent to receiving electronic communications from Draco One Media LTD. These communications will include notices about your account (e.g., password change confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Draco One Media LTD and you receive them as part of the Draco One Media LTD membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service

If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service representative.

Limitations on Use

You must be 18 years of age or older to become a member of the Draco One Media LTD service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. While Draco One Media LTD does distribute products that may be played by children, we do not intentionally seek to collect information from individuals 18 years of age and younger. Unless otherwise specified, the Draco One Media LTD service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the Draco One Media LTD service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Draco One Media LTD service, without our express written consent. Draco One Media LTD does not promote, foster or condone the copying of games, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Draco One Media LTD service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Draco One Media LTD without our express written consent. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the Draco One Media LTD name or trademarks without our express written consent. Any unauthorized use of the Draco One Media LTD service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.

Links and Pages

Some of the hyperlinks on the Draco One Media LTD website may lead to other websites or other content that are not controlled by, or affiliated with, Draco One Media LTD. In addition, other websites may link to the Draco One Media LTD website or Draco One Media LTD may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Draco One Media LTD may include pages that display and provide information on Applications, Draco One Media LTD ready devices or other products. These pages may provide links to third party sites where Draco One Media LTD members may obtain or purchase such Applications and devices. Draco One Media LTD has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Draco One Media LTD is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications" and "How Our Services Work."

Claims of Copyright Infringement

It is the policy of Draco One Media LTD to respect the intellectual property rights of others. Draco One Media LTD does not promote, foster or condone the copying of games, or other digitally delivered content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material available through the Draco One Media LTD service, or know of someone who is making unauthorized use of the content available through the Draco One Media LTD service, please notify us at the address specified below of your concern by submitting a signed written notice containing all of the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;

(ii) Identification of the copyrighted work claimed to have been infringed;

(iii) Identification of the material available through the Draco One Media LTD service that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;

(v) 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

(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Draco One Media LTD Copyright Administrator for notice of claims of copyright infringement on this Site can be reached at [email protected].

Dispute Resolution and Governing Law

These Terms and Conditions of Use shall be governed by, and interpreted and enforced in accordance with, the laws of the Draco One Media LTD and the federal laws of the United Kingdom applicable therein. Any claim, dispute or controversy shall be brought before the competent courts of the United Kingdom, and the parties attorn to the jurisdiction of such courts. This provision shall survive the termination of your right to use this Site.

Language

You agree that these Terms and Conditions of Use, the Service and all communications with Draco One Media LTD shall be in the English language. / Vous confirmez que c'est votre volont? expresse que les Termes et conditions d'emploi, le Service et toute communication avec Draco One Media LTD soient en anglais.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between you and Draco One Media LTD with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto.

No Waiver

No failure by Draco One Media LTD or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms and Conditions of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.