Terms of Service

The policies on this page govern the use and navigation of this Youtube Channel.

TERMS OF USE

This Youtube Channel is an online information and communication service provided by Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment. Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. This Youtube Channel provides links to many other Web sites affiliated with Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment that may have Terms of Use Policies different from, or in addition to, the Terms of Use specified herein, particularly in the case of Web sites hosting third-party content or that allow postings by third-parties. By accessing such Web sites through links provided on this Youtube Channel, you agree to abide by each applicable Terms of Use policy as therein specified.

You agree that the Uploaded Videos you provide all solely owned by you.

You agree to the best of your ability that the Uploaded Videos you provide do not have a Computer Virus, malware or any other computer program that would interfere with the Youtube Channel or other users and subscribers use of this site.  You agree that the Uploaded Videos you provide do not have computer programs designed to obtain illegal information, such as other user’s personal information.

RELEASE

AUTHORIZATION TO REPRODUCE PHYSICAL LIKENESS

You hereby expressly grant to said Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment and to its employees, agents and assigns, the right to use my picture, silhouette and other reproductions of my physical likeness (as the same may appear in any still camera photograph and/or in the documentary film), and in connection with the exhibition, theatrically, on television, on video, on DVD or otherwise, of the documentary film in which the same may be used or incorporated, and also in the advertising, exploiting and/or publicizing of any such documentary film.  I further give the said companies the right to reproduce in any manner whatsoever any recordings made by said companies of my voice and all instrumental, musical, or other sound effects produced by me; and  I hereby acknowledge that I will not receive compensation from Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment and its employees, agents and assigns.

You hereby certify and represent that you have read the foregoing and fully understand the meaning and effect thereof and, intend to be legally bound.

TRADEMARKS, COPYRIGHTS and RESTRICTIONS

This site is controlled and operated by Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment, 7510 Sunset Blvd. Suite 523 Hollywood, CA 90046. The phone number is 323-850-9390.  All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment, its related companies or by other parties that have licensed their material to Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment. Material on this Youtube Channel, officialdarkgirlsmovie.com or any Web site owned, operated, licensed or controlled by Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment. Use of the materials on any other Web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment’s copyrights, trademarks and other proprietary rights, and is prohibited.

LINKS

This site may contain links to other Web sites (“Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment is not responsible for, and does not endorse, the content of any Linked Sites whether or not Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment is affiliated with the sponsors of a site. Visitors to any linked site are urged and expected to abide by the Terms of Use and Privacy Policies of that particular linked site.

Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment Youtube Channel, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment Youtube Channel without prior written consent of Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE MATERIALS ON DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT’S YOUTUBE CHANNEL ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT’S YOUTUBE CHANNEL WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT’S YOUTUBE CHANNEL IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT’S YOUTUBE CHANNEL IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU EXPRESSLY AGREE THAT USE OF DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT’S YOUTUBE CHANNEL IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT’S YOUTUBE CHANNEL ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS YOUTUBE CHANNEL OR ANY OTHER DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT’S WEB SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND NOT DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS YOUTUBE CHANNEL. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DUKE MEDIA/DUKE MEDIA FOUNDATION/THE BILL DUKE FOUNDATION/URBAN WINTER ENTERTAINMENT IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment, its subsidiaries and other affiliated companies, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use. Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment in asserting any available defenses.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment’s Youtube Channel are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment from its offices within the State of California, United States of America. Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment makes no representation that materials in Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment’s Youtube Channel are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment bring to enforce this agreement or, in connection with, any matters related to this Youtube Channel shall be brought only in either the state or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment.

PRIVACY

Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment is very respectful about the privacy concerns of the visitors to its sites and Youtube Channel on the Internet. As a general policy, no personal information is automatically collected from visitors to this Youtube Channel by Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment. E-mail addresses and other personally identifiable data about visitors to this site are known to Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment only when voluntarily submitted by the users Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment will only use personally identifiable data provided at this Youtube Channel for the purposes described at the time it is collected (for example, the e-mail addresses visitors provide in order to receive e-mail alerts will only be used for the purpose of sending these e-mail alerts). Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment sites, as well as any other third party sites linked to from this Web site, may each have different privacy policies and practices. You should carefully review these other Web sites’ privacy policies in order to determine how each site may use any personal information you provide.

A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY

On this Youtube Channel people under 18 may post and Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment makes a special effort to encourage those under 18 to consult with their parents before furnishing data. However, Duke Media/Duke Media Foundation/The Bill Duke Foundation/Urban Winter Entertainment believe that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a “kid-friendly” online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the “Consumer Assistance” page of the Direct Marketing Association home page (www.the-dma.org).

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