Upon payment of the total Equipment price including sales tax in full, the Equipment will become the property of Subscriber. To secure payment for monthly service fees hereunder, Subscriber hereby grants to DRM Productions Inc. a security interest in the Equipment and agrees that if Subscriber fails to make payment of the monthly service fees or Equipment price, DRM Productions Inc. may, after notice if required by State law, enter the premises of Subscriber and remove Equipment. DRM Productions Inc. will have no obligation to repair or redecorate Subscriber premises after removal, for any reason.
DRM Productions Inc. agrees to repair or replace the Retriever Player, free of any cost, for a period of 3 years from sale, which upon DRM Productions Inc.’s inspection proves to be defective. All other equipment purchased will carry the standard manufacturers warranty and problems will be directed to that manufacture. Subscriber agrees to pay DRM Productions Inc. or its authorized Dealer’s standard labor and equipment prices for all other repairs and/or service. This warranty does not cover any damage to equipment caused by accident, vandalism, flood, water, lightning, fire, intrusion, abuse, misuse, and act of God, any casualty, including electricity, attempted unauthorized repair service, modification or improper installation by anyone other than DRM Productions Inc. or its authorized Dealer, and any other cause beyond the control of DRM Productions Inc. Except as set forth herein, DRM Productions Inc. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, AND DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY. SUBSCRIBER AGREES THAT NO OTHER REPRESENTATIONS WERE MADE TO SUBSCRIBER AND RELIED UPON BY SUBSCRIBER WITH RESPECT TO THE QUALITY AND FUNCTION OF THE EQUIPMENT. DRM Productions Inc. acknowledges that the Equipment sold is as requested and is suitable to Subscriber’s purpose, and unless defects or omissions are called to DRM Productions Inc.’s attention, in writing, within five (5) days after delivery, Subscriber accepts the Equipment as is.
Use of Software
By using this software, users are agreeing to be bound by the YouTube Terms of Service.
Subscriber hereby releases, discharges and agrees to hold DRM Productions Inc. harmless from any and all claims, liabilities, damages, losses or expenses, arising from or caused by any hazard covered by insurance in or on the premises of Subscriber, whether said claim is made by Subscriber, his agents or insurance DRM Productions Inc., or from any other parties claiming under or through Subscriber. Subscriber agrees to indemnify DRM Productions Inc. against any action for subrogation which may be brought against DRM Productions Inc. by any insurer or insurance DRM Productions Inc. or its agents or assigns, including the payment of all damages, expenses, costs and attorney’s fees.
Subscriber agrees to indemnify, defend and hold harmless DRM Productions Inc., its successors and assigns, from any loss, cost or expense on account of any claim for damages by any person not a party to this agreement including Subscriber’s insurance DRM Productions Inc., on account of any claim for destruction, damage or injury to any person or property arising out of or in connection with the operation or non-operation of the equipment whether these claims be based upon alleged intentional conduct, active or passive negligence, or strict or product liability on the part of DRM Productions Inc., its agents, servants or employees.
None of the Subscriber’s rights or responsibilities under this Agreement may be assigned to any other person or entity unless Subscriber receives DRM Productions Inc.’s written consent to such assignment, which DRM Productions Inc. shall be under no obligation to grant. DRM Productions Inc. may, at its sole option and without the consent of Subscriber, assign some or all of its rights and assign or delegate some or all of its obligations under this Agreement. Subscriber agrees that if it sells or leases the premises on which the Equipment has been installed, Subscriber shall immediately notify DRM Productions Inc., although such notification shall not relieve Subscriber of Subscriber’s responsibilities under this agreement.
This contract is subject to contingencies of causes beyond the control of DRM Productions Inc., including but not limited to legislation of any kind, acts, demands, order or regulations of any governmental authority and is also subject to acts of God, fires, floods, strikes, labor difficulties, inability to secure transportation, unusual market conditions, accidents or acts of military authority.
Except as specifically set forth herein, neither DRM Productions Inc. nor its Dealer shall be obligated to provide service of any type on the equipment installed for the benefit of the Subscriber. If the Subscriber wishes the equipment to be serviced by DRM Productions Inc., such an agreement shall be separately negotiated by the parties.
Obligations of subscriber
As a part of, and in addition to, the other obligations set forth herein, Subscriber agrees to the following terms subject to the limitations and restrictions set forth herein. Subscriber agrees that the equipment will not be tampered with, removed, dislocated, misused or abused. Subscriber acknowledges that an adequate internet connection is necessary to access the web-based digital signage interface and to receive and manage content. Subscriber agrees to maintain such connection and be responsible for all associated costs of service and connection.
Taxes and other charges
Subscriber shall pay any and all permit license fees, sales, use, gross receipts, excise or business taxes, personal property taxes or assessments and all other governmental charges whatsoever, to whomsoever payable, which may be imposed upon or related to the sale of the Equipment at Subscriber’s premises or the rendering of subscription services during the term of this Agreement.
Increases in charges
DRM Productions Inc. has the right to increase subscription charges any time after the first year of this Agreement. If Subscriber gives DRM Productions Inc. a written objection to the increase within 30 days of receipt of notice of the increase, and DRM Productions Inc. does not waive the increase, then Subscriber may terminate this Agreement effective 30 days after our receipt of written notice of objection.
Default by subscriber
Subscriber agrees that if it defaults in the performance of any of its obligations hereunder, all of the remaining subscription fees payable under this Agreement shall become immediately due and payable, without presentment, demand, protest or notice (except as required by State law), all of which are hereby expressly waived by Subscriber. In addition, if any payment hereunder is more than 15 days past due, Subscriber will pay a late fee of $15.00. If any payment made by credit/debit card, check or ACH authorization is not paid or is dishonored, Subscriber will pay a fee of $45.00, except where prohibited by law. Upon any default, DRM Productions Inc. may deactivate the services provided herein; any subsequent reinstatement shall be subject to payment by Subscriber of DRM Productions Inc.’s usual reactivation fee. In the event any payment not under dispute should become 60 days overdue, the following remedy shall be instituted in addition to but not to the exclusion of those stated above: DRM Productions Inc. shall have the right, without any court order or process of law, to enter the premises for the purpose of removing the equipment. The DRM Productions Inc. shall not be responsible to repair any damage to the premises made necessary through removal of equipment due to non-payment.
Attorneys fees and costs
In connection with any litigation arising out of this Agreement, except to the extent prohibited by State law, DRM Productions Inc., should it prevail, shall be entitled to recover, in addition to all other amounts, its reasonable attorneys fees and cost incurred in connection with such litigation. This Agreement shall be construed in accordance with the internal laws of the State of Ohio. Any part of this Agreement contrary to such laws shall not invalidate other parts of this Agreement.
Changes in standards and regulations of regulatory agencies
DRM Productions Inc. shall not be responsible nor liable for any costs or changes necessitated by changes in the regulations and standards of any and all regulatory agencies after the date of execution of this agreement. Subscriber shall be responsible for and shall pay to DRM Productions Inc. the cost of any additions, corrections or changes to the equipment that may be requested or required after the execution of this agreement. Subscriber acknowledges that it is its responsibility to bring to the attention of DRM Productions Inc. any rules, regulations, standards or codes of which Subscriber may be aware and with which the equipment must comply.
Subscriber acknowledges that he or she has read and clearly understood the terms of this Agreement. This Agreement represents the final and entire agreement between Subscriber and DRM Productions Inc. which may not be amended except as provided herein. This Agreement shall not become binding upon DRM Productions Inc. until approved by an officer or manager of DRM Productions Inc..
Equipment (Retriever player only) may be returned within 30 days of signed agreement for a full refund provided said equipment has not been damaged in any way. Subscriber shall incur all shipping costs associated with the return and will include all components of what was originally purchased.