Play – Stream – Get Paid
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This agreement is made between Dingit.tv Limited, a company incorporated and registered in England and Wales with company number 10191770 whose registered office is at 8 Percy Street, London W1T 1DJ (Licensor) and the entity or individual authorized by the Licensor to use the Dingit Player and Content (as defined below) (Licensee), and governs the Licensee’s use of the Dingit Player and Content.
The definitions in this clause apply in this agreement.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Confidential Information: any information (including, without limitation, in written, oral, visual or electronic form, or on tape or disk) which is not publicly available including, but not limited to, any information specifically designated by the disclosing party as confidential; any information supplied to the disclosing party by any third party in relation to which a duty of confidentiality is owed or arises; and any other information which should otherwise be reasonably regarded as possessing a quality of confidence. This includes know-how and information about design, development, specifications, manuals, instructions, customer lists, sales, marketing, promotion, distribution, business plans, forecasts, and technical or other expertise.
Content: all content including text, information, data, software, executable code, images, audio, or video material in any medium or form provided at any time by the Licensor to the Licensee. Content licenced under this agreement is archival/non-recent.
Dingit Player: a desktop application that allows publishers to stream live video and upload VOD files. Encoding can be carried out on the local machine, removing the need for hosted transcoding farms. The Dingit Player also allows publishers to trigger custom events (such as an ad break), which are exactly synchronised to the source video and surfaced to the video player at the point of playback. Publishers can also manage input sources, apply filters, customise quality and transition between multiple scenes.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in getup, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
2.1 The Licensor hereby grants to the Licensee a non-transferable, non-exclusive
licence to use the Dingit Player and Content for the term of this agreement.
2.2 The licence granted to the Licensee is strictly limited to, and the Licensee shall use the Dingit Player and Content solely for, the purpose of displaying the Content on the Licensee’s website(s).
2.3 The Licensee shall not grant sub-licences, in whole or in part, of any of the rights granted under this agreement, or sub-contract any aspects of exploitation of the rights licensed to it, without the Licensor’s prior written consent.
2.4 The Licensor may require the removal of, or editorial revisions to, any of the Content licensed to the Licensee under this agreement at any time. The Licensee agrees to effect that removal or editorial revisions within 24 hours of receipt of the request.
3.1 The Licensee may not change, amend or develop the Content in any way
without the Licensor’s prior written consent.
3.2 The Licensee shall comply with all applicable laws in performing its obligations and exercising its rights under this agreement.
3.3 The Licensee shall ensure that the Content is kept secure and in an encrypted form, and shall use the best available practices and systems to prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display or distribution of the Content.
3.4 If the Licensee becomes aware of any misuse of any Content, or any security breach in connection with this agreement that could compromise the security or integrity of the Dingit Player or Content or otherwise adversely affect the Licensor, the Licensee shall, at the Licensee’s expense, promptly notify the Licensor and fully co-operate with the Licensor to remedy the issue as soon as reasonably practicable. The Licensor may suspend the Licensee’s rights under this agreement until the misuse or security breach is remedied.
The Licensor retains ownership of all Intellectual Property Rights in the Dingit Player and the Content.
5.1 The Licensee undertakes to deliver traffic to the Dingit Player equivalent to at least 30% of the total traffic generated by the Licensee’s website(s) as recorded on alexa.com, in each calendar month. The traffic sent by the Licensee must be organic in nature, that is it must emanate either from Google search or referral sites approved by the Licensor.
5.2 Within 30 days of the Licensor’s request, the Licensee shall deliver to the Licensor a written statement detailing: (a) the traffic generated by the Licensee’s website(s) as recorded on alexa.com; (b) the traffic delivered to the Dingit Player by the Licensee; and (c) any other particulars the Licensor may require.
6.1 Each party shall promptly notify the other of any actual or suspected infringement of the Content or the Dingit Player that comes to its attention (Infringement).
6.2 The Licensee shall co-operate fully with the Licensor by taking all steps required by the Licensor (in its sole discretion) in connection with any Infringement, including, without limitation, legal proceedings in the name of the Licensor or in the joint names of the parties. The Licensor shall be responsible for the cost of any legal proceedings it requires, and is entitled to any damages, account of profits and/or awards of costs recovered. The Licensee shall use its best endeavours to assist the Licensor in any legal proceedings relating to any Infringement.
7.1 Without affecting any other right or remedy available to it, the Licensor may terminate this agreement with immediate effect by giving notice to the Licensee: (a) if the Licensee fails to deliver the minimum traffic as set out in clause 5.1; or (b) if the Licensee commits a material breach of any other term of this agreement; or (c) if the Licensee challenges or disputes the Licensor’s ownership of, or rights in, the Dingit Player or Content, or the validity of those rights. The Licensor may also terminate this agreement for convenience by giving 30 days’ notice to the Licensee.
7.2 On any expiration or termination of this agreement (a) all rights and authorisations granted by the Licensor to the Licensee under this agreement shall automatically terminate and immediately revert to the Licensor; and (b) the Licensee shall immediately cease all use of the Dingit Player and Content and shall immediately return to the Licensor all Content in the Licensee’s possession or subject to its control including from back-up systems and any cached Content within the Licensee’s control.
8.1 Save where expressly provided, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.
8.2 Nothing in this licence shall operate to exclude or limit the Licensor’s liability for: (a) death or personal injury caused by its negligence; (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law.
8.3 The Licensor shall have no liability for any losses or damages which may be suffered by the Licensee (or any person claiming under or through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories: (a) loss of use; (b) loss of profits; (c) loss of anticipated savings; (d) loss of business opportunity; (e) loss of contracts; (f) loss of goodwill; or (g) loss arising from damaged, corrupted or lost data.
8.4 Subject to Clause 8.2, the Licensor’s liability, whether in contract, tort (including negligence), or otherwise and whether in connection with this licence or any collateral contract, shall not exceed £500.
No one other than a party to this agreement shall have any right to enforce any of its terms.
10.1 The Licensee shall not assign, transfer, mortgage, charge, subcontract, sublicense, declare a trust over or deal in any manner with this agreement or any of its rights and obligations under this agreement without the prior written consent of the Licensor.
10.2 The Licensor may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under this agreement.
10.3 The Licensor may subcontract or delegate in any manner any or all of its obligations under this agreement to any third party.
10.4 The Licensee shall, at the Licensor’s request, execute any agreements or other instruments (including any supplement or amendment to this agreement) which may be required in order to give effect to or perfect any assignment, transfer, mortgage, charge or other dealing referred to in clause 10.2.
10.5 The Licensor may, after having given prior written notice to the Licensee, assign its rights under this agreement to any person to which it transfers that part of its business to which this agreement relates, provided that the assignee undertakes in writing to the Licensee to be bound by the Licensor’s obligations under this agreement.
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or nonperformance continues for one week or more, the party not affected may terminate this agreement by giving 5 days’ written notice to the affected party.
12.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
12.2 If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
13.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
13.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
14.1 Each party undertakes that it shall not at any time during this agreement, and for a period of five years after the expiry or termination of this agreement, disclose to any person any Confidential Information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, nor any of the terms of this agreement, except as permitted by clause 14.2.
14.2 Each party may disclose the other party’s Confidential Information (a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall procure that its employees, officers, representatives or advisers to whom it discloses the other party’s Confidential information comply with the obligations set out in this clause 14.2 as if they were a party to this agreement; and (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
14.3 No party shall use any other party’s Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
15.1 Any notice given to a party under or in connection with this agreement shall be in writing and shall be (a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or (b) sent by email to an address previously provided by one party to another.
15.2 Any notice shall be deemed to have been received (a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; or (c) if sent by email, at 9.00 am on the next Business Day after transmission.
15.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Without prejudice to any other rights or remedies that the Licensor may have, the Licensee acknowledges and agrees that damages alone would not be an adequate remedy for any breach of the terms of this agreement by the Licensee. Accordingly, the Licensor shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this agreement.
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
DingIt is a live streaming broadcast site for professional and aspiring gamers. Our patented keyboard simulation, Click Pro, shows actual button actions of the gamer in real time, giving the fan an unprecedented level of visibility into how the best gamers play. Our new broadcast app supports the highest resolution and bit rates of any live streaming site on the web, with minimal skips, sync errors or delays. DingIt provides an environment for viewers to become better gamers, and for gamers to earn real income while they are building a fan base.
DingIt was developed by OC Shield Ltd. (ocshield.com), an enterprise technology provider based in Europe. OC Shield’s solutions include: IP Transit Services for ISPs, Enterprise and Personal Security, Cloud Security solutions, ISP Integrity applications, Authentication and Verification solutions, and Internet Optimization solutions. Utilizing Network as a platform, OC Shield develops and publishes software solutions for PC, Android, iOS and IPTV devices all networked via the OC Shield platform or in conjunction with OC Shield partners.
Brands include: OC Shield Enterprise, MediShield, DataGard, LiquidStream, OC Shield CDN and VerifyFake. Both our management and development teams are composed of seasoned professionals who have run enterprise-grade networks and operated businesses in the server networks, Subscriber Management Systems, Set top box manufacturing and IPTV networks.
OC Shield financed the development and launch of Dingit.tv and spun it off as an independent company – DingMedia Ltd. In addition to OC Shield financing, DingMedia is set to complete its First Round of funding.
Welcome to the game video management and streaming platform operated by DingMedia Ltd. (“ DingIt ”) consisting of the web site available at the URL http://www.DingIt.tv and all related services, software applications and networks that allow for the authorized streaming and distribution of game video content over the internet (the “ DingIt Service ”). The DingIt Service also includes any other sites or services that link to these terms of service (the “Terms of Service”). Other services offered by DingIt may be subject to separate terms.
The following Terms of Service for the DingIt Service is a legal contract between you, an individual user of at least 13 years of age (see section below about minors using DingIt) or a single entity (“you”), and DingIt regarding your use of the DingIt Service.
DingIt may offer certain additional services for which you can agree to pay fees to DingIt. The applicable terms will be made available on the applicable DingIt web page and will supplement these Terms of Service. If you register and/or use any such paid fee services, you will be asked to agree to and comply with the DingIt Terms of Sale. The DingIt Terms of Sale is hereby incorporated by reference.
PLEASE READ THESE TERMS OF SERVICE AND EULA CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE DINGIT SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE DINGIT SERVICE.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH DINGIT ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF SERVICE; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS OF SERVICE, AND (IV) AGREE TO THESE TERMS OF SERVICE ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
Changes to the fair usage policies and/or Additional Terms will be posted on the applicable DingIt Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or DingIt Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with DingIt in accordance with paragraph 9 below.
The DingIt Service is owned and operated by DingIt. Unless otherwise indicated, all Content and other materials on the DingIt Services, including, without limitation, DingIt's logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “ Materials ”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). All Materials contained on the DingIt Service are the proprietary property of DingIt or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to DingIt or its affiliates and/or third-party licensors. DingIt reserves all rights not expressly granted in these Terms of Service.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable laws around the world, DingIt has adopted a policy that it will promptly terminate without notice any user’s access to the DingIt Service if that user is determined by DingIt to be a “repeat infringer.” A repeat infringer includes, without limitation a user who has been notified by DingIt of infringing activity violations more than twice and/or who has had their Broadcaster Content or any other user-submitted content removed from the DingIt Service more than twice. DingIt may also at our sole discretion limit access to the DingIt Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, DingIt accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
and (ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
You may not submit or publish through the DingIt Website or Software any User Submissions that are libelous, defamatory, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the DingIt Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the DingIt Website or Software or features that prevent or restrict the use of any content thereof.
DingIt allows certain users (“Broadcaster”) to distribute streaming live and pre-recorded videos of video game related activities.
If you sign up for an account as a Broadcaster, subject to your compliance with these Terms of Service, DingIt hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the DingIt Service for the uploading and distributing of authorized digital content, including videos (“ Broadcaster Content”).
Unless otherwise agreed to in a written agreement between you and DingIt that was signed by an authorized representative of DingIt:
You are solely responsible for your Broadcaster Content and the consequences of posting or publishing it. By uploading and publishing your Broadcaster Content, you represent, and warrant that: (1) you are the creator and owner of the Broadcaster Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Broadcaster Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; (3) your Broadcaster Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; (4) unless you have received prior written authorization, your Broadcaster Content specifically does not contain any prerelease or non-public beta software or game content or any confidential information of DingIt or third parties; (5) in relation to Broadcaster Content that is not suitable for certain age groups you will (a) alert viewers that your channel contains such content and (b) operate an age gate to ensure that such content is viewed only by appropriate age groups. DingIt reserves all rights and remedies against any Broadcasters who breach these representations and warranties. Furthermore DingIt reserves the right, at its sole discretion, to terminate a stream if it considers any Broadcaster Content to be unsuitable for a gaming website.
DingIt uses reasonable security measures in order to attempt to protect Broadcaster Content. However DingIt cannot guarantee that there will be no unauthorized copying or distribution of Broadcaster Content nor will DingIt be liable for any copying or usage of the Broadcaster Content not authorized by DingIt. You hereby release and forever waive any claims you may have against DingIt for any such unauthorized copying or usage of the Broadcaster Content, under any theory. THE SECURITY MEASURES TO PROTECT BROADCASTER CONTENT USED BY DINGIT HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Unless expressly permitted in writing by DingIt, you may not sell, rent, lease, share or provide access to your Broadcaster account to any third party, including without limitation charging any remuneration (e.g. money) to any third party for access to administrative rights on your Broadcaster account. DingIt reserves all available legal rights and remedies to prevent unauthorized use of the DingIt Service, including, but not limited to, technological barriers, IP mapping, and in serious cases directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Broadcasters may promote, administer or conduct a promotion on, through or utilizing DingIt (a “Promotion”). If you are a Broadcaster and you choose to promote, administer or conduct a Promotion, you must follow the following rules:
The DingIt Services may include interactive areas or services (“ Interactive Areas ”), such as chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the DingIt Services (“ User Content ” and collectively with Broadcaster Content, “ Content ”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. BY USING THE DINGIT SERVICE, INCLUDING THE INTERACTIVE AREAS, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the DingIt Service. You agree that you will abide by these Terms of Service.
You agree that you will comply with these Terms of Service and will not:
If you submit or post User Content to the DingIt Service you grant DingIt a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant DingIt and our sublicenses the right to use the name that you submit in connection with such content, if we or they choose.
By submitting or posting User Content to the DingIt Service, you agree that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the DingIt Service; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting of that User Content in connection with the DingIt Service, does not and will not violate these Terms of Service or any applicable law, rule or regulation in your country or elsewhere
Account and Password.
You may wish to open a DingIt account with us for a number of reasons, including a more personalized DingIt experience or to upload and/or download or purchase content or any products, services, or information from DingIt.
Once you have a DingIt account you can purchase products and services (including subscriptions) via DingIt.
While DingIt uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to DingIt on registration and at all other times information which will be true, accurate, current, complete and kept up to date to the best of your ability.
If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify DingIt at legal@DingIt.tv.
The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
You agree to indemnify, defend, and hold harmless DingIt, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the DingIt Service, any Content you post, store or otherwise transmit in or through the DingIt Service, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. DingIt reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DingIt, and you agree to cooperate with DingIt’s defense of these claims. DingIt will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. If you are a Broadcaster, the forgoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Broadcaster Content.
No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND DINGITWEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; DINGITDOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR DINGITWEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. DINGITFURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR DINGITWEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES DINGITWARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF MEDIA DISTRIBUTION MADE THROUGH THE SOFTWARE. DINGIT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE DINGIT SERVICE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DINGIT OR THROUGH THE DINGIT SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 17, THE TERM “DINGIT” INCLUDES DINGIT’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
YOU ACKNOWLEDGE AND AGREE THAT DINGIT HAS OFFERED THE DINGIT SERVICES, BROADCASTER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DINGIT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DINGIT. DINGIT WOULD NOT BE ABLE TO PROVIDE THE DINGIT SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DINGIT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DINGIT.
You and DingIt agree to arbitrate any dispute arising from these Terms of Service or your use of the DingIt Service, except that you and DingIt are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and DingIt agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to DingIt shall be sent to DingMedia Ltd., Prinsenhil 29, 4825 AX Breda, The Netherlands. You and DingIt further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in London, United Kingdom; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of ICC; and that the courts of London, England shall have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the United Kingdom and applicable English law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and DingIt will not commence against the other a class action, class arbitration or other representative action or proceeding.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
If you are a consumer resident in the European Union and you disagree with the above, we encourage you contact us as soon as possible after you start using the DingIt Service at legal@DingIt.tv since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances).
The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
YOU AND DINGIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DINGIT SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT OR AGREE BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR DINGITWEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO DINGITTHE RIGHTS SET FORTH HEREIN.
DingIt is a live gaming platform specializing in the fastest growing content in the world: eSport events. In the short period since its launch, DingIt.tv’s audience has grown to over 100k unique viewers, supports 200 gaming broadcasters and one live eSport event per day. Over the next six months, DingIt’s eSport channel will provide 120 live eSport events monthly and become the first live 24x7 eSport channel online.Live eSports Opportunities
eSPorts and gaming broadcasting is exploding in popularity. With the League of Legends World Championships garnering an astonishing 72M viewers, these streamed events are boasting numbers that rival traditional sports. Users will watch 16 billion minutes of live streaming this month on Twitch alone. Game platforms are more successful at reaching 18-34 males than even the most popular television programs. In the U.S., Twitch.tv (a competitive platform) reaches some 15% more of this audience than the popular “Walking Dead” series. Viewers are making a significant shift in their viewing patterns. DingIt is on the cusp of this curve.18-34 Males Are on DingIt…
Dingit’s audience is 90% male with 76% between the ages of 18-49. 15% are boomers, 40% Generation X, and 45% Millennials with the majority living in the U.S. DingIt’s audience also includes the desirable Western European demographics (Germany, The Nordics, France), but also a large audience from key English speaking regions (the UK, Canada and Australia). This audience flocks to DingIt’s native (and exclusive) eSport events to watch 20+ hours a week of gaming with ad completion rates of 85% or more.And They Are Engaged
Gamers are social. An average eSport event lasts 240 minutes and 80% of the viewers are engaged for the entire event where they chat with friends, gamers and broadcasters as well as watch the event. According to a recent survey, gamers are more social, educated, successful and family oriented than non-gamers. They watch more live streaming and use the latest tech to consume content and connect to their friends and peers. Gamers tune into live gaming 5x more often than they do to TV and these preferences reflect the tidal wave that is remaking the media environment. Gamers’ tastes are the future of media.Broadcast T.V.-like Ad Viewing Experience
DingIt’s unique proprietary technology provide viewers with a TV like linear ad experience. Ads are inserted during organic breaks between eSport events. Viewers cannot skip ads and are engaged throughout the ad break period guaranteeing a high ad completion rate.Our Inventory
Video products include Cross Screen and Desktop videos with Companion ads for: live eSport events during natural breaks (mid rolls), standard broadcast events (pre-roll, mid-roll, post-roll) and VOD (pre-roll, mid-roll, post-roll).
Display products in various sizes as well as Newsletter and Blog content spots are available.
If you are a journalist, blogger (amatuer or professional), writer, outlet, etc. and would like to contact us about a story, please email press “at” dingit.tv. Please provide the name of your outlet and give us some details about your inquiry in the email. We will get back to you within one to two business days.
If you’re a member of the press and would like to request information about DingIt, please CONTACT US.
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