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DnM Video Productions Web Site
Agreement
The DnM Video Productions Web Site (the "Site") is an
online information service provided by DnM Video Productions ("DnM
Video Productions "), subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. DnM Video
Productions MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE
OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are DnM Video Productions, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You
may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to DnM Video Productions
a non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform
any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to DnM Video Productions by
all means and in any media now known or hereafter developed. You
also grant to DnM Video Productions the right to use your name
in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against DnM Video Productions for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to DnM Video Productions.
TRADEMARKS.
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or servicemarks of
DnM Video Productions. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by DnM Video Productions, DnM
Video Productionsdoes not operate, control or endorse any information,
products or services on the Internet in any way. Except for DnM
Video Productions- identified information, products or services,
all information, products and services offered through the Site
or on the Internet generally are offered by third parties, that
are not affiliated with DnM Video Productions a. You also understand
that DnM Video Productions cannot and does not guarantee or warrant
that files available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output,
and for maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. DnM Video Productions PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND DnM Video Productions SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. DnM Video Productions DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
DnM Video Productions HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL DnM Video Productions BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF
SUCH INFORMATION OR SERVICE. EVEN IF DnM Video Productions OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
DnM Video Productions LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
DnM Video Productions makes no representations whatsoever about
any other web site which you may access through this one or which
may link to this Site. When you access a non-DnM Video Productions
web site, please understand that it is independent from DnM Video
Productions, and that DnM Video Productions has no control over
the content on that web site. In addition, a link to a DnM Video
Productions web site does not mean that DnM Video Productions endorses
or accepts any responsibility for the content, or the use, of such
web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless DnM Video Productions,
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 this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of DnM Video Productions and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of Australia applicable to agreements made and to
be performed in Australia. You agree that any legal action or proceeding
between DnM Video Productions and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in Australia . Any cause of action or claim you may have
with respect to the Service must be commenced within one (1) year
after the claim or cause of action arises or such claim or cause
of action is barred. DnM Video Productions's failure to insist upon
or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall
act to modify any provision of this Agreement. DnM Video Productions
may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Any rights not expressly granted herein are reserved.
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Prepared for: DnM Video Productions ,All rights reserved.
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