Digital Perception Inc.

TERMS AND CONDITIONS OF USE

 

  1. GENERAL NOTICE

    The information on this Digital Perception Inc. (DPI) web site, as well as on all other DPI-related web sites linked to this web site is subject to notices of ownership of intellectual property, disclaimers and other terms and conditions of use, as hereinafter more fully elaborated. "DPI-related web sites" means and includes all other web sites linked to the DPI web site and that are owned or controlled by DPI but does not include other independent web sites over which DPI does not control or seek to control, nor endorse the content thereof.

     

  2. COPYRIGHT NOTICE

    Copyright Digital Perception Inc. All Rights Reserved. Except for content in the public domain, all materials on this DPI web site and DPI-related web sites are protected by the federal copyright laws of United States and Canada and also under the Treaty provisions and worldwide copyright laws as enunciated in the Berne Convention, The Universal Copyright Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights, including Trade in Counterfeit Goods ("TRIPS") to each of which both United States and Canada have acceded. No part of the materials on this web site or any DPI-related web site may be reproduced, copied, published, stored, transmitted or distributed in any form or by any means electronic, mechanical, photocopying recording or otherwise without the prior express permission of DPI.

    All photography, artwork, images, graphics, icons, as well as all text and the selection and arrangement of the contents of the text, within this DPI web site or any DPI-related web site are the copyrighted property of DPI. They are provided for your enjoyment and are not available for any other purpose whatsoever such as, by way of example only and without limitation thereto, the posting to other web sites, news groups or chat rooms. The foregoing materials are provided for the exclusive pleasure of our members representing a substantial investment of money and have been created by the highest level of craftsmanship in the industry.

     

  3. INFRINGEMENT NOTICE
    Infringement, piracy, passing-off or other unfairly competitive practices or abuses of DPI's Intellectual Property constitute serious violation of the rights of DPI and, where encountered, shall be met with diligent and decisive legal action on the part of DPI through civil legal proceedings and/or the laying of criminal charges.

     

  4. LIMITED LICENSE

    DPI provides the materials on this web site or on any other DPI-related web sites for the personal, noncommercial use by viewers, fans, visitors, customers, subscribers and potential subscribers. Users of such materials are granted a single-copy license to download (on a single computer only), or print one copy of any of the information made available for downloading found on the DPI web site or any of the DPI-related web sites, for personal, noncommercial use only. DPI reserves the right to limit the amount of materials downloaded.

    Commercial use of any material located on this site or any DPI-related site is strictly prohibited. In addition, such users may not: (i) modify any of the materials found in any area of this web site or any DPI-related web site; (ii) use of any of the materials found in any area of this web site or any DPI-related web site, for any public display, performance, sale or rental; (iii) remove, modify or alter any legal notices of trademark, copyright or other proprietary claims of ownership found in any area of the present web site or in any DPI-related web site; or (iv) otherwise transfer any material located in this site or any DPI-related site to any other person or entity. DPI reserves the right to terminate this license at any time where it determines that a breach or violation of any of the provisions hereof has taken place, in which case the person responsible for such breach or violation shall be obliged to immediately destroy any information or materials downloaded, printed or otherwise copied from the present web site or any DPI-related web site.

     

  5. CUSTODIAN OF RECORDS

All persons who appear in any visual depiction contained in DPI's web site or any DPI-related web site were 18 years of age or older at the time of the creation of such depictions and provided proof of age as required by law. All such visual depictions comply with all laws, regulations and ordinances including, without limitation, Section 2257 of Title 18 of the United States Code and Section 28 of the U.S. Code of Federal Regulations with respect to visual depictions of actually sexually explicit conduct are kept by the custodian of records, Carol Cox, who can be reached at carol@carolcox.com or at her business address: 233 LeBrosse , Pointe-Claire, Quebec H9R 1A3 and that all records in connection therewith are available for inspection at the offices of Digital Perception Inc. at the above address by appropriate lawful authorities, during normal business hours.

 

7. AGE AND LEGAL ACCESS CERTIFICATION

By subscribing to the present web site or any DPI-related web site, you hereby expressly declare: (i) that you are 18 years of age or older; (ii) that you are familiar with all local laws in your area affecting your legal right to access erotic or adult-oriented materials; (iii) that you have the legal right to access adult-oriented materials and DPI Productions Inc. has the legal right to transmit them to you; (iv) that you are requesting adult oriented materials for your own private enjoyment and that you will never share these materials with a minor or in any way make these materials available to a minor.

 

8. REPRESENTATIONS & WARRANTIES

The subscriber for membership to a DPI web site warrants and covenants that materials submitted through the member=s account or DPI's use thereof shall not: (i) constitute false or misleading indications of origin or statements of fact; (ii) slander, liable or defame any person or entity; (iii) cause injury of any kind to any person or entity; (iv) violate or infringe upon the rights of any third Party, including copyright, trademark, privacy or publicity, moral rights or other proprietary rights; (v) violate any applicable laws, rules or regulations. The member hereby moreover indemnifies and holds DPI (including its Officers, Directors, Affiliates, Agents, Information Providers) harmless from and against any and all liability and costs incurred in connection with any claim arising out of any breach by the member or any user of the member=s account or the foregoing representations, warranties and covenants, including without limitation, reasonable Attorneys fees. Member hereby expressly undertakes to cooperate as fully as reasonably required in the defense of any claim provided that DPI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the member.

 

9. DISCLAIMER - INDEPENDENT WEB SITES

The present web site or any DPI-related web site may contain links to other independent web sites. These links to other independent web sites are provided as references to help you identify and locate other Internet resources that may be of comparable interest. These other independent web sites were developed independently of DPI or any person or corporation under the control of DPI; as a consequence, DPI hereby expressly disclaims responsibility for the accuracy, appropriateness or legality of the information contained on any linked independent web sites or any link contained therein. In providing linkage to such other independent web sites, DPI is providing access and 'connectivity' only and is in no way acting as a publisher or disseminator of the material contained on those other independent web sites, nor does it endorse, control or seek to control the content of or to maintain any type of editorial control over such independent web sites.

 

10. DISCLAIMER - DPI WEB SITE AND DPI-RELATED WEB SITES

The materials on the DPI web site or any DPI-related web site are provided "as is" without any express or implied warranty of any kind including, without limitation, merchantability, non-infringement of intellectual property, or fitness for a particular purpose. DPI offers no assurance of uninterrupted or error-free service and DPI does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the DPI web site or any DPI-related web site. DPI may change any of the information found on the DPI web site or any DPI-related web site at any time without notice. With the exception only of jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, DPI shall not be liable for any damages whatsoever (including, without limitation, damages for loss or profits, business interruption, loss of information) arising out of the use or inability to use the material or information available on the DPI web site or any DPI-related web site, even if DPI has been advised of such damages.

 

  1. ACCEPTABLE USE OF CHAT

A portion of the DPI web site and/or portions of any DPI-related web sites may be maintained for "chat" entertainment purposes. Although DPI is unable to control third party content on this portion of the DPI web site or any such portion of DPI related web sites, it shall be DPI's policy to prohibit visitors from posting infringing, defamatory, libelous or other unlawful material and DPI reserves the right to monitor and delete any postings deemed inconsistent with the policy described above. Notwithstanding the foregoing, DPI hereby gives notice that it does not edit or prescreen content that appears in chat areas and disclaims any liability with respect to content in the chat areas on the DPI web site or any DPI-related web site.

 

  1. PRIVACY POLICY

Membership in this web site requires disclosure of your name, address, credit card number (with expiration date), birth date, e-mail, username and password. Your participation in special events such as contests and polls, may require your providing all or a portion of the foregoing. When users request pages from our server, our Web server automatically collects some information about the users, including their 'Internet Provider' addresses. If you elect to post bulletin board messages on this site, information you disclose will be maintained on the bulletin board. Personal correspondence, such as private e-mail's or letters, may be retained in a file specific to you. DPI shall maintain a record of all notes of communications with you concerning your account.

DPI shall not distribute, sell or rent to others any information received from you designated 'personal and confidential', without your express authorization, other than as deemed necessary to process credit card payments, to facilitate your viewing of this web site and to communicate with you.

We use your information solely in order to process your credit card payment, to facilitate your viewing of our web site and to communicate with you. DPI reserves the right to use such information in the compilation of broad demographic and web site usage statistics provided that there shall be no reference to the personal origins of such information.

DPI reserves the right to communicate to you via your e-mail address in the transmission of periodic newsletters and promotional materials concerning the services and products offered by us, only if such communication has been requested by you and you have the right to indicate at any time that you do not wish to receive such communications from us.

DPI shall exercise at all times reasonable precautions to maintain the security of any information obtained from you including your e-mail address.

DPI provides a secure web page permitting you to submit all billing information when you join the membership portion of our web site in confidence.

A Wild Rose production