Digital Experience Corporation TERMS OF SERVICE
Please read these terms of service carefully as this document is a binding legal agreement (the "Agreement") between you and Digital Experience Corporation (the "Company").
- GENERAL AGREEMENT
- Age Restriction. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE SITE (AS DEFINED BELOW), SUBSCRIBE TO THE SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE SITE. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY AT LEAST EIGHTEEN (18) YEARS OLD, THE AGE OF MAJORITY IN YOUR COMMUNITY, AND ARE CAPABLE OF LAWFULLY ENTERING INTO THE AGREEMENT.
- Binding Agreement. The Agreement spells out the terms and conditions to which you and all users of this site (the "Site") are expected to adhere. By creating a free account, purchasing an Access Membership or Short Term Membership (as each is defined in section VI. below) or by accessing or using the Site in any manner, you acknowledge that you have read the Agreement, understand the Agreement and agree to be bound by its terms. If you do not agree to be bound by the terms of the Agreement, you must leave the Site immediately.
- Effect of Membership Purchase. In the event that you purchase an Access Membership or Short Term Membership, you may be asked to enter your credit card information and certain other information. By providing this information and selecting "Complete this transaction" you agree to become a subscriber to the Site and, subject to the terms and conditions set forth in this Agreement, the Company agrees to provide you with the privileges of a membership to the Site then afforded to a subscriber in good standing (the "Service").
- Changes to Service. The Company is continually testing, modifying and changing the Site and Service, including without limitation service levels, the Content, delivery methods and availability of portions of the Content, membership models and plans, and pricing. By using the Site and Service, and entering into this Agreement, you agree that the Company may change, suspend, discontinue, and/or limit your access to any portion of the Site and/or Service, including without limitation, the availability of any feature, database, or Content (as defined below) at any time without notice or liability to the Company. The particular Content available in your membership may differ from the Content available in your past or future memberships or in other users’ memberships.
- Amendments to the Agreement. The Company may change, add, or remove portions of the Agreement at any time. Changes are effective upon notice to you by email, posting, or made available as a hyperlink on the Site. Your continued use of the Service will indicate your acceptance of such changes. If future changes to the Agreement are unacceptable to you, or cause you to no longer be in compliance, you may cancel your membership by providing the Company notice pursuant to section VIII.4. below, and subject to the terms and conditions of the Agreement. From time to time, the Company may ask you to expressly accept the changed terms of service to continue using the Site and/or Service.
- SITE CONTENT
- Nature of Content. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE MATERIALS PUBLISHED, BROADCAST, CONTAINED, AND/OR DOWNLOADABLE ON THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, VIDEOS, STILL PHOTOGRAPHS, LIVE BROADCASTS, AUDIO CLIPS, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, SOFTWARE, LOGOS, ICONS AND ANY OTHER PROPRIETARY CONTENT (COLLECTIVELY, THE "CONTENT") INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN, AND/OR TRANSSEXUAL SITUATIONS AND THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.
- Content Warning. Some of the Content offered through the Site is virtual reality motion pictures (“VR”). You must read and agree to abide by the following warnings before using VR. Please also review and adhere to the instructions and any warnings for the device(s) that you use to view VR.
- Due to the nature of VR, the Company strongly recommends that certain individuals consult a physician prior to using VR, including without limitation individuals that are elderly, pregnant, and / or suffer from a heart condition, vision abnormalities, psychiatric disorders and / or other serious medical conditions.
- It is safest to view VR while seated. Please take notice of your surroundings before viewing VR, as elements of your surroundings can be dangerous. You should avoid the following when viewing or shortly after viewing VR: roads, stairs, balconies, windows, furniture, people, animals, electronics, objects or other items which you could bump into, fall over, fall through or cut yourself on. Do not view VR while engaging in other activities such as walking, biking, dancing, driving or handling dangerous items.
- You agree not to view VR if you are tired, sick or not feeling well, suffer from a headache, flu, cold migraine or earache or are under the influence of intoxicants or are hung-over. You agree not to view VR if you are in a moving vehicle, as it could increase the likelihood that you suffer from the symptoms identified herein or other adverse symptoms.
- Prolonged viewing of VR should be avoided as it may have negative impacts on hand-eye coordination, balance and certain other abilities. Always cease viewing VR and remove your headset before doing anything that requires attention or coordination.
- In the event that you lose awareness of your surroundings, being to experience seizures, eye twitches, blurred or abnormal vision, impaired balance, hand-eye coordination or nausea, increased sweating, motion sickness, pain, fatigue, dizziness, disorientation or drowsiness you should stop viewing VR immediately and consult a physician before resuming viewing of VR.
- Do not view VR for periods in excess of thirty (30) minute intervals without taking a break of at least ten (10) to fifteen (15) minutes. If you feel discomfort, you should take a longer break.
- If you elect to view VR in connection with any other external device, please do so with caution. Please consult the instructions and heed any warnings regarding those devices. If use of such devices causes any adverse symptoms, please cease use immediately.
- Consult a physician if you have serious and/or persistent symptoms.
- Use of Content. The Content is intended for distribution exclusively to consenting adults who are in locations where such Content does not violate community standards or any applicable local, state, or federal law or regulation.
- Liability for Improper Use of Content. You agree to be personally liable and fully indemnify the Company and Agent (as defined below) for any and all damages directly, indirectly, and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of Content. Such damages include, without limitation, loss of revenue, loss of profits, loss of property, fines, penalties, attorney's fees, costs, and damages resulting from civil lawsuits, administrative actions, prosecution, and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
- LIMITED NON-EXCLUSIVE LICENSE
- Grant of License. Subject to the limitations set forth below, the Company hereby grants you a limited, non-commercial, non-exclusive, and non-transferable license (the "License") to use the Content during the period in which you are a current subscriber in good standing or legitimate user of the Site. The License will immediately terminate automatically if you fail to comply with the limitations described herein, breach any provision of the Agreement, cease, for any reason, to be a subscriber in good standing, or are notified of termination of the License by the Company or its authorized agent(s).
- Limitations on License. You may make no use of the Content not expressly authorized herein or by express written authorization from the Company. You may use the Content only in accordance with the Agreement, only on one computer at a time, and if the Site makes downloadable copies of the Content available, you may make only a single copy of such Content for your personal use and enjoyment. You agree to the following limitations and restrictions on your use of the Content:
- You acknowledge and agree that the Company does not authorize the Content to be accessed, viewed, downloaded, used by, transmitted, broadcast, or otherwise disseminated to any person or entity located in any and all areas prohibited by law ("Prohibited Areas");
- You acknowledge and agree that the Content is intended for your personal, noncommercial use and the Company does not authorize you to cause or enable others to access, view, download, receive or otherwise use the Content, directly or indirectly, including but not limited to (i) anyone under the age of eighteen (18) years or the age of majority, or (ii) any person in Prohibited Areas;
- You acknowledge and agree that any and all unauthorized access, viewing, downloading, receipt, duplication, or other use of the Content in which you are directly or indirectly involved, shall constitute a material breach of the Agreement, intentional infringement(s) of the Company's and potentially others' trademarks, copyrights, intellectual property, and/or other rights including without limitation, the rights of privacy and publicity;
- You acknowledge and agree that you are prohibited from:
- Modifying, translating, reverse engineering, decompiling, and/or disassembling the Content;
- Creating derivative works based on the Content;
- Renting, leasing, or transferring any rights in the Content;
- Removing any proprietary notices or labels on the Content; and
- Making any other unauthorized use of the Content.
- Ownership of the Content and Intellectual Property. Except for public domain material or material otherwise licensed to the Company for electronic dissemination, all of the Content displayed at or otherwise available through the Site is proprietary content owned by the Company, its parents, subsidiaries and/or assigns. All editions of the Site and Content and other matter used directly or indirectly in, at, by, through and/or with the Site are protected by the copyright laws of the United States, international copyright treaties, and other laws and regulations. All intellectual property and other rights in and to the Content and other matter on the Site shall at all times remain in the Company, its parent(s), subsidiary(ies) and assign(s).
- USER GENERATED CONTENT
- Submissions. You acknowledge that any user generated content that you transmit, including comments, forum messages, text, email, video, audio, photographs or other types of media to the Company ("Submission") may be edited, removed, modified, published, transmitted and displayed by the Company and you waive any rights you may have in the material. The Company reserves the right (but not the obligation) to delete, move or revise any Submission at its sole discretion without notice. You may not infringe on any party's intellectual property or other rights and must adhere to the warranties listed under V. REPRESENTATION AND WARRANTIES, as described below. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. You agree to release, indemnity and hold harmless the Company and its agents for all claims resulting from content you supply.
- License Granted. To the extent any Submission is copyrightable material, you grant the Company and its authorized agents a non-exclusive, royalty free, perpetual and fully sublicensable right to use, post, publish, reproduce, adapt, create derivative works from, distribute, and display such Submission throughout the world in any media and for any purpose. By way of example, the Company may sublicense the content and allow third parties to use the material for any purpose.
- REPRESENTATION AND WARRANTIES
- Your Warranties. You hereby represent, warrant, and affirm (the "Warranties"):
- that you are at least 18 years old and the age of majority in your community;
- that it is legal to view the materials where you are located;
- that you will not permit any person(s) under the age of 18 (or who are otherwise not legally permitted) to have access to any of the materials contained on this website;
- that no materials of any kind submitted through your account including, without limitation, comments posted on live broadcasts or in public forums, will:
- Violate or infringe upon the rights of any third party, including without limitation, copyright, trademark, privacy, publicity, moral, contract, or other personal or proprietary rights;
- Plagiarize any material owned by any third party or the Company;
- Contain violent, obscene, defamatory, harassing, threatening, or otherwise illegal content;
- Contain bigoted, hateful, or otherwise racially offensive material;
- Otherwise harm or be reasonably expected to harm any person or entity;
- Contain commercial or business-related advertisements or offers to sell any products, services, or otherwise (whether for profit or not), or to solicit others (including solicitations for contributions or donations);
- Contain a virus or other harmful component that tampers with, impairs or damages the Site, Service, or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site and/or Service;
- Contain materials irrelevant to the designated topic or theme of the relevant public forum;
- Violate any specific restrictions applicable to a public forum; or
- Constitute antisocial, disruptive or destructive behavior, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
- That, with respect to live broadcasts or public forums on the Site, you will also refrain from posting comments on the following subjects:
- Sexually transmitted disease;
- Derogatory comments about the performers' physical appearance;
- Anything demeaning to the performers.
- Breach of the Warranties. Any conduct that the Company, in its sole discretion, deems to be a breach of the Warranties shall constitute a breach of the Agreement and grounds for termination.
- Indemnity. You hereby agree to indemnify, defend, and hold harmless the Company and all of its related entities, subsidiaries and parent companies, advertising and promotions agencies and each of the their heirs, successors, officers, directors, employees, assigns, agents, attorneys, representatives, and any other person or entity now or hereafter affiliated with them, and each of them (collectively, "Indemnified Parties"), of and from any and all claims, demands, causes of action, obligations, damages, losses to any person (including death) or property, penalties, attorney's fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or claimed, arising out of any breach by you or any other user of your account, whether or not such user has your permission, of the Agreement or the Warranties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall cooperate as fully as is reasonably required in the defense of any claim.
- Third Party Violations. The Company does not assure or warrant that third parties or other users will comply with the Warranties or any other provision of the Agreement, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any lack of compliance.
- No Warranties by the Company. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING THE SITE AND SERVICE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- Disclaimer of Responsibility for Outbound Links. THE SITE CONTAINS LINKS TO OTHER RELATED INTERNET SITES, RESOURCES, AND SPONSORS OF THE COMPANY. YOUR SELECTION OF AN AD BANNER OR LINK WILL REDIRECT YOU FROM THE SITE TO A THIRD PARTY WEBSITE. THE COMPANY HAS NO CONTROL OVER AND NO LIABILITY FOR ANY THIRD PARTY WEBSITES OR MATERIALS. TRANSACTIONS THAT OCCUR BETWEEN YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY AND ARE NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH SITES, AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF SUCH OUTSIDE RESOURCES, AND YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE THIRD PARTY SITE'S ADMINISTRATOR OR WEBMASTER.
- The Company's Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO YOUR USE OF THE SITE, THE SERVICE, THE CONTENT AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY, EXCEPTING SUCH INJURY OR DAMAGES CAUSED BY THE COMPANY'S FRAUD, WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER, OR VIOLATION OF LAW BY THE COMPANY.
- MEMBERSHIPS AND SUBSCRIPTIONS
- Membership Options. Memberships to the Service may vary from time to time. Such changes are further described in section VI.4. below. The exact price, duration and other additional terms of your Membership will be made available at the time of purchase. Typically, Memberships are available as follows:
- 3-Day Membership (renewing at Access Membership with monthly pricing)
- 7-Day Membership (renewing at Access Membership with monthly pricing)
- Monthly Access Membership with monthly pricing (renewing at Access Membership with monthly pricing)
- Annual Access Membership with up-front yearly pricing (renewing at Access Membership with monthly pricing)
All Membership fees are payable by credit card and Access Membership fees are also payable via check or telephone and may be payable by crypto currency, through redemption of third party gift cards and/or via other methods. Access Memberships paid by telephone are generally more expensive. Current prices and acceptable payment methods for memberships will be available on the Site at the time of purchase. From time to time, promotions may be conducted which will alter the pricing and membership structure. Memberships may not be assigned or transferred to any other person or entity.
- Short-Term Memberships. You hereby acknowledge and agree that purchase of a Short-Term Membership does not allow you to have full access to the Content and/or Service, but, rather, allows you to have limited access only to a limited number of specific scenes pre-selected by Company. Further, Short-Term Membership does not permit you to purchase Channel Content (as described below). You will receive full access to the Service only in the event that you purchase an Access Membership. Short-Term Memberships may include trial access to DBV Live, a third party product. If you purchase a Short-Term Membership, you hereby agree that Agent (as defined below) may immediately authorize your credit card (or other approved facility) in the amount equal to the then-current rate for the Short-Term Membership you selected. To terminate your Short-Term Membership, you must do so prior to the end of the term to avoid incurring charges for an Access Membership. Failure to cancel prior to the end of the term constitutes your agreement to continue as a member under the terms and conditions for Access Memberships set forth herein and you authorize the Company to charge your credit card (or other approved facility) at the then-current Access Membership rate on a monthly basis until you request termination of your Access Membership according to the terms and conditions set forth herein.
- Access Memberships. You hereby acknowledge and agree that purchase of an Access Membership does not provide access to all of the Content available through the Service. Rather, Access Membership provides you access, without additional payment, to certain Content including, without limitation, collections of scenes from various fantasy series for streaming and/or download (“Included Content”) for a period of time during a membership period, as well as full access to the Service.
Full access to the Service, may allow you to:
- Purchase access to additional Content in the form of scenes or collections of scenes from various fantasy series within the Site (“Channels”) for streaming and/or download for a limited period of time during a subscription period (“Upgrade Content”);
- Purchase access to Channels featuring third party content within the Site for streaming and/or download for a period of time during a subscription period (“Third Party Channel Content”); (collectively, (i) – (ii) are “Channel Content”).
Individual scenes may be available as Included Content as well as Upgrade Content, may be available across one or more Channels, and in each case is subject to the limited license grant above.
If you purchase an Access Membership, or if you do not cancel your Short-Term Membership prior to the end of the term, you authorize the Company and/or Agent to charge your credit card (or other approved facility) for periodic membership fees according to the then-current billing terms for the Service. Membership fees are earned upon receipt by the Company. Access Membership may include trial access to DBV Live, a third party product. For your convenience, with the exception of Yearly Memberships, Access Memberships will automatically renew upon expiration unless you cancel your membership at least three (3) days prior to expiration. Yearly Access Memberships will automatically renew on a monthly basis upon expiration unless you cancel your membership at least three (3) days prior to expiration. Access Membership rates are subject to change at any time without notice. You are liable for any membership charges incurred by you up to and until termination of the Service.
- Membership Details. As noted above, the offers and pricing for Short-Term and Access Memberships, as well as the Services, the availability of Content included in Memberships, and/or the specific fantasy series and titles available through Memberships or Channels may vary from user to user and may change from time to time, without further notice (except as may be required by applicable law). Further, if you terminate your Membership and purchase a subsequent Membership, you may find that the included and/or available Content has changed materially. Company makes no guarantee as to the availability of specific Content or fantasy series or to the minimum amount of Content available in any Membership or as Upgrade Content or Third Party Channel Content. Third parties may change or discontinue the features of their services or the content included in their services. The Company is not responsible for the content contained in any third-party membership service or the features of these services. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Not all Content is available in all formats and not all Memberships allow you to receive content in all formats. You are responsible for any and all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The Company makes no representations or warranties about the quality of your experience.
- Channel Subscriptions. Access to Channels featured as Upgrade Content is offered on a subscription basis either for monthly or lifetime pricing.
Monthly Channel Subscription:
- Monthly subscriptions to a Channel featured as Upgrade Content can be purchased pursuant to a Short-Term Membership, an Access Membership, or a terminated Membership. If you purchase a monthly Channel subscription, you authorize the Company and/or Agent to charge your credit card (or other approved facility) for periodic subscription fees according to the then-current billing terms for the subscription.
Lifetime Channel Subscription:
- Lifetime subscriptions to a Channel featured as Upgrade Content can only be purchased pursuant to an active Access Membership. “Lifetime” subscriptions refer to the lifetime of your Access Membership and not to your lifetime or the lifetime of the channel, Upgrade Content, the Site or the Service. If you purchase a lifetime channel subscription, you authorize the Company and/or Agent to charge your credit card (or other approved facility) for the subscription fees according to the then-current billing terms for the subscription. All subscription fees are earned upon receipt by the Company.
- Transaction Processing. You hereby authorize the Company and/or one of its authorized agents, ("Agent"), to process the transactions necessary to procure and maintain memberships and subscriptions on your behalf. You agree not to report any credit card (or other approved facility) utilized in such transaction as lost or stolen unless you have a good faith reason to believe that the credit card (or other approved facility) has been lost or stolen. You further agree that you will not dispute any charge that you authorized. Unless otherwise indicated, any price changes are effective as of the beginning of the next membership or subscription period. If you do not agree to a membership or subscription change, you may cancel your membership or subscription pursuant to the terms of section VI.8. of this Agreement. The pricing for memberships and/or subscriptions may include VAT and/or other taxes. Where applicable, such taxes may be collected by the party with whom you transact for the Service, which may be the Company or its Agent.
- Terminating Memberships. The Company or Agent may terminate your membership or subscription(s) at any time, and without cause. If you wish to terminate your Access Membership or any monthly subscription, you must do so AT LEAST three (3) days prior to expiration or you will be deemed to have elected to continue your membership/subscription(s) for an additional month and will be charged accordingly. You agree to be personally liable for all charges incurred through your account for use of the Site and/or Service. Your liability for such charges shall continue after termination of your membership/subscription(s) for any reason. To terminate your membership/subscription(s) you must first determine who the Agent is for your membership/subscription(s). This can be determined by examining your bill. If Epoch or CC Bill is the Agent, select the "Support" tab on the Site and follow the on screen instructions for creating a Customer Support Ticket in order to effect termination. Terminated memberships still have the option to purchase monthly subscriptions to Upgrade Content, but will not be able to purchase lifetime subscriptions or access Included Content.
- Customer Service and Refund Policy. If you have a question about a transaction on your credit card statement, please contact the appropriate Agent's customer service department using the contact information below. Agents manage the credit and refund policy for the Service on a case-by-case basis. The Company or an Agent will provide you, upon request, access to billing records that support charges for use of the Service. Additionally, you can also contact the Company directly regarding a refund by clicking the "Support" tab on the Site and following the on screen instructions.
Agent Contact Information:
U.S. and Canada: 1(800)893-8871
Skype: Toll Free: 1(800)893-8871
U.S. and Canada: 1(888)376-0948
Skype: Toll Free: +1(954)414-1610
Global Exchange Billing (GXBill)
International: +1(410)252 6310
- DBV PLUS PLATFORM
- Your membership includes access to the DBV Plus Platform (NA-PLUS PLATFORM), where you can rent or purchase content produced by third-party content uploaders (“Uploaders”) who wish to publish, broadcast, license, and sell their content to users.
- The Company grants you a non-exclusive, non-transferrable, personal revocable license to use the NA-PLUS PLATFORM solely for private, personal, and non-commercial entertainment purposes.
- Every Uploader grants to any user who purchases or rents the Uploader’s content on the NA-PLUS PLATFORM a non-exclusive, non-transferrable, personal license to download or stream (as the case may be) such content to the user’s personal computer or mobile device for their personal use only.
- Limitations on License. You may make no use of the NA-PLUS PLATFORM content not expressly authorized herein or by express written authorization from the Company and the appropriate Uploader. You may use NA-PLUS PLATFORM content only in accordance with the Agreement, only on one computer at a time, and if the Site makes downloadable copies of the NA-PLUS PLATFORM content available, you may make only a single copy of such NA-PLUS PLATFORM content for your personal use and enjoyment. You agree to the following limitations and restrictions on your use of the NA-PLUS PLATFORM content:
- You acknowledge and agree that neither the Company nor Uploaders authorize the NA-PLUS PLATFORM content to be accessed, viewed, downloaded, used by, transmitted, broadcast, or otherwise disseminated to any person or entity located in any and all areas prohibited by law ("Prohibited Areas");
- You acknowledge and agree that the NA-PLUS PLATFORM content is intended for your personal, noncommercial use and the Company does not authorize you to cause or enable others to access, view, download, receive or otherwise use the NA-PLUS PLATFORM content, directly or indirectly, including but not limited to (i) anyone under the age of eighteen (18) years or the age of majority, or (ii) any person in Prohibited Areas;
- You acknowledge and agree that any and all unauthorized access, viewing, downloading, receipt, duplication, or other use of the NA-PLUS PLATFORM content in which you are directly or indirectly involved, shall constitute a material breach of the Agreement, intentional infringement(s) of the Company's and potentially others' trademarks, copyrights, intellectual property, and/or other rights including without limitation, the rights of privacy and publicity;
- You acknowledge and agree that you are prohibited from:
- Modifying, translating, reverse engineering, decompiling, and/or disassembling the NA-PLUS PLATFORM content;
- Creating derivative works based on the NA-PLUS PLATFORM content;
- Renting, leasing, or transferring any rights in the NA-PLUS PLATFORM content;
- Removing any proprietary notices or labels on the NA-PLUS PLATFORM content; and
- Making any other unauthorized use of the NA-PLUS PLATFORM content.
- Subject to the Company’s minimum and maximum retail prices to be charged for access to Uploader content, every Uploader has exclusive and sole discretion to set prices for the rental and purchase of his or her content.
- When you purchase NA-PLUS PLATFORM content for download, you will have a specified number of days to access and download such content.
- When you purchase NA-PLUS PLATFORM content for streaming, you will have access to stream such content for a specified number of days.
- When you rent NA-PLUS PLATFORM content for streaming, you will have access to stream such content for a specified number of days.
- Your ability to access NA-PLUS PLATFORM content for downloading or streaming will be subject to immediate termination if (1) your membership to DickButtVerse.com expires, (2) the account of the Uploader whose content you purchased or rented is terminated, or (3) the content has been removed for violating the Company’s terms and conditions.
- Notice of Copyright Infringement. If you believe that any Content or Submission appearing on the Site has been used in a manner that infringes upon your copyrights, you or your authorized agent may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the material that is claimed to be infringing or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
- Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number or e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's Copyright Agent is:
110 West A Street, Suite 900
San Diego, CA 92101
International: 1(619) 237-5014
- Counter-Notice. If you believe that your Content or Submission that was removed or disabled is not infringing, or that you have proper authorization to post and use the material in your Content, you may send a counter-notice to our Copyright Agent containing the following information:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Diego, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Our Copyright Agent may send a copy of any counter-notice to the original complaining party informing that party that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
- SECURITY AND PRIVACY
- Registration and Security. Purchase of an Access Membership or Short Term Membership requires registration. During the registration process, you shall provide the Company with accurate, complete, and current billing information. Failure to do so shall constitute a breach of the Agreement, which may result in immediate termination of your membership. As part of the registration process, you will select a user name ('DBV ID') and password. You may not select or use a DBV ID that: (a) incorporates or is confusingly similar to the name of another person with the intent to impersonate that person; (b) is subject to the rights of any person other than yourself without authorization; or (c) the Company, in its sole discretion, deems offensive.
- No Unauthorized Access. You shall not provide any other person or entity access to your membership, either directly or indirectly. This includes, without limitation, sending or making available to another party your DBV ID and/or password. Allowing others to gain unauthorized access to the Service is a breach of the Agreement and a violation of law.
- Confidentiality and Liability for Account Usage. You shall be solely responsible for keeping your password strictly confidential. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You are responsible for all usage or activity on your account for the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership at the Company's sole discretion, and you may be referred to appropriate law enforcement agencies. You may be held liable for any losses incurred by the Indemnified Parties due to someone else's use of your account or password. You may not use the account, DBV ID, or password of another person or entity at any time.
- Notice to the Company. You must promptly inform the Company or Agent of the following: (a) changes in the expiration date of any credit card used in connection with the Site; (b) changes in home or billing address; and (c) known or suspected breaches of security, such as loss, theft, or unauthorized disclosure or use of a DBV ID, password, and/or credit card information. If you have reason to believe that your account has been compromised, please promptly contact the Company at support@DickButtVerse.com. Until the Company or Agent is notified of a breach in security, you will remain liable for any use of the Service.
- Governing Law; Dispute Resolution. The validity, construction, performance, and breach of this Agreement shall be governed by the internal laws of the State of California, without regard to conflicts or choice of law principles, except that the Federal Arbitration Act will govern all provisions relating to arbitration.
- The parties agree that any and all disputes or controversies of any nature between them arising at any time that cannot be resolved between the parties themselves shall be determined by confidential (to the extent permitted by law), final and binding arbitration in San Francisco County, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single neutral arbitrator ("Arbitrator") mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The parties shall be entitled to conduct discovery in accordance with the California Code of Civil Procedure then in effect, provided that (i) the Arbitrator must authorize all such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances, and (ii) discovery shall be limited to depositions and production of documents unless the Arbitrator finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. The Arbitrator shall have the power to enter monetary damages and equitable relief as determined by the Arbitrator. Judgment upon the award rendered in any such arbitration may be entered in any court of competent jurisdiction, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. Nothing in this section shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction. Class action lawsuits and / or class-wide arbitrations aren’t allowed. Nor is combining individual proceedings without the consent of all parties. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration.
- The fees payable to AAA and the Arbitrator hereunder shall be borne equally by the parties, provided that the prevailing party shall be entitled to reimbursement by the other party for reasonable attorneys' fees, expert witness fees, costs and expenses incurred in the arbitration.
- THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
- ACKNOWLEDGED AND AGREED
You are electronically signing this Agreement by clicking "I AGREE, ENTER DBV", purchasing a membership and / or accessing this site in any manner. You understand and agree that this Agreement may not be denied legal effect, validity, or enforceability solely because your electronic signature was used in its formation. You further understand and agree that electronic signatures and records are just as good as their paper equivalent, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.
BY PURCHASING A FULL SUBSCRIPTION OR TRIAL SUBSCRIPTION OR BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THE Digital Experience Corporation TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THE TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY AT LEAST 18 YEARS OLD, AND UNDERSTAND THAT MATERIALS PRESENTED AT THIS SITE INCLUDE EXPLICIT NUDITY, VISUAL AND AUDIO REPRESENTATIONS OF SEXUAL SITUATIONS, AND ADULT LANGUAGE.
FURTHER, BY INDICATING ON THE JOIN PAGE THAT YOU HAVE READ AND AGREE WITH THE TERMS OF SERVICE AND / OR BY AUTHORIZING THE USE OF YOUR CREDIT CARD (OR OTHER APPROVED FACILITY) FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO THE SITE, YOU AFFIRM THAT YOU HAVE READ THE ENTIRE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF SERVICE SET FORTH IN THE AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, ARE UNDER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, DO NOT CREATE A FREE ACCOUNT, DO NO ATTEMPT TO PURCHASE A FULL SUBSCRIPTION OR TRIAL SUBSCRIPTION, DO NOT ATTEMPT TO USE THE SITE IN ANY MANNER AND LEAVE NOW!