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LEGAL NOTICE : YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT IS REQUIRED FOR YOU TO BECOME A MEMBER OF THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE ACCEPTED AS A MEMBER AND YOU WILL NOT BE PERMITTED TO ACCESS OR VIEW THE CONTENT IN THE MEMBERS-ONLY PORTION OF THE WEBSITE. PLEASE READ ALL THE PROVISIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CLICKING THE “I ACCEPT” BUTTON AT THE END OF THESE TERMS AND CONDITIONS WILL CONSTITUTE YOUR ACKNOWLEDGEMENT THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE. 1. PARTIES TO THIS AGREEMENT AND CONSIDERATION . 1.1 Subject to Your acceptance of the terms and conditions set forth in this Agreement (as evidenced by your submission of an application for membership) and the payment of all required membership fees, the Company agrees to provide to You all the privileges of Membership including access to the Members-only materials at the Website which are available to a Member in good standing. 1.2 The extent of Your access rights to the contents of the Website will be determined by the membership plan that You purchase. 1.3 You agree that this Agreement is subject to change by the Company at any time and changes shall become effective upon notice to Members by e-mail, posting at or via hyperlink to the Website, or by mail. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect. 1.4 You agree Any action on Your part to Bookmark to a page on this Website whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Membership Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years of age or of the age of majority under the laws of Your state, province or country. 2. SEXUALLY EXPLICIT MATERIAL. 3. AGE OF MAJORITY. 4. GRANT OF LIMITED LICENSE WITH RESERVATIONS. 4.1 You acknowledge and agree that all Materials contained at the Website are proprietary and constitute valuable intellectual property owned by the Company or others who have licensed use of such Materials to the Company. You acknowledge and agree that as such You may access, view, download, receive and otherwise use the Materials available at the Website only as specifically authorized by the Company and in accordance with the terms and conditions of Your membership, only on one computer at a time and, if downloadable copies of the Materials are made available to You by the Website, You may make only a single copy of such Materials for Your own personal noncommercial use and enjoyment. You further acknowledge that the Company specifically prohibits you from doing any of the following acts, and you agree not to do any of these prohibited acts: (a) permitting other individuals to directly or indirectly use the Materials; (b) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (c) making copies or creating derivative works based on the Materials, except as provided herein; (d) renting, leasing, or transferring any rights in the Materials; (e) removing any proprietary notices or labels on the Materials; and, (f) making any other use of the Materials not expressly permitted herein. 4.2 You further represent and warrant to the Company that your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use Materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. 4.3 You hereby acknowledge that you understand that the Company (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials contained on the Website to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS. 4.4 You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Materials from the Website, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of Materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such Materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy. 5. PROHIBITED AREAS. 5.1 All parts of the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and 5.2 All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom. 6. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS. 7. TRIAL AND MONTHLY MEMBERSHIPS; FEES; CANCELLATION. 7.1 Your trial membership will entitle you full access of Website for the number of DAYS starting on the day you submit your trial membership application to Website. 7.2 You agree that if you do not send the Company notice of cancellation of your trial membership at least ONE DAY from the expiration of your trial membership term, the company shall automatically and without further notice:
7.3 Subscription and Membership fees to Website are subject to change at any time at the sole and absolute discretion of Company. The official standard one-month membership rates for the Website shall be set forth at the respective “join” pages of the site. 7.4 TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY THE COMPANY AT LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING THE COMPANY BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED . 7.5 TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY THE COMPANY OF YOUR CANCELLATION BY E-MAIL, TELEPHONE, OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT LEAST 7 (SEVEN) DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM. 7.6 All cancellations received by the Company will be effective upon receipt. 7.7 You hereby acknowledge and agree that if You cancel Your monthly membership, or if Your membership is cancelled by the Company, Your username and password will be removed from the system at the end of the then current monthly membership period and that You will be entitled to receive the full benefits of Your monthly membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if You cancel Your monthly membership before the end of the then current monthly membership period. You agree that if you cancel at any time after purchasing a monthly membership to Website (e.g., 20 minutes after you sign up), You will still be charged the full month’s membership fee. 7.8 The Company may, at any time and at its sole discretion, cancel any paid trial membership or monthly membership; provided, however, that if the Company cancels any paid trial membership prior to its expiration, the Company shall provide a pro-rata refund for the unexpired period of the cancelled month’s membership by automatic credit. 7.9 You hereby authorize the Company to charge Your credit card (which You hereby acknowledge was entered by You into the sign-up page) to pay for Your trial membership fee and all monthly membership fees to Website at the then current standard monthly membership rate. You further authorize the Company to charge Your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, Website You agree to be personally liable for all charges incurred by You during or through the use of Website. Your liability for such charges shall continue after termination of Your membership. 8. TRANSFER OF ASSIGNMENT OF MEMBERSHIP. 8.1. Your further agree that the Company, may at any time at its sole discretion and without prior notice to you, transfer or assign Your membership in the Website to an affiliated or non-affiliated Company. 9. PAYMENT AUTHORIZATION / NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF CARD
. 9.1 Unless and until you notify Company that you wish to cancel or terminated your Membership to Website, You hereby agree and authorize Company or its designated agent or assignee to automatically renew your Membership to Website on a continuing monthly basis and to charge Your credit card (or other approved facility) to pay for the ongoing cost of your Membership. You hereby further authorize Company or its designated agent or assignee to charge Your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to You by or though Website. 9.2 You further agree that as a Member and User of the Website, You must promptly inform Company of any and all the following: loss or theft of the credit card used to pay for Membership to Website or other goods or services obtained in, at or through Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Membership, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect Company's ability to expeditiously obtain payments due to Company. You agree that You will remain liable for any unauthorized use of Website or any of its services associated with your Membership, until You have notified Company’s Customer Service by electronic mail at support@danni.com or by conventional mail at 578 Washington Blvd. #445 Marina Del Rey, CA 90292. 9.3 You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Website or any fraudulent reporting of an unauthorized charge to Website on Your credit card which has been made by You or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to Website remains outstanding at the time of such fraudulent reporting, You shall be liable to the Company for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. 9.4 You further acknowledge and agree that You will remain liable to the Company for any unauthorized use of the Website associated with Your Membership. 10. TERMINATION OF MEMBERSHIP
. 11. PASSWORD SECURITY. 12. NO WARRANTIES; LIMITATIONS ON COMPANY’S LIABILITY. 12.1 ANY LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE MEMBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE. 13. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY. 13.2 Links To Third-Party Sites. You might access some of the content of the Website via hyperlinks that will connect You to third parties, or to third-party websites that may provide content to the Website. Those linked websites are not under the control of Company and Company has no editorial control or supervision over selection or display of the content provided by those third parties or those third-party websites. Company is providing You links to those third-party websites only as a convenience, and the inclusion of any link on Company's Website does not imply endorsement by Company of any other website or the content of any such website. The owners and operators of all third-party websites are solely responsible and liable for the content they provide to You. 13.3 You further acknowledge that You understand that the Company does not control the content of any information, messages, communication, personal data, photographs, video or audio content, or any other material posted or uploaded by Users of the Website (collectively, " User Originated Content"), and that You release the Company and its agents, officers, directors and employees, from any and all liability and responsibility, directly and indirectly, in connection with the content of any information, messages, communication or other User Originated Content You may receive from other Users of the Website. 13.4 Company claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for User Originated Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Company reserves the right, in its sole and exclusive discretion, to delete any content, messages, photos, profiles or other information posted on the Website by any User or any other person that in the sole judgment Company violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Company and/or its members. 14. RESTRICTIONS ON MEMBERS’ COMMUNICATIONS; MEMBER LIABILITY 14.1. You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all User Originated Content which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service. 15.
COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE 16. TRADEMARK AND SERVICE MARK 17. CUSTODIAN OF RECORDS 18. AUTHORIZATION AND PERMISSION TO SEND SEXUALLY-ORIENTED COMMERCIAL EMAILS TO YOU. 18.1 OPT-OUT AND CANCELLATION PROVISIONS. At any time, You may opt out of future e-mailings and cancel Your receipt of future sexually-oriented e-mailing from the Company by clicking the unsubscribe link at the bottom of each e-mail. 19. NOTICES TO COMPANY OR MEMBERS. 19.1 All notices to the company shall be sent by electronic mail to mishabill@dhdmedia.com or by convention mail to: 578 Washington Blvd. #445 Marina Del Rey, CA 90292 20. ENTIRE AGREEMENT. 21. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. 21.1 Any and all disputes as to the interpretation of or any performance under these Terms and Conditions which are not first resolved informally, shall be determined by binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States. 22. UNENFORCEABILITY OF PROVISIONS. 23. AFFIRMATION OF AGREEMENT. 24. PRIVACY POLICY. |