Plain English:
You, the user, agree that you are responsible for looking at, downloading,
and using the services of Digital Amateurs. You cannot lend your account
to other people; that's grounds for termination. Subscriptions will be
automatically renewed, unless you notify us by emailing your username,
password, member ID, full name and the email address you used when you
joined, at least seven days before your membership expires. Trial subscribers
and one week subscribers can cancel one day before their subscription expires.
Free trial memberships will renew at the monthly rate.
[ Digital Amateurs's
Home Page ]
The Legalese:
Between Navedyne Entertainment Inc. carrying on business as Digital Amateurs
(Digital Amateurs) and the entity or individual making access to the free
services or subscribing to the members' area (hereafter the User):
Effect of Contract
The User agrees that by subscribing online, or by proceeding beyond the
warning window or the window containing this agreement, that the User is
bound by the terms of the agreement. Both the printed version and the electronic
version shall be equally binding, but in the event of a dispute over its
terms the written agreement maintained at the offices of Digital Amateurs
shall be authoritative as to the terms and conditions. The terms and conditions
of this Agreement, other than regarding payment, shall equally apply to
free use or visitors' use.
The User represents and warrants that s/he is above the age of eighteen
(18), or of the age of majority in the jurisdiction in which s/he resides.
The User further represents and warrants that the use of Digital Amateurs's
online services, including viewing, saving or downloading files, messages
and images relating to human sexuality, does not violate the laws of the
User's jurisdiction. The User agrees that Digital Amateurs is not responsible
for the User's use of Digital Amateurs's online services, including viewing,
saving or downloading files, messages and images, and to indemnify Digital
Amateurs for any liability arising from the breach of these warranties
and representations.
The User agrees further that this Agreement may be altered, changed
and updated by Digital Amateurs, and the continued use of Digital Amateurs's
online services shall be considered to be the User's agreement that such
alterations, changes and updates are incorporated into this Agreement and
shall govern the User's use of the Digital Amateurs online services.
Use
The User is permitted to access one account at one time for each account
paid for and subscribed to with Digital Amateurs (referred to as "Subscription"),
which shall have such rights, privileges and access to services as are
determined from time to time to be available for each such account of that
class of subscription with Digital Amateurs (referred to as "Online
Services"), for the term associated with the Subscription. The Subscription
shall commence on the date that payment is received by Digital Amateurs
for the Subscription from the User. Access shall be defined to mean a connection
between a User's host computer and modem (or access device) and Digital
Amateurs online services using public data networks. The Subscription shall
commence on the first day on which the User can receive data on the User's
computer from Digital Amateurs. The User is responsible to notify Digital
Amateurs of any changes in name and credit card information. The User may
terminate the Subscription by giving notice through electronic mail to
Digital Amateurs at least five days in advance of termination providing
the User's full name and electronic mail address used when joining (or
as modified subsequently). User's subscription is non-refundable.
Termination
Breach of this agreement by the User are grounds for termination.
Copyright
The User acknowledges that all intellectual property rights in the content
of the Digital Amateurs web site are owned and copyright (c)Navedyne Entertainment Inc. 1997, excluding any images, text or web sites which are connected
to the Digital Amateurs web site by web links. The User agrees specifically
that the User shall not post, retrieve or use messages or files which violate
another individual or entity's copyright, whether or not a user of Digital
Amateurs's online services, and that the posting of such a message or file
will constitute grounds for immediate termination.
Restrictions
The User will not loan, assign, sell, transfer, rent, lease or license
the use of the User's Subscription to Digital Amateurs and the User will
not release or duplicate any software containing the User's ID or password.
The User agrees to indemnify and hold Digital Amateurs and its administrators,
directors, officers, employees harmless against any claim arising from
the User's use of Digital Amateurs's online services which causes damage
to any third party. In particular, the User acknowledges that the User
has full civil and criminal responsibility for viewing, saving or downloading
any message or image, and the User's Subscription will not be used to view,
save or download material, including messages, files, or images, whether
in public or private conference forums, conferences, electronic mail, or
newsgroups, in violation of any law in the User's jurisdiction, including
but not limited to copyrighted material, obscene material, or otherwise
prohibited by law.
Limited Warranty
Digital Amateurs makes no warranties of any nature or kind, expressed or
implied, regarding the service and access provided by Digital Amateurs,
ITS ONLINE SERVICES, or the continued operation of Digital Amateurs as
an online service, the equipment and facilities used and their capacities.
Digital Amateurs specifically disclaims any warranty with regard to the
availability of its service, or any connection to, transmission over, or
use of any network connection or facilities provided. In no event will
Digital Amateurs, its administrators, officers, directors or employees
be liable for inability to access Digital Amateurs. Digital Amateurs has
no liability for any damages arising out of use of Digital Amateurs, including
but not limited to loss of data from delays, non-deliveries, misdeliveries
or service interruptions, or destruction of data or damage to equipment,
whether such damage is direct, incidental, or consequential, and whether
caused by mistake, omission, interruption, deletion of files or messages,
errors, defects, delays in operation or transmission, failure of equipment
or performance, negligence or otherwise, whether of Digital Amateurs or
the user.
The User is responsible for assessing its own computer and transmission
network needs, and the results obtained therefrom.
All information and files that are available through Digital Amateurs
are provided as is. Digital Amateurs makes no warranty as to the veracity
or accuracy of any message, information or other posting through Digital
Amateurs or from any newsgroup or accessed service provider. Digital Amateurs
makes no warranty or representation that the files viewed, saved or downloaded
through Digital Amateurs's online services are not in violation of the
laws of the User's jurisdiction, including but not limited to copyright,
trademark, or criminal law.
Limitation of Liability
In the event of any liability on the part of Digital Amateurs, the User
agrees that a genuine pre-estimate of the total liability of Digital Amateurs
and its administrators, officers, directors, and employees for damages
shall be limited to the amount of the subscription paid by the User, less
a proportionate amount respecting usage in the time period for which the
subscription was paid, in the month in which the damages were incurred.
The User acknowledges that Digital Amateurs cannot control the content
of files, messages or images posted by other users or provided or transmitted
by other services, and agrees that Digital Amateurs is not liable for the
content of such information. Without limiting the generality of the foregoing,
the User acknowledges that the contents of any electronic mail, newsgroup
postings, or images and text transmitted through the Internet are solely
the responsibility of the entity sending the information or posting the
message, and that Digital Amateurs has no editorial control or responsibility
regarding the contents of any message or file.
The User acknowledges that Digital Amateurs will endeavor to ensure
that the User's privacy is maintained, and requires from its administrators,
officers, directors and agents that all such private communications be
kept confidential. The User agrees that Digital Amateurs, its officers,
directors, employees and administrators are not liable for any loss of
privacy or confidentiality of private communications, howsoever caused.
General
This agreement shall be governed by the laws of the Province of Ontario
and the federal laws of Canada. Venue under any dispute or action will
exclusively lie in Ontario Court (General Division), Toronto, Ontario.
If any provision of this Agreement is held by a court or arbitral tribunal
of competent jurisdiction to be contrary to law, the remaining provisions
of this Agreement will remain in full force and effect. Navedyne Entertainment Inc. is a licensed user of the digitalAmateurs trademark. This Agreement
represents the complete agreement and understanding of the parties with
respect to the subject matter herein, and supersedes any other agreement
or understanding, written or oral.
The photos on this website have been legally licensed for WWW distribution.
The owner of this website has purchased the rights to publish these photos
on the World Wide Web from N&L Photography. The model releases and
proof of age are available from:
N&L Photography
PO Box 1681
Williamsville. NY 14231-1681
ANY Unlicensed use of these images will be investigated for violation of
copyright.
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