Wild Multimedia, Inc.,
Website and Membership
TERMS AND CONDITIONS
The following Terms
and Conditions govern your use and access to the Wild MultiMedia, LLC., ("DreamGirls")
Network of websites, which currently includes but is not limited to: DreamGirlsMembers.com & MonstersofJizz.com;
(collectively, the "Sites" or individually, a "Site").
IMPORTANT! These Terms and Conditions also govern your membership to a
Site (or Sites) if you become a member. By accessing, using, printing, installing,
or downloading any material from any of the Sites, or becoming a member to any
one of the Sites, you agree to be bound by these Terms and Conditions. These Terms
and Conditions are subject to change by the Sites at any time in its discretion.
Your use of this Site after such changes are implemented constitutes your acknowledgment
and acceptance of the changes. If you do not agree to be bound by these Terms
and Conditions, you may not enter any of the Sites, you must exit the Site immediately
and you may not use or access any of the Sites or print or download any materials
from them. You may use and access the Sites only in accordance with these Terms
and Conditions. Please consult these Terms and Conditions regularly and read them
carefully before using the Sites. You affirm that you have read this Agreement
and understand, agree and consent to its Terms and Conditions.
You are
solely responsible for obtaining access to the Sites and that access may involve
third party fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Sites.
I. Adult Entertainment
The Sites
offer online entertainment services that may be deemed adult in nature and which
may contain graphic depictions, nudity, adult language, and descriptions of explicit
sexual activity. You acknowledge that you are aware of the nature of the content
provided by these Sites, that you are not offended by such content and that you
access the Sites freely, voluntarily and willingly.
II. Age of Majority
You represent and warrant you are at least
18 or 21 years of age, depending on the age of majority in your jurisdiction,
and that you have the legal capacity to enter into this agreement. If you are
not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction,
you must exit the Sites immediately and may not use or access the Sites or print
or download any materials or purchase any materials (as defined below) from them.
III. No Child Pornography
You understand that all models appearing on the Sites
are, and were at the time of all recorded images, at least 18 years of age, and
that the Sites contain no child pornography. We take a strong and definite stand
against child pornography and only publish images of consenting adults for consenting
adults. If you see any images, real or simulated, depicting minors engaged in
sexual activity within the Sites, please report to CustomerService@DreamGirlsVideos.com.
Include with your report any appropriate evidence, including the date and time.
All reports will immediately be investigated and the appropriate action will be
taken. We enthusiastically cooperate with any law-enforcement agency investigating
child pornography. If you suspect other outside websites are participating in
unlawful activities involving minors, please report them to www.asacp.org.
IV. Protected Speech
You further acknowledge that the Sites contain only images protected
by the First Amendment to the United States Constitution. If you are seeking obscenity
or child pornography, please leave this Site immediately.
V. Trademark Information
DreamGirlsVideos.com, DreamGirls, DreamGirls Network are service marks of DreamGirls,
Inc., ("DreamGirls") in the United States. All rights are reserved. Other manufacturers'
product and service names referenced herein may be trademarks and service marks
of their respective companies and are the exclusive property of such respective
owners. DreamGirls' marks may not be used publicly except with express written
permission from DreamGirls, and may not be used in any manner that is likely to
cause confusion among consumers, or in any manner that disparages or discredits
DreamGirls.
VI. Copyright
The material and content accessible from the Sites,
and any other World Wide Web site owned, operated, licensed, or controlled by
DreamGirls (collectively, "Materials") is the proprietary information and valuable
intellectual property of DreamGirls or the party that provided the Materials to
DreamGirls, and DreamGirls or the party that provided the Materials to DreamGirls
retains all right, title, and interest in the Materials. Accordingly, the Materials
may not be copied, distributed, republished, uploaded, posted, or transmitted
in any way without the prior written consent of DreamGirls, except that you may
print out a copy of the Materials solely for your personal use. In doing so, you
may not remove or alter, or cause to be removed or altered, any copyright, trademark,
trade name, service mark, or any other proprietary notice or legend appearing
on any of the Materials. Modification or use of the Content except as expressly
provided in these Terms and Conditions violates DreamGirls' intellectual property
rights. Neither title nor intellectual property rights are transferred to you
by access to the Sites. All content included on the Sites, such as text, graphics,
photographs, video and audio clips, music, soundtracks, button icons, streaming
data, animation, images, downloadable materials, data compilations and software
is the property of DreamGirls or its content suppliers and is protected by United
States and international copyright laws. The compilation of all content on each
Site is the exclusive property of DreamGirls or its content suppliers and protected
by United States and international copyright laws, as well as other laws and regulations.
VII. Access to Sites
To access the Sites or some of the resources they have to
offer, you may be asked to provide certain registration details or other information.
It is a condition of your use of these Sites that all information you provide
will be correct, current, and complete. If DreamGirls believes the information
you provide is not correct, current, or complete, DreamGirls has the right to
refuse you access to these Sites or any of its resources, and to terminate or
suspend your access at any time. Subject to these Terms and Conditions and in
consideration of your becoming a member to a Site, DreamGirls hereby grants you
a limited, nonexclusive, nontransferable personal license to access the Sites
and the Materials contained therein. Subject to Section IX (F), provided that
you are a member in good standing to a Site, you may cache the Materials onto
a single computer for your personal, non-commercial internal use only. All Materials
on the Sites shall be for private use only, and all other uses are strictly prohibited.
You agree to prevent any unauthorized copying of any of the Sites, or any of the
Materials contained therein. Any unauthorized use of a Site or any of the Materials
contained therein terminates this limited license effective immediately. This
is a license to use and access a Site for its intended purpose and is not a transfer
of title. Violators of this limited license may be prosecuted to the fullest extent
under law.
VIII. Restrictions on Use of Sites
You may use the Sites for purposes
expressly permitted by the Sites. You may not use the Sites for any other purpose,
including any commercial purpose, without DreamGirls' express prior written consent.
Without the express prior written authorization of DreamGirls, you may not: (a)
duplicate a Site or any of the Materials contained therein (except as expressly
provided above in Section VII); (b) create derivative works based on a Site or
any of the Materials contained therein; (c) use the Sites or any of the Materials
contained therein for any commercial purpose, or for any public display, public
performance, sale or rental; (d) distribute the Sites or any of the Materials
contained therein; (e) remove any copyright or other proprietary notices from
the Site or any of the Materials contained therein; (f) frame or utilize any framing
techniques in connection with the Sites or any of the Materials contained therein;
(g) use any meta-tags or any other "hidden text" using DreamGirls' name or marks;
(h) "deep-link" to any page of any of the Sites (including the homepage); (i)
circumvent any encryption or other security tools used anywhere on the Sites (including
the theft of user names and passwords or using another person's user name and
password in order to gain access to a restricted area of any of the Sites); (j)
use any data mining, robots or similar data gathering and extraction tools on
the Sites; (k) decompile, reverse engineer, modify or disassemble any of the software
aspect of the Materials except and only to the extent permitted by applicable
law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit,
time-share, use as a service bureau or otherwise assign to any third party the
Materials or any of your rights to access and use the Materials as granted in
Section VII above; or (m) bookmark any page of any Site beyond the membership
log-in screen. You agree to cooperate with DreamGirls in causing any unauthorized
use to cease immediately. At any time, if the Sites provide a service enabling
users to share information or communicate with other users, you hereby agree not
to publish, disseminate or submit any defamatory, offensive or illegal material
while using the Sites or other services included on the Sites. You are solely
responsible for submitting any material that violates any United States or International
laws even if a claim arises after your service is terminated, and, by doing so,
your actions shall constitute a material breach of this Agreement and the Sites
shall terminate all your rights under this Agreement. If users are allowed to
share information and communicate with other users, you agree that all materials
you submit will be accessible to other users and will not be secure or private.
You hereby agree that you have been noticed that all communications submitted
to the Sites can be accessed by agents, operators, and other users, regardless
if they are the intended recipients of the messages.
IX. Membership
A. Registration
You are responsible for providing all equipment
and the computer necessary to access the Sites. You may access the non-public
portion of any Site only by being a member in good standing to that Site. You
may become a member of a Site by completing an online registration form. Upon
submission of the online registration form, DreamGirls or its authorized agent
will process the application. In connection with completing the online registration
form, you agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete at all times while you are a member.
If you provide any information that is untrue, inaccurate,
not current or incomplete, or DreamGirls or any of its authorized agents have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, DreamGirls has the right to suspend or terminate your account
and refuse any and all current or future use of the Site or Sites.
B. Member Account, Password and Security
As part of the registration process, you will select a unique
user name and password which you must provide in order to gain access to the non-public
portion of a Site. You represent and warrant that you will not disclose to any
other person your unique user name and password and that you will not provide
access to any Site to anyone who is below the age of majority in your state. You
are solely responsible for maintaining the confidentiality of your user name and
password and are fully responsible for all activities that occur under your user
name and password. DreamGirls will not release your password for security reasons.
You agree to (a) immediately notify DreamGirls of any unauthorized use of your
user name and password or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. You are liable and responsible
for any unauthorized use of the Sites until you notify DreamGirls by email regarding
that unauthorized use. Unauthorized access to the Sites is illegal and a breach
of this Agreement. You may obtain access to your billing records regarding charges
of your use of the Sites upon request.
C. Fees
You agree to pay all membership
fees when due according to the billing terms. DreamGirls posts the current membership
fees for each Site as part of the registration process. DreamGirls reserves the
right to change any Site's membership fees at any time, with or without prior
notice to you. At the time of registration, you must select a payment method.
DreamGirls reserves the right to contract with a third party to process all payments.
Such third party may impose additional terms and conditions governing payment
processing. Your account will be deemed past due if it is not paid in full by
the payment due date. If your account becomes past due, you agree to pay interest
on the past due amount at a monthly rate of 1.5%, or the highest amount allowed
by law, whichever is lower, compounded daily, plus any additional collection costs,
credits, charge backs and attorney's fees. Your card issuer agreement may contain
additional terms with respect to your rights and liabilities as a card holder.
You are responsible for reimbursing DreamGirls for all credit card charge backs,
dishonored checks and any related charges. You authorize DreamGirls and its agents
to make payments for the services provided to you through the Sites by automatic
check debit and credit card on your behalf. You hereby agree not to falsely report
the credit card or check card lost or stolen, without good reason that it is lost
or stolen, that you have used for payment of DreamGirls' goods or services, including
subscriptions. Such fraudulent reporting to avoid payment for goods or services
that you or anyone under your authority has made to DreamGirls or the Sites when
you have an outstanding charge to DreamGirls shall make you liable to DreamGirls
for $25,000 in liquidated damages. This liability for liquidated damages is in
addition to any other liability you may incur for breaches of any other Terms
and Conditions in this Agreement.
D. Billing Errors
If you believe that you have
been erroneously billed, please notify us immediately of such error. If we do
not hear from you within thirty (30) days after such billing error first appears
on any account statement, such fee will be deemed acceptable by you for all purposes,
including resolution of inquiries made by your credit card issuer.
E. Refund Policy
DreamGirls does not provide cash refunds. We do, however, grant credits in the
form of free monthly memberships to resolve customer service issues. The billing
system used by DreamGirls or our authorized agents provides extensive credit card
fraud protection measures and our Sites include many features to protect users
from accidental charges. Therefore, refunds to your credit card will be provided
only under the rarest of circumstances such as persistent technical problems originating
with our equipment.
F. Download Limit
As a member in good standing, you may download
up to 500MB (500,000,000 bytes) of data each day. Upon reaching this limit, you
may be denied access to download any additional data until the beginning of the
next day.
X. Termination
You may cancel your membership at any time through the
third party who is processing your fees. Links to these third party processors
are located in the customer service area within the non-public portion of the
website. Otherwise you may cancel your membership by providing: (a) our customer
service department with a notice of your intent to cancel the membership at least
48 hours before the renewal date along with your user name and password; and (b)
any outstanding fees owed for your membership. You hereby agree to be personally
liable for any and all charges made by you for goods or services through your
use of the Sites. This Agreement's provisions shall survive its termination, unless
otherwise stated. Upon our processing of your request to cancel your membership,
you will no longer have access to the non-public areas of the Site or Sites to
which you were a member.
DreamGirls may terminate your access to a Site at any
time, with or without advance notice, if: (a) DreamGirls believes that you have
breached any material term of these Terms and Conditions, (b) if you fail to pay
any amount due by the payment due date; or (c) DreamGirls decides to cease operations
or to otherwise discontinue any of the Sites. Further, you agree that neither
DreamGirls nor any third party acting on our behalf shall be liable to you for
any termination of your membership or access to any of the Sites. You agree that
if your account is terminated by DreamGirls, you will not attempt to re-register
as a member without prior written consent from DreamGirls.
XI. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED
THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITES AND ALL MATERIALS CONTAINED THEREIN
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DREAMGIRLS MAKES NO REPRESENTATIONS
OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES DREAMGIRLS MAKE ANY REPRESENTATIONS OR
WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF
THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA. YOU UNDERSTAND THAT DREAMGIRLS CANNOT AND DOES NOT GUARANTEE OR WARRANT
THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES,
WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE
PROPERTIES. DREAMGIRLS DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE
OF THE INTERNET. DREAMGIRLS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTION ENTERED INTO THROUGH
THE SITES AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION
BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XII. Limitation of Liability
IN NO EVENT SHALL DREAMGIRLS (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS,
SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR
ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE,
OR INABILITY TO USE THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN
IF DREAMGIRLS HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR
ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY
IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF DREAMGIRLS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DREAMGIRLS'S
MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL
FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF NO MORE THAN
ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
XIII. Indemnity
You agree to defend, indemnify, and hold harmless DreamGirls, its officers,
directors, shareholders, employees, independent contractors and agents, from and
against any and all claims, actions, liabilities, costs, or demands, including
without limitation legal and accounting fees, for all damages directly, indirectly,
and/or consequentially resulting or allegedly resulting from your, or you under
another person's authority including without limitation to use, misuse, or inability
to use the Sites or any of the Materials contained therein, or your breach of
any of these Terms and Conditions. DreamGirls shall promptly notify you by electronic
mail of any such claim or suit, and cooperate fully (at your expense) in the defense
of such claim or suit. DreamGirls may participate in the defense of such claim
or defense at its own expense, and choose its own legal counsel, but is not obligated
to do so.
XIV. Links
Some web sites which are linked to the Sites are owned and
operated by third parties. Because DreamGirls has no control over such sites and
resources, you acknowledge and agree that DreamGirls is not responsible for the
availability of such external sites or resources, and does not screen or endorse
them, and is not responsible or liable for any content, advertising, services,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that DreamGirls shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such third-party content, goods
or services available on or through any such site or resource. If you decide to
access any such third party sites, you do so entirely at your own risk and subject
to any terms and conditions and privacy policies posted therein.
XV. Notice of Claimed Infringement
DreamGirls respects the intellectual property of others,
and we ask our users to do the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide DreamGirls' Copyright Agent
the following information:
(a) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
(b) description of the copyrighted work or other intellectual
property that you claim has been infringed;
(c) a description of where the material
that you claim is infringing is located on a Site;
(d) your address, telephone
number, and email address;
(e) a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law; and
(f) a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
You may send your Notice of Claimed Infringement to:
DreamGirls
Attn.: Jim Faile 301 West Platt Street, Suite 302, Tampa, FL 33606 Phone:(813)247-6999 Fax: (813)247-6994
CustomerService@DreamGirlsVideos.com.
Please do not sent other inquires or information
to our Designated Agent.
XVI. Notice and Takedown Procedures
DreamGirls reserves
the right at any time to implement a "notice and takedown" procedure upon receipt
of any notification of claimed infringement. DreamGirls reserves the right at
any time to disable access to, or remove any material or activity accessible on
or from any Site or any Materials claimed to be infringing or based on facts or
circumstances from which infringing activity is apparent.
XVII. Export Control
You understand and acknowledge that the software elements of the Materials on
the Sites may be subject to regulation by agencies of the U.S. Government, including
the U.S. Department of Commerce, which prohibits export or diversion of software
to certain countries and third parties. Diversion of such Materials contrary to
U.S. law is prohibited. You will not assist or participate in any such diversion
or other violation of applicable U.S. laws and regulations. You warrant that you
will not license or otherwise permit anyone not approved to receive controlled
commodities under applicable U.S. laws and regulations and that you will abide
by such laws and regulations. You agree that none of the Materials is being or
will be acquired for, shipped, transferred, or re-exported, directly or indirectly,
to proscribed or embargoed countries or their nationals or be used for proscribed
activities.
XVIII. Force Majeure
DreamGirls shall not be responsible for any failure
to perform due to unforeseen circumstances or to causes beyond our reasonable
control, including but not limited to: acts of God, such as fire, flood, earthquakes,
hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes,
acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages
in transportation, facilities, fuel, energy, labor or materials; failure of the
telecommunications or information services infrastructure; hacking, SPAM, or any
failure of a computer, server or software, including Y2K errors or omissions,
for so long as such event continues to delay DreamGirls' performance.
XIX. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising
out of or otherwise relating to these Terms and Conditions shall be governed by
the laws of the State of Florida, excluding its conflict of law provisions. The
parties agree that the United Nations Convention on Contracts for the International
Sale of Goods is specifically excluded from application to these Terms and Conditions.
The parties hereby submit to the personal jurisdiction of the state and federal
courts of the State of Florida. Exclusive venue for any litigation or arbitration
permitted under this Agreement shall be with the state and federal courts located
in Hillsborough County, Florida.
B. Rights to Injunctive Relief
Both parties acknowledge
that remedies at law may be inadequate to provide an aggrieved party with full
compensation in the event of the other party's breach, and that an aggrieved party
shall therefore be entitled to seek injunctive relief in the event of any such
breach, in addition to seeking all other remedies available at law or in equity.
C. Binding Arbitration
If there is a dispute between the parties arising out of
or otherwise relating to these Terms and Conditions, the parties shall meet and
negotiate in good faith to attempt to resolve the dispute. Arbitral Claims shall
include, but are not limited to, contract and tort claims of all kinds, and all
claims based on any federal, state or local law, statute, or regulation, excepting
only claims under applicable worker's compensation law and unemployment insurance
claims. If the parties are unable to resolve the dispute through direct negotiations,
then, except as otherwise provided herein, either party may submit the issue to
binding arbitration in accordance with the then-existing Commercial Arbitration
Rules of the American Arbitration Association. The arbitration shall be conducted
in Hillsborough County, Florida, and conducted by a single arbitrator, knowledgeable
in Internet and e-Commerce. The party bringing the action shall be responsible
for paying all costs for arbitration, including the arbitrator's fees. Each party
shall bear its own attorneys' fees (except if the matter is for the collection
of a debt owed in which case the prevailing party shall be awarded its attorneys
fees, all arbitration costs and the arbitrator fees (if applicable), in addition
to all other applicable remedies). The arbitrator shall have no authority to award
any punitive or exemplary damages; certify a class action; add any parties; vary
or ignore the provisions of these Terms and Conditions; and shall be bound by
governing and applicable law. The arbitrator shall render a written opinion setting
forth all material facts and the basis of his or her decision within thirty (30)
days of the conclusion of the arbitration proceeding. This Section shall not apply
to any breach (or any allegation which if true would constitute a breach) of any
matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS
THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
D. Assignment
The
rights and liabilities of the parties hereto will bind and inure to the benefit
of their respective assignees, successors, executors, and administrators, as the
case may be. Neither these Terms and Conditions nor any rights granted hereunder
may be sold, leased, assigned or otherwise transferred, in whole or in part by
you.
E. Severability
If for any reason a court of competent jurisdiction or an
arbitrator finds any provision of these Terms and Conditions, or any portion thereof,
to be unenforceable, that provision will be enforced to the maximum extent permissible
and the remainder of these Terms and Conditions will continue in full force and
effect.
F. Attorney's Fees
In the event of any litigation arising out of this
agreement, the prevailing party shall be entitled to attorney's fees, including
attorney's fees incurred on appeal.
G. No Waiver
No waiver of DreamGirls shall
be deemed a waiver of any subsequent default of the same provision of these Terms
and Conditions. If any term, clause or provision hereof is held invalid or unenforceable
by a court of competent jurisdiction, such invalidity shall not affect the validity
or operation of any other term, clause or provision and such invalid term, clause
or provision shall be deemed to be severed from these Terms and Conditions.
H. Headings
All headings are solely for the convenience of reference and shall not
affect the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the
parties with respect to your access and use of any of the Sites and the Materials
contained therein, and your membership with any of the Sites, and supersedes and
replaces all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter (except, to the extent applicable, any Download
Agreement or similar contract governing the parties' rights and responsibilities
in connection with any specific Materials downloadable from a Site). No amendment
to or modification of these Terms and Conditions will be binding unless in writing
and signed by a duly authorized representative of both parties.
J. Modifications
DreamGirls reserves the right to change any of the provisions posted herein and
you agree to review these Terms and Conditions each time you visit a Site. Your
continued use of a Site following DreamGirls' posting of any changes to these
Terms and Conditions constitutes your acceptance to such changes. DreamGirls does
not and will not assume any obligation to provide you with notice of any change
to these Terms and Conditions. Unless accepted by DreamGirls in writing, these
Terms and Conditions may not be amended by you.
K. Government Rights
The software
elements of the Materials have been developed at private expense and are "commercial
computer software" or "restricted computer software" within the meaning of the
FARs, the DFARs, and any other similar regulations relating to government acquisition
of computer software. Nothing contained herein will be deemed to: (1) grant any
government agency any license or other rights greater than are mandated by statute
or regulation for commercial computer software developed entirely at private expense,
or (2) restrict any government rights in any extensions or custom solutions provided
hereunder and developed at government expense.
L. Other Jurisdictions
DreamGirls
makes no representation that the Sites or any of the Materials contained therein
are appropriate or available for use in other locations, and access to them from
territories where their content may be illegal or is otherwise prohibited. Those
who choose to access the Sites from such locations do so on their own initiative
and are solely responsible for compliance with all applicable local laws.
XX. Consumer Rights Information - California Residents
This Section applies only to
California residents. In compliance with Section 1789 of the California Civil
Code, please note the following:
Name of Service Provider: DreamGirls, Inc.
Contact
Information: 301 West Platt Street, Suite 302, Tampa, FL 33606.
Users who wish to gain access
to the members-only section of any of the DreamGirls Sites must be a member in
good standing. DreamGirls posts the current membership fees for each Site prior
to the registration page for each Site. DreamGirls reserves the right to change
the membership fees at any time. Users may contact DreamGirls at customerservice@DreamGirlsVideos.com
in order to resolve any billing disputes or to receive further information about
any of the Sites.
COMPLAINTS - CALIFORNIA RESIDENTS
The Complaint Assistance Unit
of the Division of Consumer Services of the Department of Consumer Affairs may
be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone
at 1-916-445-1254.