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TERMS
OF USE
Welcome
Welcome to Davidlynch.com. This site, currently located on the Internet
at www.davidlynch.com (the "Site"), is maintained by Absurda
dba davidlynch.com and/or its affiliates ("we" or "us")
for your personal entertainment, information, education and communication.
Your access to and use of the Site is also subject to the following terms
and conditions ("Terms and Conditions") and all applicable laws.
By accessing and browsing the Site or becoming a member, you accept and
agree to be bound by, without limitation or qualification, the Terms and
Conditions. Please read the Terms and Conditions. If you do not agree
to the Terms and Conditions, please do not use the Site or any services
provided in connection with the Site.
We may at any time revise the Terms and Conditions without notice to you.
You are bound by any such revisions and should therefore periodically
visit this page to review the then-current Terms and Conditions.
Membership
To become a member you must sign up via the online forms provided. The
fee for site membership is $9.97 per 30 days, $26.80 per 90 days, $51.37
per 180 days and $99.07 per 365 days. This fee entitles the payee use
of the site until membership is canceled. After cancelling a membership
the user will have use of the site for the remaining days on his/her monthly(30
day), quarterly(90 day), semi-yearly(180 day) or yearly(365 day) licence.
No refunds will be issued for remaining days after cancellation.
Example: You are eligible to become a member of the Site if you are over
18. If you register with the Site as a member, you may have access to
member-only services (e.g.,the entire website). When using such services,
you, as well as we, shall be bound by these Terms and Conditions and any
posted guidelines or rules applicable to such services, which may be posted
from time to time. All such guidelines or rules are hereby incorporated
by reference into these Terms and Conditions.
When registering as a member, you represent that you are 18 years of age
or older and agree to provide truthful information about yourself as requested
by the registration form and update the information to keep it truthful
and current. If you do not provide truthful or complete information, or
if we have reason to believe that information is untruthful or incomplete,
then we may suspend or terminate your account.
Upon registering as a member of the Site, you will give yourself a user
name and password. You are responsible for keeping your user name and
password confidential and are fully responsible for all activity occurring
under the use of your user name. You agree to notify us immediately if
there is an unauthorized use of your user name or password.]
Conduct
By using the Site or registering as a member, you agree to the following
rules. Failure to comply with these rules may lead to the cancellation
of your membership and/or a denial of access to the Site.
Respect other users. You are prohibited from posting or transmitting any
defamatory, inaccurate, abusive, libelous, defamatory, scandalous, inflammatory,
obscene, profane, vulgar, threatening, offensive or illegal material or
any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability or otherwise
violate any law. You acknowledge that we do not screen user-created content
before it is posted or transmitted, but we reserve the right in our sole
discretion (but are not obligated) to review and edit, delete or refuse
to post any material submitted for display or placed on the Site, including
bulletin boards, chat rooms, discussions and/or emails. Without limiting
the foregoing, we and our designees shall have the right to remove any
material that violates this these Terms and Conditions, that we believe
in good faith may create liability for us or that we deem is otherwise
objectionable. You acknowledge and agree that we may preserve material
and may disclose material and the identity of anyone posting material
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce these Terms and Conditions; (c) respond to claims that any
material violates the right of third parties; or (d) in our sole judgment,
protect the rights, property, or personal safety of the Site, its users
or the public.
You may use the Site for lawful purposes only. You may not post or transmit
any material that violates the rights of others, infringes a person's
intellectual property rights (such as copyrights, patents or trademarks),
is otherwise unlawful or encourages unlawful activity or could give rise
to civil liability. Posting or transmission of any material that violates
any federal, state or local law or regulation is prohibited, and we reserve
the right to notify law enforcement authorities in such event.
You may not post or send advertising or other solicitations. You may not
post any unsolicited or unauthorized advertising, promotions, junk mail,
spam, chain letters or any other form of solicitation.
Respect the security of the Site. You agree not to access, or attempt
to access, other members' accounts, and you agree not to interfere with
or disrupt the Site or any servers connected to the Site. You agree not
to distribute any content that contains any viruses, trojan horses, worms,
time bombs, cancelbots or other computer-programming routines that are
intended to damage, interfere with or intercept any data or personal information.
Privacy
The information that you provide when you register and other information
about you is subject to our privacy policy, which can be viewed at the
Privacy Policy liink at the bottom of every page.
Public Areas
A public area of the Site is any area where you may submit material ("Submissions")
for viewing by others or view Submissions of other users, such as message
boards, forums, discussions or chat rooms ("Public Areas").
You agree to use Public Areas in accordance with these Terms and Conditions
and any policies for the Public Areas that are displayed on the Site.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY US AND
HOLD US HARMLESS FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS
FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE,
ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public Area, you automatically grant us
the royalty-free, perpetual, irrevocable, nonexclusive right and license
to use, reproduce, modify, adapt, publish, translate, publicly perform
and display and distribute the content of the Submission (in whole or
in part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed, for the full term
of any rights that may exist in such content. You also permit any other
user of the Site to access, display, view, store and reproduce the Submission
for personal use.
While we are always happy to hear from you, it is our policy not to accept
or consider creative materials, ideas or suggestions other than those
that we specifically request. This is to avoid any misunderstandings if
your ideas are similar to those that we have developed independently.
Therefore, we must request that you not send to us any original creative
materials such as screenplays, stories, original artwork, etc. Any communication
or material that you do transmit to the Site by electronic mail or otherwise
will be treated as non-confidential and non-proprietary. Anything you
transmit or post may be used by us or our affiliates for any purpose,
including, without limitation, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, we are free to use any
ideas, concepts, know-how or techniques contained in any communication
that you send to the Site for any purpose whatsoever including, without
limitation, developing, manufacturing and marketing products using such
information.
Links
Our provision of a link to any other site or location is for your convenience
and does not signify our endorsement of such site or location or its contents.
We have not reviewed all of the sites linked to the Site and are not responsible
for the content of any off-site pages or any other sites linked to the
Site or for any information, software or links found at any other World
Wide Web site, Internet location or source of information, for your use
of such information or for e-commerce transactions conducted at or through
any linked site or location. Your linking to any other off-site pages
or other sites is at your own risk.
Products
With respect to products and services for sale by us and third parties
through the Site: additional terms, including but not limited to pricing,
method of payment, shipping and handling, credit card information, sales
tax, return and refund policies and applicable privacy policies, may be
set forth on the screen where you make the purchase. All orders are subject
to availability of products and acceptance of orders by us. We reserve
the right to reject any order and to limit quantities. We do not warrant
that product descriptions, prices or other content on the Site are accurate,
complete, reliable, current or error-free. We have no obligation to honor
incorrect pricing or other information, whether resulting from typographical
errors or otherwise. If a product offered on the Site is not as described,
the sole remedy is to return it for a refund.
Equipment
Equipment requirements are clearly posted on the site and may be updated
or altered as necessary. Please check these postings regularly. Please
note that while every effort has been made to ensure ease of downloads
through file compression and other technical means, we believe that the
Site is best accessed through a broadband connection to the Internet.
Security
Security for all personally identifiable information is extremely important
to us. Unfortunately, no data transmission over the Internet can be guaranteed
to be 100% secure. As a result, we cannot and do not ensure or warrant
the security of any information you transmit to us or from our online
products or services, and you transmit information at your own risk.
Adult Material/Notice to Parents
This is a rated site. Please pay close attention to ratings posted before
relevant areas. Please refer to our rating page for purposes of determining
whether or not the content is appropriate for you. Although the Motion
Picture Association of America (MPAA) does not mandate a rating system
for Internet content, and although we are not members of the MPAA, we
are currently using the MPAA rating system for your convenient reference.
We have created certain areas on the Site that may contain adult content,
including but not limited to violence, nudity and sexuality. Such areas
will be identified by a content notification page. You must be at least
18 years old to access such areas. By using such areas, you certify that:
you are over 18 years of age; by viewing such content, you are not violating
the laws of the jurisdiction in which you are located; you will not permit
any person(s) under 18 years of age to have access to any of the material
contained within such areas; you are voluntarily choosing to access such
areas because you want to view, read and/or hear the material that is
available in those areas; and you will exit from such areas immediately
if you are in any way offended by the nature of any material.
We believe that parents should supervise their children's online activities
and consider using parental control tools available from online services
and software manufacturers that may help provide a child-friendly online
environment. These tools may also prevent children from disclosing online
their name, address and other personal information without parental permission.
Personal information about or obtained from a child will not be used for
commercial or trade purposes without the prior written consent of a parent
or legal guardian of the child.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION,
ANY MATERIAL AND/OR DATA DEVELOPED BY US OR BY THIRD PARTIES ("INFORMATION
PROVIDERS"), IS AT YOUR SOLE RISK. THE SITE, AND ANY CONTENT AND
MATERIALS AVAILABLE THROUGH THE SITE, ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY. WE AND THE INFORMATION PROVIDERS HEREBY EXPRESSLY
DISCLAIM ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
TITLE OR NONINFRINGEMENT, OR ANY WARRANTY AS TO RESULTS THAT MAY BE OBTAINED
THROUGH THE USE OF THE SITE. WE DO NOT REPRESENT OR WARRANT THAT THE SITE
WILL FUNCTION WITHOUT INTERRUPTION, THAT THE SITE IS ERROR- OR DEFECT-FREE,
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SITE AND THE
SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU
OBTAIN FROM US OR OTHERWISE THROUGH YOUR USE OF THE SITE SHALL CREATE
ANY WARRANTY ON THE PART OF US OR THE INFORMATION PROVIDERS. FURTHER,
WE AND THE INFORMATION PROVIDERS DO NOT WARRANT OR REPRESENT THAT THE
USE OR THE RESULTS OF THE USE OF ANY CONTENT OR MATERIALS MADE AVAILABLE
THROUGH THE SITE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY,
RELIABLE OR OTHERWISE.
Limitations on Liability
IN NO EVENT SHALL WE, THE INFORMATION PROVIDERS OR ANY OTHER PERSON OR
ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES, HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING,
WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, BREACH
OF CONTRACT OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OR INABILITY
TO USE THE SITE, ANY CHANGES TO THE SITE OR THESE TERMS AND CONDITIONS,
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTIONS
ENTERED INTO THROUGH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT
NEITHER WE NOR THE INFORMATION PROVIDERS NOR ANY OTHER PERSON OR ENTITY
INVOLVED IN CREATING OR DISTRIBUTING THE SITE SHALL BE LIABLE FOR ANY
DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING
OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. WE
ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT
OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE
DISSATISFIED WITH THE SITE OR THE SERVICES, CONTENT OR MATERIALS AVAILABLE
ON OR THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE
EVEN IF WE OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
Allocation of Risk
YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY
AND INDEMNIFICATION PROVISIONS SET FORTH IN THIS AGREEMENT REPRESENT AN
AGREED-UPON ALLOCATION OF RISK BETWEEN YOU AND US AND FORM AN ESSENTIAL
PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, WITHOUT WHICH WE
WOULD NOT ENTER INTO THIS AGREEMENT OR PROVIDE THE SITE.
Indemnity
You agree to indemnify, defend and hold us, the Information Providers
and any other person or entity involved in creating or distributing the
Site, as well as each of their respective affiliates and their respective
officers, directors, owners, agents, employees and licensors (collectively,
the "Indemnified Parties") harmless from and against any and
all claims, liabilities, losses, costs, damages and expenses (including
attorneys' fees) incurred by any Indemnified Party in connection with
(a) your breach of these Terms and Conditions; (b) your use of, or conduct
with respect to, the Site and (c) any content that you submit or post
on the site. We reserve the right, at our expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with our defense of such
claim.
Ownership of Materials
The contents of the Site are the property of us and/or our licensors and
are protected by copyright, trademark and other intellectual property
laws. We make the Service available to you for your personal use only
and on the express condition that you do not copy, modify, create a derivative
work of, reverse engineer, revise, assemble or otherwise attempt to discover
any source code; or sell, assign, sublicense, grant a security interest
in or otherwise transfer any of the contents of this Site or the software
used to deliver this Site to you, except only that you may download one
copy onto a single computer for your personal, non-commercial use.
Images of people or places displayed on the Site are either the property
of, or used with permission by, us. The use of these images by you, or
anyone else authorized by you, is prohibited unless specifically permitted
by these Terms and Conditions. Any unauthorized use of the images may
violate copyright laws, trademark laws, the laws of privacy and publicity
and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks")
displayed on the Site are registered and unregistered Trademarks of us
and others. Nothing contained on the Site should be construed as granting,
by implication, estoppel or otherwise, any license or right to use any
Trademark displayed on the Site without the express prior written permission
of us or such third party that may own such Trademark. Your misuse of
the Trademarks displayed on the Site or any other content on the Site
is strictly prohibited.
Please be advised that we will aggressively enforce our intellectual property
rights to the fullest extent of the law, including the seeking of criminal
prosecution.
International Laws - Usage and Software
The
Site is controlled and operated by us from our offices within the State
of California, United States of America. We make no representation that
materials in the Site are appropriate or available for use in other locations
and other countries. Those who choose to access the Site from other locations
do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable.
Software from the Site is further subject to United States Export Controls.
No software from the Site may be downloaded or exported (i) into (or to
a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria
or any other country to which the United States has embargoed goods; or
(ii) anyone on the United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the software, you represent and warrant that you
are not located in, under the control of or a national or resident of
any such country or on any such list.
Choice of Law/Jurisdiction and Venue
These Terms and Conditions shall be governed by, construed and enforced
in accordance with the laws of the State of California, as it is applied
to agreements entered into and to be performed entirely within such State.
Any action that you, any third party or we bring to enforce these Terms
and Conditions or in connection with any matters related to the Site shall
be brought only in either the State or Federal Courts located in Los Angeles
County, California, and you expressly consent to the jurisdiction of said
courts.
Service
Contact
You may e-mail your requests for customer support at support@davidlynch.com,
or you may call our Customer Service Center at 949-250-9051 Monday –
Friday from 9AM to 5PM pacific time excluding holidays.
Cancellation
You may cancel your membership to DavidLynch.com at anytime by accessing
the ADMINISTRATION section of the site located off the member’s
SWITCHBOARD. You may also cancel your membership by e-mailing customer
support at support@davidlynch.com
or calling our Customer Support number at 949-250-9051 or writing us at
Davidlynch.com 16782 Red Hill Ave., Suite B, Irvine, CA 92677. After canceling
a membership the user will have use of the site for the remaining days
of his/her monthly, quarterly, semi-yearly or yearly license. No refunds
will be issued for remaining days after cancellation.
General
These Terms and Conditions contain the complete and final statement of
the understanding between you and us with respect to, and supercedes any
and all prior or contemporaneous negotiations, agreements or communications,
whether written or oral, between you and us concerning, the subject matter
of these Terms and Conditions. If any provision of these Terms and Conditions
is rendered by a court or governmental agency of competent jurisdiction
to be invalid, illegal or unenforceable, such invalidity, illegality or
unenforceability shall not affect the remainder of these Terms and Conditions,
which shall remain in full force and effect and be enforced in accordance
with their remaining terms. The waiver by us of a breach or default of
any of the provisions of these Terms and Conditions by you shall not be
construed as a waiver of any succeeding breach of the same or other provisions,
nor shall any delay or omission on the part of us to exercise or avail
ourselves of any right, power or privilege that we have or may have hereunder
operate as a waiver of any breach or default by you. You agree that, regardless
of any statute or law to the contrary, any claim or cause of action that
you may have arising out of or related to use of the Site or these Terms
and Conditions must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in these Terms
and Conditions are solely used for convenience and have no legal or contractual
significance.
All rights reserved. Do not duplicate or redistribute in any form.
© 2005 Absurda dba davidlynch.com
Include address and contact information here.
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