Welcome to DVWN Service
DVWN, LLC. provides its service to you subject to the following
Terms and Conditions of Use Agreement. Please read this agreement
carefully!
TERMS AND CONDITIONS OF USE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER")
AND DVWN, INC. ("WE", "US",
OR "DVWN") THAT STATES THE MATERIAL
TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE DVWN SERVICE.
THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL
TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF DVWN'S
RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT"
BETWEEN YOU AND DVWN. BY ACCESSING THE DVWN SITE AND USING ANY
OF THE DVWN SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
1.
Definition of the DVWN Service. DVWN is the creator
and provider of a service (the "DVWN Service")
that permits users to select proprietary video and audio consisting
of licensed and original audio content (collectively, the "DVWN
Content") through means including but not limited
to (i) DVWN's Web site, DVWN.com, and such other or successor
domain names as may be operated, acquired, or used from time to
time by DVWN (collectively, "DVWN Site"),
(ii) wired and wireless connections, and (iii) telephony based
networks; and to playback such DVWN Content on a computer or hardware
device ("Device") using DVWN's proprietary
application (or other third party software application specifically
approved by DVWN that meets the then-current specifications) and/or
any other software the user accesses, downloads, or otherwise
receives for use in connection with the DVWN Service, including
but not limited to Beta (pre-release) versions thereof (collectively,
the "DVWN Software"). For certain business
partners and affiliates of DVWN, the DVWN Service also includes
distribution of Devices and other goods, production services for
the creation of digital video and audio from text, audio, and
video materials, and the creation of private distribution channels
for delivery of proprietary audio, DVWN Content, and/or special
aggregations or versions of DVWN Content.
2.
Requirements for Use of the DVWN Service. The DVWN Service
is for individuals over 18 years of age who can form legally binding
contracts under applicable law. If you do not meet the foregoing
or other applicable requirements, you may not use the DVWN Service.
3.
Privacy. DVWN's Privacy Policy is expressly incorporated herein
by reference and made a part of this Agreement.
4.
Your Information. You agree to provide current, complete,
and accurate information required to complete your registration
with the DVWN Service and at other points as may be required in
the course of using the DVWN Service (such information will be
referred to herein, collectively, as "Registration
Data"). You further agree to maintain and update
Registration Data as required to keep it current, complete, and
accurate. You shall not use a false or misleading name or a name
that you are not authorized to use. If any information you provide
is false, incomplete, or inaccurate, we may terminate your rights
to any or all of the DVWN Service. If the information you provide
is fraudulent, you may also be subject to criminal and/or civil
liability. You agree that we may store and use Registration Data
you provide (including credit card information) for use in maintaining
your accounts and billing DVWN fees to your credit card.
5.
User Account, Password, and Security.
a.
Account and Password. As a registered user of the DVWN Service,
you may receive or establish one or more passwords and accounts
("DVWN Account(s)"). You are solely
responsible for maintaining the confidentiality and security of
your passwords and DVWN Accounts. You may not divulge your password
to anyone else or use anyone else's password or DVWN Account.
You are entirely responsible for all activities that occur on
or through your DVWN Account(s), and you agree to notify us immediately
about any unauthorized use of DVWN Accounts or any breach of security.
You agree that we will not be responsible for any losses incurred
in connection with any misuse of passwords and you further agree
that we will have no responsibility whatsoever for your failure
to comply with this Paragraph. Your breach of this Paragraph may
result in immediate termination of your DVWN Account(s), and may
also subject you to criminal or civil liability.
b.
Security, Cracking and Hacking. You shall not
violate or attempt to violate the security of the DVWN Service.
Accordingly, you shall not: (i) access data or materials not intended
for you; (ii) log into a server or account which you are not authorized
to access; or (iii) attempt to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization. Violations of system or
network security may result in civil or criminal liability. We
reserve the right to investigate occurrences which may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who have participated in such
violations. You agree that it is your responsibility to install
anti-virus software and related protections against viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, destroy, disrupt
or otherwise impair a computer's functionality or operation which
may be transferred to your computer via the DVWN Service.
6.
Grants of Licenses
a.
DVWN Content License. When you "clickout" or otherwise
"purchase" (referred to herein, collectively as "Purchase")
DVWN Content from the DVWN Service, DVWN grants you a limited,
revocable, non-exclusive, non-transferable license to download
or stream such DVWN Content to your computer and/or your Device(s)
solely for your personal non-commercial use. You shall not copy,
reproduce, distribute or use the DVWN Content in any other manner.
You shall not sell, transfer, lease, modify, distribute or publicly
perform the DVWN Content in any manner and you shall not exploit
it commercially. Do not (A) decompile, disassemble, or reverse
engineer the DVWN Content or attempt to do so; or (B) modify the
DVWN Content or create any derivative works therefrom. This license
to the DVWN Content you Purchase will continue for as long as
your copy of DVWN Content exists pursuant to and in accordance
with the terms and conditions of this Agreement.
b.
Site Access License. DVWN grants you a limited, revocable,
non-exclusive, non-transferable license to access and make personal
non-commercial use of the DVWN Site and not to download (other
than page caching) or modify all or any portion of the DVWN Site.
This license does not include any resale or commercial use of
the DVWN Site or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of the DVWN
Site or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools. The DVWN
Site and/or any portion of the DVWN Site may not be reproduced,
duplicated, copied, sold, resold, visited or otherwise exploited
for any commercial purpose without our express written consent.
You shall not frame or utilize framing techniques to enclose any
trademark, logo or other proprietary information (including images,
text, page layout or form) of DVWN, its content providers or its
affiliates without express written consent. You shall not use
any Meta tags or any other "hidden text" utilizing our
name or trademarks without our express written consent. Any unauthorized
use automatically terminates the permissions and/or licenses granted
by us to you. You are granted a limited, revocable, non-exclusive,
non-transferable right to create a hyperlink to the home page
of the DVWN Site so long as the link does not portray us, our
content providers, our affiliates, or our products or services
in a false, misleading, derogatory or otherwise offensive manner.
You may not use any DVWN logo or other proprietary graphic or
trademark as part of the link without express written permission.
c.
No Other License. Except as expressly stated herein, no
rights or licenses are granted hereunder.
7.
A La Carte and DVWN Plans
a.
A La Carte and DVWN Plans. You may purchase DVWN Content on
an A La Carte basis), or by participating in one of the several
plans we offer for purchasing DVWN Content. These plans, including
Membership Plans, will be referred to herein, collectively, as
"DVWN Plan(s)" , which is expressly
incorporated herein by reference and made a part of this Agreement.
b.
Cancellation of your DVWN Plan.You may cancel
your subscription to particular DVWN Content ("Subscription")
online at support@dvwn.com.
8.
Right to Change Prices. Prices of all DVWN Content, including
but not limited to Subscriptions, are subject to change upon notice
from us. Such notice may be provided at any time by posting the
changes to the DVWN Site or the DVWN Service. Prices of DVWN Membership
Plans are subject to change upon notice. In the event of such
a change, you will have the right to cancel your Membership Plan
without penalty within 1 hour of receipt of notice, effective
as of the date of the next billing cycle.
9.
Agreement to Pay. You agree that you will pay timely, and
that we may charge your credit card for any DVWN Content, Subscription,
DVWN Plan, and for any additional amounts (including any taxes
and late fees, as applicable) as may be accrued by or in connection
with your DVWN Account(s) (collectively, "DVWN Fees").
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL DVWN FEES AND
FOR PROVIDING DVWN WITH A VALID CREDIT CARD FOR PAYMENT OF ALL
DVWN FEES. All DVWN Fees will be billed to the credit card you
designated during the registration process. If you want to designate
a different credit card or there is a change in your credit card
status, you must change your credit card information online at
the "My Account" section of the DVWN
Site or by contacting Customer Service at support@dvwn.com. (There
may be a temporary disruption in the ability to use the DVWN Service
until DVWN can verify the validity of the new credit card information.)
You agree that DVWN may use all legal means available to collect
DVWN Fees should our attempts to charge your credit card on record
fail for any reason. DVWN will charge you for any collection agency
and legal fees it pays while collecting DVWN Fees from you.
10.
Electronic Signatures and Contracts. Your use of the DVWN
Service includes the ability to enter into agreements and/or to
make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC
SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY
SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL
ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS
YOU ENTER INTO ON THIS SITE.
YOU CONSENT TO DVWN PROVIDING YOU ANY INFORMATION THAT DVWN IS
REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER
TRANSACTIONS ("REQUIRED INFORMATION")
IN ELECTRONIC FORM. DVWN MAY PROVIDE REQUIRED INFORMATION TO YOU
(1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR DVWN
MEMBERSHIP SUBMISSION, (2) BY ACCESS TO A DVWN WEBSITE THAT WILL
BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE
INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO A DVWN WEBSITE THAT
WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. YOU
MAY REQUEST PAPER COPIES, WITHDRAW YOUR CONSENT, OR UPDATE YOUR
E-MAIL ADDRESS BY FOLLOWING THE INSTRUCTIONS AT WWW.DVWN.COM.
DVWN MUST RECEIVE YOUR PAPER COPY REQUEST WITHIN 120 DAYS FROM
THE DATE THAT DVWN FIRST PROVIDED THE REQUIRED INFORMATION TO
YOU.
IN ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS,
YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER
CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING
THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING
WEB PAGES.
NOTWITHSTANDING YOUR CONSENT AS SET FORTH IN THIS SECTION, YOU
MAY AT ANY TIME OBTAIN A PAPER COPY OF AN ELECTRONIC RECORD BY
SENDING AN E-MAIL TO US AND PAYING A NOMINAL FEE PER COPY.
YOUR CONSENT TO ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY
FOR USE OF THE DVWN SERVICE. YOU MAY WITHDRAW CONSENT BY SENDING
DVWN AN E-MAIL CONTAINING INFORMATION UNIQUE TO YOU INCLUDING
YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A TERMINATION
OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE DVWN SERVICE.
11.
Delivery of DVWN Content. All DVWN Content will be delivered online
at the DVWN Site.
12.
Availability of DVWN Content. We will exercise reasonable efforts
to provide the DVWN Content in a timely manner. On occasion, technical
or supplier problems may delay or prevent delivery. You acknowledge
and agree that availability of DVWN Content that is not yet created
at the time of acceptance of this Agreement (such as time-dated
programming) is subject to the creation of such programs by the
supplier. Your exclusive and sole remedy with respect to DVWN
Content that is not delivered within a reasonable period will
be replacement of such DVWN Content with comparable programs or
a pro rata extension of the applicable subscription period.
13.
Intellectual Property.
a.
Removal of DVWN Content or other Materials. Notwithstanding
any other provision of this Agreement, we reserve the right to
remove or disable access to any DVWN Content or other materials
comprising a part of the DVWN Service that violate or otherwise
allegedly infringe on the copyright or other intellectual property
or proprietary rights of any person, company or other entity.
We will in no event be liable for the good faith removal of or
disabling of access to any such DVWN Content or materials under
this Agreement.
b.
Copyrights. All copyrights in and to the DVWN Service materials
including but not limited to the DVWN Site (including the compilation
of content, postings, links to other Internet resources and descriptions
of those resources), DVWN Content, Subscriptions, DVWN Software,
or any parts of or content within the DVWN Site, DVWN Content,
Subscriptions and DVWN Software, are owned by DVWN and/or its
suppliers and/or licensors. THE USE OF ANY SOFTWARE OTHER THAN
WEB BROWSERS AND DVWN SOFTWARE ON OR IN CONNECTION WITH THE DVWN
SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE DVWN SITE OR ANY OF
THE PAGES OF THE DVWN SITE, IS STRICTLY PROHIBITED AND INFRINGES
ON THE COPYRIGHTS IN AND TO THE DVWN SERVICE MATERIALS. REPRODUCTION
OR USE OF THE DVWN SERVICE MATERIALS IN A MANNER OTHER THAN AS
SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL
AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR
COPYRIGHT INFRINGEMENT.
c.
Digital Millennium Copyright Act. We respect the
intellectual property of others. If you believe that your copyrighted materials
have been copied in a way that constitutes copyright infringement, please
follow the procedure set forth in our Digital Millennium Copyright Act Notice
Policy, which is expressly incorporated herein by reference and made
a part of this Agreement.
d.
Trademarks. DVWN.com and other DVWN trademarks, service marks, graphics
and logos used in connection with the DVWN Service are trademarks
or registered trademarks of DVWN, Inc. in the U.S. and/or other
countries. Other trademarks, service marks, graphics and logos
used in connection with the DVWN Service are the trademarks of
their respective owners. You are granted no right or license with
respect to any of the aforedescribed trademarks or service marks
and any unauthorized use is strictly prohibited.
e.
Patents. The DVWN Service may be covered by U.S. Patent Nos. 5,926,624,
D409,193, 5,872,712, 5,790,423 and 6,158,005, and others, however
no license to these patents is required for your use of the DVWN
Service in accordance with this Agreement and no such license
is granted.
14.
Termination.
a.
Termination By DVWN. If you fail, or we suspect that you have
failed, to comply with any of the provisions of this Agreement,
including but not limited to failure to make payment of DVWN Fees
due, failure to provide DVWN with a valid credit card or with
accurate and complete Registration Data, failure to safeguard
your DVWN Account information and password, or violation of the
DVWN Content License or the DVWN Site Access License or any license
to DVWN Software, DVWN, at its sole discretion, may: (A) terminate
this Agreement and/or your DVWN Account and you will remain liable
for all amounts due under your DVWN Account up to and including
the date of termination; and/or (B) terminate the DVWN Content
License, the DVWN Site Access License and/or licenses to DVWN
Software; and/or (C) preclude access to the DVWN Service (or any
part thereof). We will notify you if we take any of the foregoing
actions.
b.
Termination of the Service. We reserve the right to modify,
suspend or discontinue the DVWN Service (or any part thereof)
or any DVWN Content (or any part thereof) at any time with or
without notice to you, and we will not be liable to you or to
any third party should we exercise such rights. In the event that
we exercise such right, you may be entitled to a refund, in our
sole discretion, depending upon your DVWN Plan and the other Purchases
you have made from the DVWN Service.
15.
General Compliance with Laws; Export Restrictions. The DVWN Service is
controlled and operated by us from our offices within the United
States. You agree to comply with all local, state, federal, national
and international laws, statutes, ordinances and regulations that
apply to your use of the DVWN Service, including as they relate
to export or re-export into (or to a national or resident of)
any country to which the United States embargoes goods or to anyone
on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of
Denial Orders.
16.
No Responsibility for Third Party Materials or Web sites. Certain content,
DVWN Content, products and services available via the DVWN Service
may include materials from third parties. In addition, we may
provide links to certain third party Web sites. With respect to
such material, we are a distributor, not a publisher. You acknowledge
and agree that we have little or no control over, and are not
responsible for examining or evaluating the content or accuracy
of any such third party material or Web sites. DVWN does not warrant
or endorse and does not assume and will not have any liability
or responsibility for any third party materials or Web sites,
or for any other materials, products or services of third parties.
Links to other Web sites are provided solely as a convenience
to you.
17.
Limited Express Warranty. Except as expressly provided herein, the DVWN
Service is provided "AS IS" and "AS AVAILABLE".
The DVWN Service is only warranted as stated below:
DVWN warrants that the media in which the DVWN Content is provided
will be free from material defects on delivery. If you find a
defect in DVWN Content, your sole remedy (provided you meet the
registration, technical and payment requirements for use of the
DVWN Service) is to contact DVWN Customer Service at support@dvwn.com
and DVWN will consult with you on proper downloading procedures
and hardware requirements. If, thereafter, you are still unable
to download a working copy of DVWN Content, you may attempt at
a later time to download a new copy of the DVWN Content
DVWN warrants that the DVWN Content that you license directly
through the DVWN Service will be of a quality suitable for human
viewing and listening and will consist of the DVWN Content that
was offered via the DVWN Service, if obtained pursuant to DVWN's
instructions using equipment that is in good operating condition
and meets the specifications for the DVWN Service as provided
by DVWN. In the event the DVWN Content is incomplete or not as
warranted above, DVWN will provide you with replacement DVWN Content
or a credit on your DVWN Account for the defective material, as
determined by DVWN in its sole discretion, if you advise DVWN
of the defect within 2 hours of first downloading the material
by e-mailing support @dvwn.com. You will be asked to document
the defect. A credit can be applied to the Purchase of the same
or other DVWN Content.
There is no warranty, express or implied, on the content, quality,
or technical compatibility of audio materials and information
services downloaded through the DVWN Service but not under the
control of DVWN.
The foregoing warranties do not cover defects caused by viruses,
disabling codes, accident, mishandling, misuse, improper installation,
service or maintenance, modification of the DVWN Software or DVWN
Content or the media on which the DVWN Software and DVWN Content
are furnished, or the user's lack of the necessary hardware/software.
NO DVWN EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED
TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED
IN THIS PARAGRAPH. THE EXPRESS WARRANTIES STATED ABOVE ARE IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.
18.
Limitation on Liability.
IN NO EVENT SHALL DVWN HAVE ANY LIABILITY WHATSOEVER
FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE,
OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, INCLUDING WITHOUT
LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER
DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING
FROM OR USE OF THE DVWN SERVICE. IN NO EVENT SHALL DVWN HAVE ANY
LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR
DVWN ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING
OF ANY DVWN CONTENT. SUBJECT TO THE AVAILABILITY OF THE DVWN CONTENT
AND DVWN'S LIMITED EXPRESS WARRANTY HEREIN, DVWN IS NOT RESPONSIBLE
FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS,
OR RELIABILITY OF THE DVWN CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS
FROM OR THROUGH THE DVWN SERVICE.
WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY,
INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL
DVWN OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE
OR INABILITY TO USE DVWN ACCOUNT(S), DVWN SOFTWARE, DVWN CONTENT
OR THE DVWN SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN NO EVENT SHALL DVWN BE LIABLE FOR ANY DIRECT DAMAGES ARISING
IN CONNECTION WITH THE DVWN SERVICE (OR ANY PART THEREOF) IN EXCESS
OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR
SOFTWARE OR CONTENT GIVING RISE TO THE DAMAGE, OR (B) TWO HUNDRED
FIFTY DOLLARS (US$250).
Some states do not allow the exclusion of implied
warranties or incidental or consequential damages, so the above
exclusion thereof may not apply to you. This Agreement gives you
specific legal rights, and you may also have other rights that
vary from state to state.
19.
Indemnity. You agree to indemnify and hold harmless DVWN, its affiliates,
subsidiaries, shareholders, officers and directors, agents, employees,
and partners from any third party claim or demand, including reasonable
attorneys' fees for damages and/or costs due to or arising out
of your breach of this Agreement and/or your use of the DVWN Service,
DVWN Software, Devices and/or the DVWN Content.
20.
Governing Law. This Agreement will be exclusively governed
by the laws of the State of New Jersey without regard to its principles
on the conflicts of laws.
21.
Arbitration. Any controversy or claim arising out of or relating to
this Agreement or its breach, with the exception of injunctive
relief sought by DVWN for any violation of DVWN's intellectual
property or other proprietary rights or of the licenses granted
pursuant to this Agreement, will be settled by arbitration in
accordance with the then-current Commercial Arbitration Rules
of the American Arbitration Association, if you are domiciled
outside the United States, then the dispute will be resolved by
arbitration under the then-current International Arbitration Rules
of the American Arbitration Association. The location of the arbitration
shall be Newark, New Jersey, USA.
22.
Changes. We reserve the right, at any time and from time to
time, to update, revise, supplement and to otherwise modify this
Agreement and to impose new or additional rules, policies, terms
or conditions on your use of the DVWN Service. Such updates, revisions,
supplements, modifications and additional rules, policies, terms
and conditions (collectively referred to in this Agreement as
"Additional Terms") will be
effective immediately and incorporated into this Agreement upon
notice thereof, which may be given by any reasonable means including
by posting to the DVWN Site. Your continued use of the DVWN Site
following such notice will be deemed to conclusively indicate
your acceptance of any and all such Additional Terms. All Additional
Terms are hereby incorporated into this Agreement by this reference.
23.
Miscellaneous. This Agreement constitutes the entire agreement
between you and DVWN, and supersedes any prior agreements between
you and DVWN, written or oral, with respect to the subject matter
herein. Any additional or different terms in any order or written
communications from you are void. In the event of a direct conflict
between the terms of this Agreement and: (A) other terms and conditions
that may be applicable to the DVWN Service generally, the terms
of this Agreement will control with respect to the subject matter
of this Agreement; and (B) the Privacy Policy, Policy on DVWN
Content Plans, Tell A Friend Program Terms and Conditions, Additional
Terms, Software Licenses or Digital Millennium Copyright Notice,
the terms and conditions of such statement, document, license
or policy will control with respect to the subject matter thereof.
In the event of a direct conflict between the terms of this Agreement,
including but not limited to the statements, documents and policies
incorporated by reference into this Agreement, and the terms and
conditions of a particular marketing promotion or offer, the terms
of such particular marketing promotion or offer shall control
with respect to the such marketing promotion or offer. The failure
of DVWN to exercise or enforce any right or provision of this
Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the other provisions will remain in
full force and effect. DVWN will not be responsible for failures
to fulfill any obligations due to causes beyond its control. Headings
are for convenience only and will not be used to alter the meaning
of any provision. You shall not bring a legal action under this
Agreement more than two (2) years after the cause of action arose.
All notices and demands required to be given to DVWN hereunder
shall be initially delivered via e-mail to legal@dvwn.com.
I.
Cancellation of Your DVWN Content Plan. Subject to the
provisions of this Paragraph H, you may cancel your DVWN
Membership Plan online or by contacting the DVWN Customer Service
Department via e-mail at support@dvwn.com. As memberships extend
to a 24-hour period, cancellation must occur within the first
hour of purchase. DVWN will be entitled to rely on a notice of
cancellation that appears legitimate and cancel service on that
basis. DVWN's responsibility for improper cancellation is limited
to reinstating your DVWN Plan or to offering a refund, at DVWN's
sole discretion.