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 or by contacting our Customer Service Department via telephone at (415) 839-6627.

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 (415) 839-6627. (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 AN 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 AN 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. 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 call DVWN Customer Service at (415) 839-6627 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 calling (415) 839-6627 or 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 in writing and shall be served by personal service, nationally recognized overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to DVWN, LLC., P.O. Box 1387, Wrightsville Beach, NC 28403, Att: Vice President and Senior Counsel.

 

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 telephone at (415) 839-6627.  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.