1. GENERAL RULES AND DEFINITIONS
1.1 This User Agreement, which includes the Operating Rules set forth herein, constitutes User's Agreement with the DNI Holdings Inc. network Member ("MemberSite"), an Internet service of DNI Holdings Inc., Inc. ("DNI Holdings ") sharing erotic fantasies and sexual stories around a social network service, with respect to User's use of the MemberSite service (the "Service"). User must agree to abide by all of the terms and conditions contained in the User Agreement in order to become or remain an authorized User of the Service.
1.2 Use of the service by User constitutes User's agreement with the terms and conditions of this User Agreement. MemberSite reserves the right, at its discretion, to change, modify, add or remove portions of this User Agreement at any time. Notification of changes in service will be posted on the Service, or sent via e-mail, or postal mail.
1.3 IF THESE OPERATING RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO USER, OR CAUSE USER TO NO LONGER BE IN COMPLIANCE WITH THE USER AGREEMENT, USER MAY CANCEL REGISTRATION BY SENDING E-MAIL TO cancel[at]pandorassecrets.com (SEE SECTION 10 REGARDING TERMINATION OF SERVICE). USER'S CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL CONSTITUTE A BINDING ACCEPTANCE BY USER OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 MemberSite may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. MemberSite may also impose limits on certain features and services or restrict User access to parts or all of the Service without notice or liability.
2. MEMBERSITE CONTENT AND USER SUBMISSIONS
2.1 The contents of the MemberSite Internet service are intended for the personal, noncommercial use of its Users. All materials published on MemberSite (including, but not limited to, news articles, photographs, images, illustrations, audio clips and video clips, also known as "The Content") are protected by copyright, and owned or controlled by DNI Holdings , Inc., the MemberSite or the party credited as the provider of the content, software, or other materials. User shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the User Agreement), create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Service in whole or in part.
2.3 User may download or copy the Content and other downloadable items displayed on this Service for personal use only, provided that User maintains all copyright and other notices contained in such Content. User shall not store any significant portion of any Content owned by, or licensed to MemberSite, in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the DNI Holdings, Inc. "Rights and Permissions Department", or the copyright holder identified in the individual Content's copyright notice.
2.4 DNI can display member’s submitted content as part the MemberSite operation, featured display and promotion related to the MemberSite.
3. FORUMS AND DISCUSSIONS
3.1 User shall not upload to, or distribute or otherwise publish through, the Service any Content which is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law.
3.2 The Forums and Discussion Sections ("Chat rooms") shall be used only in a noncommercial manner. User shall not, without the express approval of the MemberSite, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 While MemberSite does not and cannot review every message posted by Users in the Forums and is not responsible for any content of these messages, MemberSite reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. Users shall remain solely responsible for the content of their messages.
3.4 User acknowledges that any submissions (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted, and displayed by MemberSite. In addition, User warrants that all rights in any uploaded materials have been waived.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
4.1 MemberSite contains links to other related World Wide Web Internet sites, resources, and sponsors of MemberSite. Since MemberSite is not responsible for the availability of these outside resources, or their contents. User should direct any concerns regarding any external link to its site administrator or Webmaster.
5. REPRESENTATIONS AND WARRANTIES
5.1 User represents, warrants, and covenants (a) that no materials of any kind submitted through User's account will (I) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that User is at least eighteen years old. User hereby indemnifies, defends and holds DNI Holdings and MemberSite, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User, or any user of User's account, of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. User shall cooperate as fully as reasonably required in the defense of any claim. MemberSite reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
5.2 Neither DNI Holdings nor MemberSite represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the service by any User, information provider or any other person or entity. User acknowledges that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at User's sole risk. MemberSite reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the Service. The Service and all downloadable software is distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. User hereby acknowledges that use of the Service is at User's sole risk.
6. REGISTRATIONS AND SECURITY
6.1 As part of the registration process, Registered User may select a password and Registered User name ("MemberSite ID"). Registered User shall provide MemberSite with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Registered User's account. Registered User may not (I) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the Rights of any person other than Registered User without authorization; or (iii) use a screen name that MemberSite, in its sole discretion, deems offensive.
6.2 (a) User shall notify abuse[at]pandorassecrets.com of any known or suspected unauthorized use(s) of User's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User's password or credit card information. (b) User shall be responsible for maintaining the confidentiality of User's password. User will never be required to reveal User's password to any representative or agent of MemberSite, its owners or agents.
6.3 User must be 18 years or older to access, subscribe and/or register to the Service.
6.4 Each User is responsible for all usage or activity on the MemberSite account, including use of the account by any third party authorized by User to use User's MemberSite ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's account, at MemberSite? ¦s sole discretion and User may be referred to appropriate law enforcement agencies.
7. FEES AND PAYMENTS
7.1 MemberSite reserves the right at any time to charge fees for access to portions of the service or the service as a whole. In the event that MemberSite so elects, it shall post notice in the Service Information area. User shall pay all fees and charges incurred through User's account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Service by DNI Holdings, MemberSite, or by any other vendor or service provider. All fees and charges shall be billed to and paid for by User. User shall pay all applicable taxes relating to use of the Service through User's account. User's right to use the Service is subject to any limits established by MemberSite at its sole discretion.
8. COMMUNICATIONS BETWEEN MEMBERSITE AND USERS
8.1 Unless User indicates on the User Registration document that User does not want to receive such information, MemberSite, its owners and assigns, reserves the right to disclose certain limited aggregate User information to third party vendors for the purpose of providing User with information about products and services.
8.2 MemberSite reserves the right to send electronic mail to any and all Users, for the purpose of informing them of changes or additions to the Service or of any DNI Holdings or MemberSite related products and services.
8.3 MemberSite reserves the rights to disclose aggregate information about User's usage and demographics in forms that do not reveal Users' personal information or identities.
9. SOFTWARE LICENSES
9.1 User shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to User to access the Service ("Access Software"). User may not sublicense, assign or transfer any licenses granted by MemberSite, and any attempt at such sublicense, assignment or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
10.1 User may terminate User's account at any time by sending email to cancel[at]pandorassecrets.com. Upon termination, User will receive an automated confirmation via e-mail that the request was received, and User's access will be suspended. User is responsible for all charges incurred up until the time the account is deactivated.
10.2 MemberSite may, at its sole discretion, terminate or suspend User's access to all or part of the Service for any reason, including, without limitation, breach of the User Agreement, or assignment of the User Agreement by User.
11.1 This User Agreement has been made, and shall be construed and enforced, in accordance with New York law. Any action to enforce this agreement shall be brought to the federal or state courts located in New York City.
11.2 Official correspondence must be sent via postal mail to:
DNI Holdings .com, Inc.
Attn: MemberSite Customer Service
PO Box 200552
Jamaica, NY 11420