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A.
AGE AND LEGAL ACCESS CERTIFICATION.
By
subscribing to Danni's Hard Drive, you certify that you
are 18 years of age or older; that you are familiar with
all local laws in your area affecting your legal right
to access erotica or adult-oriented materials; that you
have the legal right to access adult-oriented materials
and Danni's Hard Drive has the legal right to transmit
them to you; that you are requesting adult-oriented materials
for your own private enjoyment and that you will never
share these materials with a minor or in ANY WAY make
these materials available to a minor.
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B.
CUSTODIAN OF RECORDS.
All
persons who appear in any visual depiction contained in
Danni's Hard Drive/HotBox were eighteen years of age or
older at the time of the creation of such depictions. The
records required by Section 2257 of Title 18 of the United
States Code with respect to visual depictions of actual
sexually explicit conduct are kept by the custodian of records,
Danni Ashe, who can be reached via our ,
and has a business address of 520 Washington Boulevard, Suite 445, Marina
Del Rey, California 90292, except with regard
to visual depictions of actual sexually explicit conduct
made before July 3, 1995, which are exempt from the requirements
set forth in 18 U.S.C. § 2257 and 28 C.F.R. 75.
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"Danni's Hard Drive," "Danni
Ashe," "HotBOX"and "Hot Box" are
service marks and trademarks of Danni Ashe Inc. and may
be used publicly only with express written permission. Other
trademarks and service marks featured on Danni's Hard Drive
are displayed pursuant to licenses obtained from the owners
and/or holders of those trademarks and service marks, and
may not be used publicly without the express written consent
of the owners and/or holders of such trademarks and service
marks.
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D.
COPYRIGHTS.
Except
for public domain material and electronic messages, all
materials on Danni's Hard Drive are protected by Federal
copyright and are protected under treaty provisions and
worldwide copyright laws. Materials contained in any part
of Danni's Hard Drive may not be reproduced, copied, edited,
published, transmitted or uploaded in any way without
the written permission of Danni's Hard Drive. Except as
expressly stated in the Limited License provision in these
Terms of Use, Danni's Hard Drive does not grant any express
or implied right to you under any of his trademarks, service
marks, copyrights or other proprietary information.
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E.
LIMITED LICENSE.
Danni's
Hard Drive provides the materials on this site for the
personal, non-commercial use by viewers, fans, visitors,
subscribers and/or potential subscribers of Danni's Hard
Drive. Users of Danni's Hard Drive are granted a single
copy license to download (on a single computer only) or
print one copy of any of the information made available
for downloading found on this site for personal, non-commercial
use only. Danni's Hard Drive reserves the right to limit
the amount of materials downloaded. Commercial use of
Danni's Hard Drive, or any material located on it, is
strictly prohibited. In addition, users of Danni's Hard
Drive may not: (i) modify any of the materials found in
any area of Danni's Hard Drive; (ii) use any of the materials
found in any area of Danni's Hard Drive for any public
display, performance, sale or rental; (iii) remove, modify
or alter any copyright or other proprietary notice, or
trademarks from any of the materials found in any area
of Danni's Hard Drive; or (iv) otherwise transfer any
material located in any area of Danni's Hard Drive to
any other person or entity. Danni's Hard Drive reserves
the right to terminate this license at any time if you
breach or violate any provision of this Terms of Use agreement,
in which case you will be obligated to immediately destroy
any information or materials you have downloaded, printed
or otherwise copied from this site. Danni's Hard Drive
reserves all other rights coincident or related to this
site.
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F.
ACCEPTABLE USE.
A
portion of this site is maintained for "chat"
entertainment purposes only. Although Danni's Hard Drive
is unable to control third party content on this site,
it is Danni's Hard Drive's policy to prohibit visitors
from posting infringing, defamatory, libelous or otherwise
unlawful material, or any material deemed obscene, lewd,
excessively violent, harassing or otherwise objectionable.
You agree not to post such information and agree to indemnify
Danni's Hard Drive and its representatives for any claims
or suits arising from your use of this site. Danni's Hard
Drive reserves the right to monitor and delete any postings
deemed inconsistent with the policy described above. If
you are aware of any such material posted on our site,
please contact us at www.danni.com. Please provide as
much detail as possible, including a copy of the offending
or infringing information or material, the location where
we may find the offending or infringing information or
material, the reasons(s) such postings should be removed
and a statement, signed under penalty of perjury, certifying
the accuracy of the information provided to us. To the
extent any notice is based on an alleged copyright or
trademark violation, please provide copies of applicable
state or federal registration certificates. Danni's Hard
Drive and its representatives will do their best to monitor
content online, but in no event do they assume any particular
obligation to do so or liability for failing to remove
specific content.
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G.
COMMUNICATIONS NOT PRIVATE.
Danni's
Hard Drive does not provide any facility for sending or
receiving private or confidential electronic communications.
All messages transmitted to Danni's Hard Drive shall be
deemed to be readily accessible to the general public.
Visitors should not use Danni's Hard Drive to transmit
any communication for which the sender intends only the
sender and the intended recipient(s) to read. Notice is
hereby given that all messages entered into Danni's Hard
Drive can and may be read by the operators of this service,
regardless of whether or the operators are the intended
recipients of such messages.
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H.
DISCLAIMER.
THE
MATERIALS ON DANNI'S HARD DRIVE ARE PROVIDED AS IS"
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL
PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. DANNI'S
HARD DRIVE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR
FREE SERVICE. DANNI'S HARD DRIVE DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS,
LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE. DANNI'S
HARD DRIVE MAY CHANGE ANY OF THE INFORMATION FOUND AT
THIS SITE AT ANY TIME WITHOUT NOTICE. DANNI'S HARD DRIVE
MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT
THIS SITE. IN NO EVENT SHALL DANNI'S HARD DRIVE BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO
USE THE MATERIAL OR INFORMATION AVAILABLE ON THIS SITE,
EVEN IF DANNI'S HARD DRIVE HAS BEEN ADVISED OF SUCH DAMAGES.
(BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.)
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I.
LINKS TO THIS SITE.
You
may establish a hypertext "link" to this site
and/or distribute, modify or re-use the text or graphics
of this site only after obtaining written permission from
Danni's Hard Drive allowing you to do so.
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J.
LINKS TO THIRD PARTY SITES.
This
site contains links to sites which are controlled by third
parties. Those linked sites are not under the control
of Danni's Hard Drive, and Danni's Hard Drive is not responsible
for the contents of any linked site or any link contained
in a link site. Danni's Hard Drive is providing those
links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Danni's Hard
Drive of any linked site.
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K.
JURISDICTION AND VENUE.
This
site is controlled and operated by Danni's Hard Drive
and its representatives from their offices in Los Angeles,
California, United States of America. They make no representation
that the materials available on this site are appropriate
or available for use in other locations, and access to
them from jurisdictions where their contents are illegal
is prohibited. These provisions of this Terms of Use are
to be governed and construed by California law. In the
event of a dispute arising out of or relating to this
Terms of Use, or your use of or access to this site, litigation
must be brought in state or federal court in the City
and County of Los Angeles, California.
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J.
LINKS TO THIRD PARTY SITES.
This
site contains links to sites which are controlled by third
parties. Those linked sites are not under the control
of Danni's Hard Drive, and Danni's Hard Drive is not responsible
for the contents of any linked site or any link contained
in a link site. Danni's Hard Drive is providing those
links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Danni's Hard
Drive of any linked site.
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L.
PRIVACY POLICY.
What
kind of information do you collect?
When
you join the membership portion of our web site (Danni's
HotBOX), you are asked to provide your name, address,
e-mail, username and password, credit card number and
expiration date, and birth date. When you participate
in special events such as contests and polls, you may
be asked to provide your name, e-mail, username and password,
and birth date. When users request pages from our server,
our Web server automatically collects some information
about the users, including their IP addresses. We also
collect information regarding your use of our site through
the use of cookies. If you choose to post messages on
a bulletin board on our site, we will maintain on the
bulletin board such information about you as you choose
to disclose. If you send us personal correspondence, such
as emails or letters, we may collect such information
into a file specific to you. We will maintain a record
or notes of communications with you regarding your account.
Who
sees my information?
We
do not, and will not, distribute, rent or sell any personally
identifiable information to third parties without your
express consent, other than as necessary to process your
credit card payment.(1)
How
do you use my information?
We
use you information solely in order to process your credit
card payment, to facilitate your viewing of our web site
and to communicate with you. We also use this information
to compile broad demographic and web site usage information
about our users in general that does not contain anything
that could be used to identify you personally.
Danni's
Hard Drive uses your e-mail address to send periodic e-mail
newsletters and promotional e-mail to you about services
and products offered by us, if such communication has
been requested by you. You will not receive any e-mail
from us unless you have requested it and can indicate
at any time that you do not wish to receive e-mail information
from us. We do not provide your e-mail to third parties
without your express consent.
How
secure is my information?
Danni's
Hard Drive takes reasonable precautions to maintain the
security of any information obtained from and about you.
We provide you with a secure web page through which to
submit your billing information when you join the membership
portion of our web site (Danni's HotBOX). We maintain
your personally identifiable information in a reasonably
secure manner including storing such information behind
firewalls.
I've
got more questions - can you help?
Danni's
Hard Drive recognizes the importance of protecting your
privacy. If you have any questions about this Privacy Statement,
the practices of this web site or your dealings with Danni's
Hard Drive, please contact our
or by mail at 520 Washington Boulevard, Suite 445, Marina
Del Rey, California 90292.
Please
note that persons under the age of 18 are prohibited from
viewing our web site, and Danni's Hard Drive does not
collect any personal information from persons under the
age of 18.
Please
also note that Danni's Hard Drive is not responsible for
the content or the privacy polices of web sites to which
it may provide links or the websites of its advertisers.
(1)
Unless requested via a subpoena, court order, or local,
state, federal or international law enforcement request.
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M.
NOTICES.
Notices
by Danni's Hard Drive to customers shall be given by means
of electronic messages or by a general posting on the
site. Notices by customers to Danni's Hard Drive shall
be given by electronic messages unless otherwise specified
in the agreement. All questions, complaints, or notices
to Danni's Hard Drive by means of electronic message must
be sent to
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N.
MESSAGE BOARD CONDUCT RULES: VIEWING POSTINGS
Danni's
Hard Drive does not control the Content posted on the
Danni's Hard Drive Message Boards and does not guarantee
the accuracy, integrity or quality of the postings on
the Message Boards. You understand that all words, information,
data, images, or any other materials ("Content"),
whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such
Content originated. You understand that by using the Message
Boards, you may be exposed to Content that is offensive
or otherwise objectionable to you. You agree that you
must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. You acknowledge
that you may not rely on any Content posted or delivered
to you from third parties via the Message Boards. Under
no circumstances will Danni's Hard Drive be liable in
any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the
viewing or use of any Content posted, e-mailed, transmitted
or otherwise made available via the Message Boards.
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O.
MESSAGE BOARD CONDUCT RULES: POSTING ACTIVITY
Anyone
who uploads, posts, e-mails, transmits or otherwise makes
available via use of the Danni's Hard Drive Message Boards,
any words, information, data, images, or any other materials
("Content"), is entirely responsible for all
such Content and the consequences for posting such Content
to the Message Boards. Under no circumstances will Danni's
Hard Drive be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred
as a result of the use of any Content posted, e-mailed,
transmitted or otherwise made available via the Message
Boards.
You
agree to not use the Danni's Hard Drive Message Boards
to:
1.
upload, post, e-mail, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
2.
involve or harm minors in any way;
3.
impersonate any person or entity, including, but not limited
to, Danni Ashe, a Danni's Hard Drive employee or agent,
or falsely state or otherwise misrepresent your affiliation
with a person or entity;
4.
upload, post, e-mail, transmit or otherwise make available
any unauthorized advertising, links of any kind to commercial
destinations or for any direct or indirect commercial
purpose, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
5.
forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through
the Message Boards;
6.
upload, post, e-mail, transmit or otherwise make available
any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
7.
upload, post, e-mail, transmit or otherwise make available
any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
8.
upload, post, e-mail, transmit or otherwise make available
any material that contains software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
9.
interfere with or disrupt the Message Boards or servers
or networks connected to the Message Boards, or disobey
any requirements, procedures, policies or regulations
of networks connected to the Service or otherwise act
in a manner that negatively affects other users' ability
to use the Message Boardss or Danni's Hard Drive's ability
to operate its business;
10.
"stalk" or otherwise harass another person or
entity; or
11.
collect or store personal data about another person or
entity.
12.
intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of
law;
13.
violate any international, national or local laws or rules
regarding online conduct, acceptable Content or the transmission
of Content, specifically including technical and personal
data, exported from the United States or the country in
which you reside.
You
understand that the technical processing and transmission
of the Message Boards, including your Content, may involve
(a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting
networks or devices.
Danni's
Hard Drive does not claim ownership of Content you submit
or make available for inclusion on the Service. However,
with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Service,
you grant Danni's Hard Drive a world-wide, royalty free,
non-exclusive, perpetual, irrevocable and fully sub-licensable
license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium
now known or later developed.
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P.
REMOVAL AND DISCLOSURE OF MESSAGE BOARD POSTINGS
You
acknowledge that Danni's Hard Drive does not pre-screen
any words, information, data, images, or any other materials
("Content") posted to Danni's Hard Drive Message
Boards, but that Danni's Hard Drive and its designees
shall have the right (but not the obligation) in their
sole discretion to refuse or to remove any Content that
is available via the Message Boards for any reason within
their discretion. Without limiting the foregoing, Danni's
Hard Drive and its designees shall have the right to remove
any Content that violates these Terms And Conditions or
is otherwise objectionable.
You
acknowledge and agree that Danni's Hard Drive may disclose
any and all related information regarding Content posted
on the Message Boards 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 Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety
of Danni's Hard Drive, its users and the public.
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Q.
INDEMNITY OF MESSAGE BOARD ACTIVITY
You
agree to indemnify and hold Danni's Hard Drive, and its
related companies, affiliates, officers, agents, partners,
employees, and featured models, harmless from any claim
or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of
the Message Boards, including but not limited to any words,
image, or anything else that you submit, post, transmit
or make available through the Message Boards, your violation
of these Terms And Conditions, or your violation of any
rights of another.
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R.
MODIFICATION OR TERMINATION OF MESSAGE BOARD OPERATION
Danni's
Hard Drive reserves the right at any time, and from time
to time, to modify or discontinue, temporarily or permanently,
the Message Boards (or any part thereof) in its sole discretion,
with or without notice. You agree that Danni's Hard Drive
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Message
Boards. You agree that Danni's Hard Drive has no responsibility
or liability for the deletion or failure to store any
messages and other communications or other Content maintained
or transmitted by the Service.
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S.
COPYRIGHT INFRINGEMENT NOTICES TO COPYRIGHT AGENT
Danni's
Hard Drive respects the intellectual property of others
and requires members 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 the following
information to Danni's Hard Drive:
1.
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other
intellectual property interest;
2.
identification of the copyrighted work or other intellectual
property that is the subject of your notice of infringement;
3.
the location on Danni's Hard Drive, of the material that
is the subject of your notice, sufficient for locating
the material;
4.
your name, address, telephone number, and e-mail address;
5.
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;
6.
a statement by you, made under penalty of perjury, that
the information provided in your notice is accurate and
that you are the copyright or intellectual property owner
or that you are authorized to act on behalf of the copyright
or intellectual property owner.
Notice
of claims of copyright or other intellectual property
infringement should be provided to Danni's Hard Drive,
care of the Copyright Agent, as follows:
By
mail:
Copyright Agent
Danni's Hard Drive
520 Washington Boulevard, Suite 445
Marina Del Rey, CA 90292
By
e-mail:
By
phone:
1 800-935-5771 (US toll free)
(310) 202-3950 (International)
By
fax:
310-258-0934
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