YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THIS SOFTWARE. IF YOU ARE
NOT AT LEAST 18 YEARS OF AGE YOU WILL NOT BE ABLE TO USE OUR SERVICE
FEES - ALL SALES ARE FINAL
The following fees and charges apply when using the service. A one-time
registration fee of $9.95 is charged with your initial connection.
Thereafter the only charges that apply are on-line connect time charges of $4.99 per minute. If you are out-side of the US and Canada you are subject to dial-up telephone charges.
Customers in the United States and Canada do not pay telephone connect charges.
Before you connect, type in the anticipated maximum number of minutes
you
would like for your show. Note: there is a 5 minute minimum time purchase
requirement. If you disconnect prior to your maximum <u>you will be
charged for only the minutes you have been receiving images.</u> The
electronic image connection will terminate when your maximum time request have been reached. There are no service charges while you are waiting for your order to be processed. If you are not happy with the service it is your responsibility to hang up.
DISCLAIMER and TERMS
The program that you have is a copyrighted product and will only work
with our service. Any unauthorized distribution is unlawful and will be
prosecuted to the fullest extent of the law. Fraudulent credit card use
will also be prosecuted to the fullest extent of the law.
VIRTUAL DREAMS END USER LICENSE AGREEMENT NO FEE VERSION
GRANT. Virtual Dreams
hereby grants you a non-exclusive license to use its
accompanying software product ("Software") free of charge.
You may: use the
Software on any computer; use the Software on a second
computer; or copy the Software for archival
purposes, provided any copy must contain all of the original
Software's proprietary notices.
You may not: permit other individuals to use the Software
except under the terms listed above; modify, translate,
reverse engineer, decompile, disassemble (except to the
extent applicable laws specifically prohibit such
restriction), or create derivative works based on the
Software; rent, lease, transfer or otherwise transfer rights to the
Software; or remove any proprietary notices or labels on the
Software.
SOFTWARE. This license does
not grant you any right to any enhancement or update.
TITLE. Title, ownership rights, and intellectual property
rights in and to the Software shall remain in Virtual Dreams, and/or
its suppliers. The Software is protected by the copyright
laws of the United States and international copyright
treaties. Title, ownership rights, and intellectual property
rights in and to the content accessed through the Software is
the property of the applicable content owner and may be
protected by applicable copyright or other law. This License
gives you no rights to such content.
DISCLAIMER OF WARRANTY. Since the Software is provided free
of charge, the Software is provided on an "AS IS" basis,
without warranty of any kind, including without limitation
the warranties of merchantability, fitness for a particular
purpose and non-infringement. The entire risk as to the
quality and performance of the Software is borne by you.
Should the Software prove defective, you and not Virtual Dreams
assume the entire cost of any service and repair. This
disclaimer of warranty constitutes an essential part of the
agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY
HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY
JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VIRTUAL DREAMS OR
ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL VIRTUAL DREAMS BE
LIABLE FOR ANY DAMAGES IN EXCESS OF VIRTUAL DREAMS LIST PRICE FOR
A LICENSE TO THE SOFTWARE, EVEN IF VIRTUAL DREAMS SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
TERMINATION. This license will terminate automatically if
you fail to comply with the limitations described above. On
termination, you must destroy all copies of the Software.
MISCELLANEOUS. This Agreement represents the complete
agreement concerning this license between the parties and
supersedes all prior agreements and representations between
them. It may be amended only by a writing executed by both
parties. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it
enforceable. This Agreement shall be governed by and
construed under California law as such law applies to
agreements between California residents entered into and to
be performed within California, except as governed by Federal
law. The application the United Nations Convention of
Contracts for the International Sale of Goods is expressly
excluded.
U.S. Government Restricted Rights. Use, duplication or
disclosure by the Government is subject to restrictions set
forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19 when
applicable, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS
252.227-7013, and in similar clauses in the NASA FAR
Supplement. Contractor/manufacturer is Virtual Dreams
BY ENTERING "I AGREE" , YOU ARE CONSENTING TO BE
BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU
DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT
