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K-Designs
INC.
TERMS
AND CONDITIONS OF USE
- GENERAL
NOTICE
The information
on this K-Designs Productions Inc. («K-Designs») web site,
as well as on all other K-Designs-related web sites linked to this
web site is subject to notices of ownership of intellectual property,
disclaimers and other terms and conditions of use, as hereinafter
more fully elaborated. "K-Designs-related web sites" means and
includes all other web sites linked to the K-Designs web site and
that are owned or controlled by K-Designs but does not include
other independent web sites over which K-Designs does not control
or seek to control, nor endorse the content thereof.
- COPYRIGHT
NOTICE
Copyright ©
K-Designs Productions Inc. All Rights Reserved. Except for content
in the public domain, all materials on this K-Designs web site
and K-Designs-related web sites are protected by the federal copyright
laws of United States and Canada and also under the Treaty provisions
and worldwide copyright laws as enunciated in the Berne Convention,
The Universal Copyright Convention and the Agreement
on Trade-Related Aspects of Intellectual Property Rights, including
Trade in Counterfeit Goods ("TRIPS") to each of which both
United States and Canada have acceded. No part of the materials
on this web site or any K-Designs-related web site may be reproduced,
copied, published, stored, transmitted or distributed in any form
or by any means electronic, mechanical, photocopying recording or
otherwise without the prior express permission of K-Designs.
All photography,
artwork, images, graphics, icons, as well as all text and the selection
and arrangement of the contents of the text, within this K-Designs
web site or any K-Designs-related web site are the copyrighted
property of K-Designs. They are provided for your enjoyment and
are not available for any other purpose whatsoever such as, by way
of example only and without limitation thereto, the posting to other
web sites, news groups or chat rooms. The foregoing materials are
provided for the exclusive pleasure of our members representing
a substantial investment of money and have been created by the highest
level of craftsmanship in the industry.
- TRADEMARK
NOTICES
"Wild Rose";
the "Wild Rose logo" ; and "Carol Cox"
are registered trademarks(®) of K-Designs Productions
Inc.. "PornAudition"; "XRV.Com Adult Internet Superstore";
"Rosecam"; "Rosechat"; "Reelporn"; "CyberHedo";
the "K-Designs logo"; as well as various of the other marks,
icons, emblems, designs, symbols and logos appearing in this web
site or any K-Designs-related web sites are trademarks(™)
of K-Designs Productions Inc., most of which are in the
course of registration before the United States Patent
and Trademark Office and the Canadian Intellectual Property
Office.
K-Designs is
moving swiftly to expand the geographical scope of its trademark
protection in a manner commensurate with the global expansion of
the K-Designs web site and K-Designs-related web sites, all of
which trademarks serve to rapidly increase recognition and prominence
of K-Designss activities and services on an international level.
Use of any of the said trademarks is expressly prohibited unless
express written authorization has been first obtained from K-Designs
Productions Inc.. Any other trademarks featured on the K-Designs
web site or any K-Designs-related web site are displayed in compliance
with licenses obtained from the owners and/or holders of those trademarks
and may not be used publicly without the express written consent
of the owners and/or holders of such trademarks.
- INFRINGEMENT
NOTICE
Infringement,
piracy, passing-off or other unfairly competitive practices or abuses
of K-Designss Intellectual Property constitute serious violation
of the rights of K-Designs and, where encountered, shall be met
with diligent and decisive legal action on the part of K-Designs
through civil legal proceedings and/or the laying of criminal charges.
- LIMITED
LICENSE
K-Designs provides
the materials on this web site or on any other K-Designs-related
web sites for the personal, noncommercial use by viewers, fans,
visitors, customers, subscribers and potential subscribers. Users
of such materials 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 the K-Designs web site
or any of the K-Designs-related web sites, for personal, noncommercial
use only. K-Designs reserves the right to limit the amount of materials
downloaded.
Commercial use
of any material located on this site or any K-Designs-related site
is strictly prohibited. In addition, such users may not: (i) modify
any of the materials found in any area of this web site or any K-Designs-related
web site; (ii) use of any of the materials found in any area of
this web site or any K-Designs-related web site, for any public
display, performance, sale or rental; (iii) remove, modify or alter
any legal notices of trademark, copyright or other proprietary claims
of ownership found in any area of the present web site or in any
K-Designs-related web site; or (iv) otherwise transfer any material
located in this site or any K-Designs-related site to any other
person or entity. K-Designs reserves the right to terminate this
license at any time where it determines that a breach or violation
of any of the provisions hereof has taken place, in which case the
person responsible for such breach or violation shall be obliged
to immediately destroy any information or materials downloaded,
printed or otherwise copied from the present web site or any K-Designs-related
web site.
- CUSTODIAN
OF RECORDS
All
persons who appear in any visual depiction contained in K-Designss
web site or any K-Designs-related web site were 18 years of age
or older at the time of the creation of such depictions and provided
proof of age as required by law. All such visual depictions comply
with all laws, regulations and ordinances including, without limitation,
Section 2257 of Title 18 of the United States Code and Section
28 of the U.S. Code of Federal Regulations with respect to
visual depictions of actually sexually explicit conduct are kept
by the custodian of records, Carol Cox, who can be reached at carol@wrp.net
or at her business address: 87B Brunswick Blvd., Dollard-des-Ormeaux,
Quebec, Canada H9B 2J5, and that all records in connection therewith
are available for inspection at the offices of K-Designs Productions
Inc. at the above address by appropriate lawful authorities,
during normal business hours.
7.
AGE AND LEGAL ACCESS CERTIFICATION
By
subscribing to the present web site or any K-Designs-related web
site, you hereby expressly declare: (i) that you are 18 years of
age or older; (ii) that you are familiar with all local laws in
your area affecting your legal right to access erotic or adult-oriented
materials; (iii) that you have the legal right to access adult-oriented
materials and K-Designs Productions Inc. has the legal right
to transmit them to you; (iv) 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.
8. REPRESENTATIONS
& WARRANTIES
The
subscriber for membership to a K-Designs web site warrants and
covenants that materials submitted through the member=s account
or K-Designss use thereof shall not: (i) constitute false
or misleading indications of origin or statements of fact; (ii)
slander, liable or defame any person or entity; (iii) cause injury
of any kind to any person or entity; (iv) violate or infringe upon
the rights of any third Party, including copyright, trademark, privacy
or publicity, moral rights or other proprietary rights; (v) violate
any applicable laws, rules or regulations. The member hereby moreover
indemnifies and holds K-Designs (including its Officers, Directors,
Affiliates, Agents, Information Providers) harmless from and against
any and all liability and costs incurred in connection with any
claim arising out of any breach by the member or any user of the
member=s account or the foregoing representations, warranties and
covenants, including without limitation, reasonable Attorneys fees.
Member hereby expressly undertakes to cooperate as fully as reasonably
required in the defense of any claim provided that K-Designs reserves
the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by the
member.
9. DISCLAIMER
- INDEPENDENT WEB SITES
The
present web site or any K-Designs-related web site may contain
links to other independent web sites. These links to other independent
web sites are provided as references to help you identify and locate
other Internet resources that may be of comparable interest. These
other independent web sites were developed independently of K-Designs
or any person or corporation under the control of K-Designs; as
a consequence, K-Designs hereby expressly disclaims responsibility
for the accuracy, appropriateness or legality of the information
contained on any linked independent web sites or any link contained
therein. In providing linkage to such other independent web sites,
K-Designs is providing access and "connectivity" only
and is in no way acting as a publisher or disseminator of the material
contained on those other independent web sites, nor does it endorse,
control or seek to control the content of or to maintain any type
of editorial control over such independent web sites.
10.
DISCLAIMER - K-Designs WEB SITE AND K-Designs-RELATED
WEB SITES
The
materials on the K-Designs web site or any K-Designs-related web
site are provided "as is" without any express or implied warranty
of any kind including, without limitation, merchantability, non-infringement
of intellectual property, or fitness for a particular purpose. K-Designs
offers no assurance of uninterrupted or error-free service and K-Designs
does not warrant the accuracy or completeness of the information,
text, graphics, links or other items contained on the K-Designs
web site or any K-Designs-related web site. K-Designs may change
any of the information found on the K-Designs web site or any K-Designs-related
web site at any time without notice. With the exception only of
jurisdictions that prohibit the exclusion or limitation of liability
for consequential or incidental damages, K-Designs shall not be
liable for any damages whatsoever (including, without limitation,
damages for loss or profits, business interruption, loss of information)
arising out of the use or inability to use the material or information
available on the K-Designs web site or any K-Designs-related web
site, even if K-Designs has been advised of such damages.
-
ACCEPTABLE USE OF CHAT
A
portion of the K-Designs web site and/or portions of any K-Designs-related
web sites may be maintained for "chat" entertainment purposes. Although
K-Designs is unable to control third party content on this portion
of the K-Designs web site or any such portion of K-Designs related
web sites, it shall be K-Designss policy to prohibit visitors
from posting infringing, defamatory, libelous or other unlawful
material and K-Designs reserves the right to monitor and delete
any postings deemed inconsistent with the policy described above.
Notwithstanding the foregoing, K-Designs hereby gives notice that
it does not edit or prescreen content that appears in chat areas
and disclaims any liability with respect to content in the chat
areas on the K-Designs web site or any K-Designs-related web site.
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