Terms and Conditions

Table of Contents

  1. Age and Legal Access Certification
  2. Custodian of Records
  3. Trademarks
  4. Copyrights
  5. Limited License
  6. Acceptable Use
  7. Communications Not Private
  8. Disclaimer
  9. Links to This Site
  10. Links to Third Party Sites
  11. Jurisdiction and Venue
  12. Privacy Statement
  13. Notices

Age and Legal Access

By subscribing to Digital Desire, 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 Digital Desire 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.

Custodian of Records

All persons who appear in any visual depiction contained in Digital Desire 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, J. Stephen Hicks, who can be reached at via the contact information found here

Trademarks

"Digital Desire", "DDGirls" and "J. Stephen Hicks are service marks and trademarks of J. Stephen Hicks Photography, Inc. and may be used publicly only with express written permission. Other trademarks and service marks featured on Digital Desire 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.

Copyrights

Except for public domain material and electronic messages, all materials on Digital Desire are protected by Federal copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of Digital Desire may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of Digital Desire. Except as expressly stated in the Limited License provision in these Terms of Use, Digital Desire does not grant any express or implied right to you under any of his trademarks, service marks, copyrights or other proprietary information.

Limited License

Digital Desire provides the materials on this site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of Digital Desire. Users of Digital Desire 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. Digital Desire reserves the right to limit the amount of materials downloaded. Commercial use of Digital Desire, or any material located on it, is strictly prohibited. In addition, users of Digital Desire may not: (i) modify any of the materials found in any area of Digital Desire; (ii) use any of the materials found in any area of Digital Desire 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 Digital Desire; or (iv) otherwise transfer any material located in any area of Digital Desire to any other person or entity. Digital Desire 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. Digital Desire reserves all other rights coincident or related to this site.

Acceptable Use

A portion of this site is maintained for "chat" entertainment purposes only. Although Digital Desire is unable to control third party content on this site, it is Digital Desire' 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 Digital Desire and its representatives for any claims or suits arising from your use of this site. Digital Desire 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.digitaldesire.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. Digital Desire 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.

Communications not Private

Digital Desire does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Digital Desire shall be deemed to be readily accessible to the general public. Visitors should not use Digital Desire 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 Digital Desire can and may be read by the operators of this service, regardless of whether or the operators are the intended recipients of such messages.

Disclaimer

THE MATERIALS ON DIGITAL DESIRE 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. DIGITAL DESIRE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. DIGITAL DESIRE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE. DIGITAL DESIRE MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE. DIGITAL DESIRE MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. IN NO EVENT SHALL DIGITAL DESIRE 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 DIGITAL DESIRE 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.)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 Digital Desire allowing you to do so.

Links to Third Party Sitess

This site contains links to sites which are controlled by third parties. Those linked sites are not under the control of Digital Desire, and Digital Desire is not responsible for the contents of any linked site or any link contained in a link site. Digital Desire is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by Digital Desire of any linked site.

Jurisdiction and Venue

This site is controlled and operated by Earlyman, Inc. and its representatives from their offices in Agoura Hills, 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.

Privacy Policy

What kind of information do you collect?When you join the membership portion of our web site, 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.Digital Desire 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?Digital Desire 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.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? Digital Desire 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 Digital Desire, please contact us at legal@digitaldesire.com or by mail at: Digital Desire c/o DHD Media, 520 Washington Boulevard, #445, Marina Del Rey, California 90292.Please note that persons under the age of 18 are prohibited from viewing our web site, and Digital Desire does not collect any personal information from persons under the age of 18.Please also note that Digital Desire 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.

Notices

Notices by Digital Desire to customers shall be given by means of electronic messages or by a general posting on the site. Notices by customers to Digital Desire shall be given by electronic messages unless otherwise specified in the agreement. All questions, complaints, or notices to Digital Desire by means of electronic message must be sent to support@digitaldesire.com.

 


 
 
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