The Web pages available at www.Lakeview Communications (DigitalRecorder.com).com, and all linked pages ("Site"), are owned and operated by Lakeview Communications (DigitalRecorder.com), Inc. ("Company"), a South Dakota Sole Proprietorship Entity and are accessed by you ("User") under the following terms and conditions:
User may not download or copy the Content, or other items displayed on the Site for download, without the express written consent of Company. User shall not store any portion of any Content in any form. Copying or storing of any Content is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.
User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site, such Content shall become Company property and User hereby assigns all rights, title and interests in and to such contributions to Company/Company is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights." To the extent User retains any such Moral Rights under applicable law, User hereby ratifies and consents to any action that may be taken with respect to such moral rights by Company and agrees not to assert any Moral Rights with respect thereto. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Company reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
RESTRICTIONS. User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the User is not logged in.
User may not use the Site or Services for any commercial purposes or for the benefit of any third party.
LINKS. The Company Site or Services may contain links to or references to third party websites. The Company is not responsible for these websites and has not reviewed such websites.
MEMBERSHIP, BILLING, PAYMENT. Details of your membership are available on the User account page of the Site. On occasion the Company may offer a free trial, promotions or other incentives. These offers are only available while they last and are a subject to a maximum of one per household. At the end of any free trial, promotion or incentive you will begin to be billed automatically unless you cancel as required by the Company. You agree that as a User we are permitted to automatically charge or debit, as applicable, without further notice the fees you incur in your use of the Site or Services. The fees for the Site and Services will be automatically renewed and charged to you.
COOKIES. The Company may place a cookie or other small text file on any computer from which a User accesses the Site or Services.
WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to User. User acknowledges that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Company from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services.
LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE TO A USER WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR TWENTY-FIVE DOLLARS ($25), WHICHEVER IS LESS; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
FEES AND PAYMENT. Some of the Services require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. User authorizes Company to automatically charge User for any and all fees incurred by User. Company reserves the right to change its price list and to institute new charges at any time. Use of the Services by User following such changes constitutes User's acceptance of any new or increased charges.
FRAUD, ACCOUNT SUSPENSION OR TERMINATION, PEERSAFE PROTECTION PROGRAM, ETC. User agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, committing to send a DVD but not actually sending it, claiming a DVD was never received when in fact it was, claiming a DVD is lost, broken, incorrect, scratched or otherwise problematic when it is not, etc.
Company reserves the right, in its sole and complete discretion, to suspend or terminate a User's account or a User's access to the Site or Services at any time with or without cause for any reason or no reason. Upon termination of the User's account, User's right to use the Services, access the Site, and any Content will immediately cease. Any fees paid by a User are non-refundable.