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DNA SOLOS(R) TERMS + CONDITIONS V. 1.3 The following terms of use and the dnasolos.com legal policy (http://www.dnasolos.com/terms), contain the entire agreement between Purchaser ("Purchaser") and DNA Solos(r), regarding the purchase and download of DNA Solos(r) videos (the "Downloads") from www.dnasolos.com. Please read this Agreement in its entirety. The purchase of any downloads indicates Purchaser's agreement to be bound by these terms. 1. Downloads Purchaser may download digitized versions of video programs (individually and collectively, "Downloads") under these terms and conditions. The Downloads are in H.264 (MP4, MOV) format, and do not include closed captions (CC). 2. RightsGranted. Upon payment of the required fees for Downloads, DNA Solos(r) grants Purchaser a non-exclusive, non-transferable right to use the Downloads for Purchaser's personal, non-commercial, entertainment use, or for use in the home, subject to and in accordance with these Terms of Use. Purchaser may copy, store, transfer and burn the Downloads only for Purchaser personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. Public performance and closed- circuit broadcast rights are not included with the Download purchase. 3. DownloadRestrictions. Purchaser represents, warrants and agrees that Purchaser will use the Downloads only for Purchaser's personal, non-commercial, entertainment use and not for any redistribution of the Downloads or other restricted use. Purchaser agrees not to infringe the rights of the copyright owners and to comply with all applicable laws in Purchaser's use of the Downloads. Except as set forth in Section 2 above, Purchaser agrees that Purchaser will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Downloads. Purchaser is not granted any synchronization, promotional use, commercial sale, resale, reproduction or distribution rights for the Downloads. Purchaser acknowledges that the Downloads embodies the intellectual property of a third party and is protected by law.5. ExplicitContent. Purchaser agrees that DNA Solos(r) has no liability to Purchaser for Downloads Purchaser finds to be offensive, indecent or objectionable. 3.1 Daily Download Limit Purchaser ("Purchaser") is limited to 20 direct downloads via DNA Solos(r) websites within a 24 hr period. 4. Reservation of Rights Except for the rights explicitly granted to Purchaser here, all right, title and interest in the Downloads are reserved and retained by DNA Solos(r). Purchaser does not acquire any ownership rights in the Downloads as a result of downloading it. 5. Territorial Restrictions Downloads are only available to customers located in the United States and outside the United States on the premises of U.S. embassies and U.S. military installations. 6. General 6.1 Downloading and Risk of Loss. Once Purchaser has purchased Downloads, Purchaser is encouraged to download it promptly and to make a back-up copy of it. If Purchaser is unable to complete a download after having reviewed the online help resources, Purchaser shall contact DNA Solos(r)'s customer service for assistance. Purchaser bears all risk of loss after purchase including any loss of the Downloads or as a result of downloading, including any loss due to a computer or hard drive crash. 6.3 DNA Solos(r) may, from time to time, remove Downloads from the website without notice. 6.4 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY . THE DOWNLOADS PURCHASED OR OTHERWISE MADE AVAILABLE TO PURCHASER THROUGH THIS SITE ARE PROVIDED BY DNA Solos(r) ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DNA Solos(r) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE DOWNLOADS, PURCHASED OR OTHERWISE MADE AVAILABLE TO PURCHASER THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. PURCHASER EXPRESSLY AGREE THAT THE PURCHASE OF THE DOWNLOADS IS AT PURCHASER'S SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DNA Solos(r) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DNA Solos(r) DOES NOT WARRANT THAT THE DOWNLOADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DNA Solos(r) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE AND/OR USE OF DOWNLOADS ON OR OTHERWISE MADE AVAILABLE TO PURCHASER THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO PURCHASER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO PURCHASER, AND PURCHASER MIGHT HAVE ADDITIONAL RIGHTS. 6.5 Applicable Law. By purchasing Downloads from DNA Solos(r), Purchaser agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between Purchaser and DNA Solos(r). 6.6 Termination, Amendments. Purchaser's rights under the Terms of Use will automatically terminate without notice from DNA Solos(r) if Purchaser fails to comply with any of its terms. In case of such termination, Purchaser must cease all use of the Downloads, and DNA Solos(r) may immediately revoke Purchaser's ability to purchase any further Downloads without notice to Purchaser and without refund of any fees. DNA Solos(r)'s failure to insist upon or enforce Purchaser's strict compliance with the Terms of Use will not constitute a waiver of any of its rights. DNA Solos(r) may amend any of the Terms of Use at its sole discretion by posting the revised terms on its website (www.dnasolos.com). Purchaser's purchase of subsequent Downloads after any such amendment's effective date evidences Purchaser's agreement to be bound by it. 6.7 Third-Party Beneficiaries. Downloads copyright owners are intended third-party beneficiaries under the Terms of Use and may enforce the Terms of Use against Purchaser and invoke all rights hereunder including limitations of liability. 6.8 Contact Information. For communications concerning the Terms of Use, please write to DNA Solos(r). legal@dnasolos.com.
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