OTCMarket2000.com and OTC Dreamwerks, Inc. may change the Terms
of Service from time to time. By continuing to use the Service following
such modifications, you agree to be bound by such modifications to
the Terms of Service.
General Terms and Conditions:
In consideration of use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Registration Form, and (b) to maintain and update
this information to keep it true, accurate, current and complete.
If any information provided by you is untrue, inaccurate, not current
or incomplete, OTC Dreamwerks, Inc. has the right to terminate your
account and refuse any and all current or future use of the Service.
You agree not to resell or transfer the Service or use of or access
to the Service.
You acknowledge and agree that you must: (a) provide for your own
access to the World Wide Web and pay any service fees associated with
such access, and (b) provide all equipment necessary for you to make
such connection to the World Wide Web, including a computer and modem.
By using the OTCMarket2000.com web site, including any applets, software,
and content contained therein, you agree that use of the Service is
entirely at your own risk. THE SERVICE IS PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION,
DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH
OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, OTCMARKET2000.COM
AND OTC DREAMWERKS, INC. DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING,
BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES
AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER OTCMARKET2000.COM, OTC DREAMWERKS, INC. NOR ANY OF ITS EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS
SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF
SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF
ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE
LIABILITY OF OTC DREAMWERKS, INC., ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
OTC Dreamwerks, Inc. is the owner and/or authorized user of any trademark,
registered trademark and/or service mark appearing at this Web Site,
and is the copyright owner or licensee of the content and/or information
on this Web Site including but not limited to any screens appearing
at the Site. You may not download and/or save a copy of any of the
screens except as otherwise provided in these Terms of Service, for
any purpose. However, you may print a copy of the information on this
Site for your personal use or records. If you make other use of this
Site, except as otherwise provided above, you may violate copyright
and other laws of the United States, other countries, as well as applicable
state laws and may be subject to penalties. OTC Dreamwerks, Inc. does
not grant any license or other authorization to any user of its trademarks,
registered trademarks, service marks, or other copyrightable material
or other intellectual property, by placing them on this Web Site.
OTC Dreamwerks, Inc. reserves the right to change any information
on
this Web Site including but not limited to revising and/or deleting
features or other information without prior notice. Clicking on certain
links within this Web Site might take you to other web sites for which
OTC Dreamwerks, Inc. assumes no responsibility of any kind for the
content, availability or otherwise. (See "Links from and to this
Website" below.) The content presented at this Site may vary
depending upon your browser limitations.
Third Party Provided Content:
Daily updates are subject to market fluctuations and are based on
the latest quotes received from third-party data contributors and
is subject to a 15 or 20 minute delay up to a 24 hour delay, depending
upon the source. Market quotes and certain other information on this
Site, as well as reference materials or links to other sites, are
for general informational purposes only, and are not intended to be
relied upon for transactional purposes. Neither OTC Dreamwerks, Inc.
nor any of its data or content providers shall be liable for any errors
or delays in the content, or for any actions taken in reliance thereon.
User Conduct On the Service:
While using the Service, you may not:
1. restrict or inhibit any other user from using and enjoying the
Service; or
2. post or transmit any unlawful, fraudulent, libelous, defamatory,
obscene, pornographic, profane, threatening, abusive, hateful, offensive,
or otherwise objectionable information of any kind, including without
limitation any
transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate
any local, state,
national or foreign law, including without limitation the U.S. export
control laws and regulations; or
3. post or transmit any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities or schemes or other unsolicited
commercial communication (except as otherwise expressly permitted
by OTC Dreamwerks, Inc.) or engage in spamming or flooding; or
4. post or transmit any information or software which contains a
virus, Trojan horse, worm or other harmful component; or
5. post, publish, transmit, reproduce, distribute or in any way exploit
any information, software or other material obtained through the Service
for commercial purposes (other than as expressly permitted by the
provider of such information, software or other material); or
6. upload, post, publish, transmit, reproduce, or distribute in any
way, information, software or other material obtained through the
Service which is protected
by copyright, or other proprietary right, or derivative works with
respect thereto, without obtaining permission of the copyright owner
or right holder; or
7. upload, post, publish, reproduce, transmit or distribute in any
way any component of the Service itself or derivative works with respect
thereto, as the Service is copyrighted as a collective work under
U.S. copyright laws.
OTC Dreamwerks, Inc. has no obligation to monitor the Service. However,
you acknowledge and agree that OTC Dreamwerks, Inc. has the right
to monitor the Service electronically from time to time and to disclose
any information as necessary or appropriate to satisfy any law, regulation
or other governmental request, to operate the Service properly, or
to protect itself or its subscribers. OTC Dreamwerks, Inc. will not
intentionally monitor or disclose any private electronic-mail message
unless required by law. OTC Dreamwerks, Inc. reserves the right to
refuse to post or to remove any information or materials, in whole
or in part, that, in its sole discretion, are unacceptable, undesirable,
inappropriate or in violation of these Terms of Service.
Failure to Comply With Terms and Conditions and Termination:
You acknowledge and agree that OTC Dreamwerks, Inc. may terminate
your password or account or deny you access to all or part of the
Service without prior notice if you engage in any conduct or activities
that OTC Dreamwerks, Inc. in its sole discretion believes violate
any of the terms and conditions, violate the rights of OTC Dreamwerks,
Inc., or is otherwise inappropriate for continued access.
You acknowledge and agree that OTC Dreamwerks, Inc. may in its sole
discretion deny you access through OTC Dreamwerks, Inc. to any materials
stored on the Internet, or to access third party services, merchandise
or information on the Internet through OTC Dreamwerks, Inc., and OTC
Dreamwerks, Inc. shall have no responsibility to notify any third-party
providers of services, merchandise or information nor any responsibility
for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold OTC Dreamwerks, Inc. and
its affiliates harmless from any and all claims, liabilities, costs
and expenses, including reasonable attorneys’ fees, arising in any
way from your use of the Service or the placement or transmission
of any message, information, software or other materials through the
Service by you or users of your account or related to any violation
of these Terms of Service by you or users of your account.
Links from and to this Web Site:
You acknowledge and agree that OTC Dreamwerks, Inc. and any of its
website co-branding providers have no responsibility for the accuracy
or availability of information provided by linked sites. Links to
external web sites do not constitute an endorsement by OTC Dreamwerks,
Inc. or its website co-branding providers of the sponsors of such
sites or the content, products, advertising or other materials presented
on such sites.
The links on this web site may take you to other sites where the
trading of securities is possible. You acknowledge and agree that
OTC Dreamwerks, Inc. shall not be responsible or liable with regard
to any trading which may be conducted on such linked trading sites,
non-OTC Dreamwerks, Inc. web sites, and any other web site which may
be linked to or from the OTC Dreamwerks, Inc. site. You acknowledge
and agree that the stock and mutual fund price quotes and news stories
which are accessed within a trading day may be delayed at least 20
minutes, as may required by exchanges and information providers. You
acknowledge and agree that you bear responsibility for your own investment
research and investment decisions, and that OTC Dreamwerks, Inc. shall
not be liable for any decision made or action taken by you or others
based upon reliance on information or materials obtained through use
of the Service. Prior to the execution of a securities trade, you
should always consult with your broker or other financial representative
to verify securities pricing information.
Information in the many web pages that are linked to OTC Dreamwerks,
Inc.’s Web Site comes from a variety of sources. Some of this information
comes from official OTC Dreamwerks, Inc. licensees, but much of it
comes from unofficial or unaffiliated organizations and individuals,
both internal and external to OTC Dreamwerks, Inc.. OTC Dreamwerks,
Inc. does not author, edit, or monitor these unofficial pages or links.
You acknowledge and agree that OTC Dreamwerks, Inc. shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on such external sites
or resources.
Other Information:
OTC Dreamwerks, Inc. is taking reasonable and appropriate measures,
including encryption, to ensure that your personal information is
disclosed only to those specified by you. However, the Internet is
an open system and we cannot and do not guarantee that the personal
information you have entered will not be intercepted by others and
decrypted.
If you wish to make purchases through the Service, you may be asked
by the merchant or information or service provider from whom you are
making the purchase to supply certain information, including credit
card or other payment mechanism information. You agree not to hold
OTC Dreamwerks, Inc. liable for any loss or damage of any sort incurred
as a result of any such dealings with any merchant or information
or service provider through the Service. You agree that all information
you provide any merchant or information or service provider through
the Service for purposes of making purchases will be accurate, complete
and current. The merchants and information and service providers offering
merchandise, information and services through the Service set their
own prices and may change prices or institute new prices at any time.
You agree to pay all charges incurred by users of your account and
credit card or other payment mechanism at the prices in effect when
such charges are incurred. You also will be responsible for paying
any applicable taxes relating to purchases through the Service.
Miscellaneous
The Terms of Service and the relationship between you and OTC Dreamwerks,
Inc. shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and OTC Dreamwerks,
Inc. agree to submit to the personal and exclusive jurisdiction of
the courts located within the state of California.
The failure of OTC Dreamwerks, Inc. to exercise or enforce any right
or provision of the Terms of Service shall not constitute a waiver
of such right or provision. If any provision of the Terms of Service
is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties’ intentions as reflected in the provision, and the other
provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Service or the Terms of Service
must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
