Copyright and Legal Information

  
Site Concept and Original Graphics
Copyright © 1996 - 2007
Dolphmera Solutions
All rights reserved.


Legal Information
  

Dolphie/Dolphmera Solutions
Cardiff by the Sea,  CA  92007
760-479-0811
nswebadmin@digi-sai.com
 

Client Sites
The content on sites designed by Dolphmera/Dolphmera Dimensions/Dolphmera Solutions/Dolphie shall be deemed the property of the agreed upon party as per contract.  If original content located on a designed site includes content previously designed by this author, then the possession remains with this author. If the content is designed for the site, yet is not specific to the client, possession remains with the author.  If the content is designed solely, specifically and explicitly for the client, that content will remain with the client - unless otherwise agreed upon.  All other persons must seek permission from the author prior to using the content as indicated in the relevant sections below.

Information and Accuracy
The Dolphmera Solutions web site, contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Dolphmera Solutions™ web site is copyrighted as a collective work under the United States copyright laws. Dolphie/Dolphmera Solutions™ owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it and is protected by U.S. and international copyright and trademark laws. Site Visitors or Subscribers may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Site Visitors or Subscribers may download copyrighted material for Site Visitor's or Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Dolphie/Dolphmera Solutions™ and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Site Visitor or Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

Subscriber/Site Visitor Conduct
Subscriber shall use the Dolphmera Solutions™ web site for lawful purposes only. Subscriber shall not provide for posting or transmit through this site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Dolphie/JM La May express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Site Visitor or Subscriber that in Dolphie/JM La May discretion restricts or inhibits any other Site Visitor or Subscriber from using or enjoying of the Dolphmera Solutions™ web site will not be permitted. Subscriber or Site Visitor shall not use this site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the
Dolphmera Solutions™ web site.

Subscriber shall not provide for posting or otherwise make available on Dolphmera Solutions™ web site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Dolphmera Solutions™ web site, or via email to any Dolphmera Solutions™ email address, the subscriber or site visitor automatically grants, or warrants that the owner of such material has expressly granted Dolphie/Dolphmera Solutions™ the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Site Visitor or Subscriber to access, view, store or reproduce the material for that Site Visitor's or Subscriber's personal use. Subscriber hereby grants Dolphie/Dolphmera Solutions™ the right to edit, copy, publish and distribute any material made available on the Dolphmera Solutions™ web site by Subscriber.

Third Party Content
Dolphie/JM La May, depending upon the site, is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Dolphie/Dolphmera Solutions™ has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of the Dolphmera Solutions™ web site, are those of the respective author(s) and not of Dolphie/Dolphmera Solutions™. Neither Dolphie/Dolphmera Solutions™ nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through Dolphmera Solutions™ web site represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Dolphie/Dolphmera Solutions™. Dolphie/Dolphmera Solutions™ neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Dolphmera Solutions™ web site by anyone other than authorized by Dolphie/Dolphmera Solutions™. Under no circumstances will Dolphie/Dolphmera Solutions™ be liable for any loss or damage caused by a Site Visitor's reliance on information obtained through the Dolphmera Solutions™ web site. It is the responsibility of Site Visitors to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Discussion Forums
The Dolphmera Solutions™ web site includes a Discussion Forums which allow real-time interaction between users. Dolphie/Dolphmera Solutions™ does not control the messages or any information posted to the Discussion Forums. It is a condition of your use of the Discussion Forums and this Web site that you do not:

  • Restrict or inhibit any other user from using and enjoying the Discussion Forums.
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent 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 international law.
  • Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
  • Post or transmit any information, software or other material which contains a virus or other harmful component.
  • Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
  • You understand that Dolphie/JM La May has no obligation to monitor the Discussion Forums. However, Dolphie/JM La May reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit or to remove any postings, in whole or in part, that in Dolphie/JM La May sole discretion are objectionable or in violation of these terms and conditions.

Third Party Site Links Disclaimer
The Dolphmera Solutions™ web site may provided links to Internet sites maintained by third parties. Neither Dolphie/Dolphmera Solutions™, or any subsidiary companies operate or control (unless so stated) in any respect to any information, products or services on these third-party sites and Dolphie/Dolphmera Solutions™, is not responsible for any links contained in the Third Party Site or any changes or updates to Third Party Sites or Links contained therein. Dolphie/Dolphmera Solutions™, provides these links to you only as a convenience. The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Dolphie/Dolphmera Solutions™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Dolphie/Dolphmera Solutions™ does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. You (and not Dolphie/Dolphmera Solutions™) assume the entire cost of all necessary maintenance, repair or correction.

No Liability
Under no circumstances, including, but not limited to, negligence, shall Dolphie/Dolphmera Solutions™, any subsidiaries be liable for any direct, indirect, incidental, special or consequential damages that result from the availability of, the use of, or the inability to use, the Dolphmera Solutions™ site or materials. You specifically acknowledge and agree that Dolphie/Dolphmera Solutions™ is not liable for any defamatory, offensive or illegal conduct of any Site Visitor or Subscriber. If you are dissatisfied with any material on the Dolphmera Solutions™ web site, or with any of the terms and conditions for use of the Dolphmera Solutions™ web site, your sole and exclusive remedy is to discontinue using the Dolphmera Solutions™ web site.

Modifications
Dolphie/Dolphmera Solutions™ shall have the right at any time to change or discontinue any aspect or feature of this site, including, but not limited to, content, hours of availability, and equipment needed for access/use or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Dolphmera Solutions™ web site, or by electronic or conventional mail, or by any other means by which Site Visitor or Subscriber obtains notice thereof. Any use of the Dolphmera Solutions™ web site by Site Visitor or Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

Endorsements
The appearance of any advertisement or specific company logos/trademarks on the Dolphmera Solutions™ web site is not an endorsement of Dolphie/Dolphmera Solutions™ web site by said advertisers or owners of said company logos/trademarks.

Trademarks
Dolphie/Dolphmera/Dolphmera Dimensions/Dolphmera Solutions™ are all trademarks of Dolphie/JM La May. Microsoft® products referenced herein are either trademarks or registered trademarks of Microsoft. Ecommerce Templates®, ycoln Creation®, Goddess Grey Graphics®, and other product and company names mentioned herein may be the trademarks of their respective owners.

Other
This Notice and any operating rules for the Dolphmera Solutions™ web site established by Dolphie/Dolphmera Solutions™ constitute the entire agreement of the parties with respect to the above subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Dolphie/Dolphmera Solutions™ reserves the right to modify this Legal Notice at any time without prior notice.

Any rights not expressly granted herein are reserved.

1995