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Legal Notices

Copyright and Trademarks

The content on this website is copyright © 2003-2007 Dundjinni Enterprises, Inc.

“d20 System” and the d20 System logo are trademarks of Wizards of the Coast, Inc, in the United States and other countries and are used with permission.

Unearthed Arcana is a trademark of Wizards of the Coast, Inc., in the USA and other countries. Arcana Unearthed is used with permission and all rights are reserved.

"Reaper" and the Reaper logo are trademarks of Reaper Miniatures and are used under license.

Green Ronin Publishing, Book of Fiends, Privateer Press, Monsternomicon, Malhavoc Press, Monte Cook's Arcana Unearthed, and Eldritch Might and their logos are trademarks of their respective companies and are used under license.

“Dundjinni” and the Dundjinni logo and genie are trademarks of Dundjinni Enterprises, Inc.

"Keith", the name of the genie, is not a trademark, nor should it be.

Web Site Terms of Use

These Terms of Use were last updated: December 11, 2003

These conditions constitute a contract that imposes legal obligations upon you and governs your use of the Dundjinni Web Site including use of any information, content, products or services available through the Dundjinni Web Site including without limitation pictures, documents, communications, files, text, graphics, or software (“Terms of Use”). These Terms of Use are subject to discretionary change by Dundjinni Enterprises, Inc. at any time. Use of the Web Site after such changes are posted constitutes your acceptance of the changes, therefore you have the responsibility to consult these Terms of Use regularly.

When using the Dundjinni Web Site the User is also subject to any guidelines, rules, or licenses posted or made available in connection to access to particular information, content, product or service. Such guidelines, rules, or licenses may contain conditions in addition to those in these Terms of Use.

It is the express wish of the parties that the Terms of Use and all related documents have been drafted in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

User represents, warrants and agrees that User is of legal age and otherwise capable of forming a legally binding contract and that User will comply with these Terms of Use in spirit and letter.

Participation

A user of the Dundjinni Web Site (“User”) agrees to comply with procedures and instructions that Dundjinni Enterprises, Inc. may adopt as a condition of utilizing the Dundjinni Web Site or performing any transaction through it. Receipt of an electronic confirmation that a transaction or process is complete does not constitute an acceptance or authorization from Dundjinni Enterprises, Inc. Additional verification or information may be required and Dundjinni Enterprises, Inc. may decline, suspend or terminate Dundjinni Web Site access or any transaction made in connection therewith in Dundjinni Enterprises, Inc.’s sole and absolute discretion.

Dundjinni Enterprises, Inc. reserves the right to monitor bulletin boards, chat rooms or other communication venues available through the Dundjinni Web Site to determine compliance with these Terms of Use, as well as the right to remove or refuse to process any User initiated posting. Notwithstanding these rights, User remains solely responsible for any content, information, product or service that User chooses to submit to or through the Dundjinni Web Site (“User Content”).

User agrees not to disclose a Dundjinni Web Site login name or password to any third party or use the login name or password for any unauthorized purpose. User will not: (a) Select or use a member name or e-mail address of another person with the intent to impersonate that person; or (b) Use a screen name or e-mail address of any other person; or (c) Use a member name that Dundjinni Enterprises, Inc., in its sole discretion, deems offensive. User is responsible for maintaining the confidentiality of User’s account number, account name, and/or password, if applicable. User is also responsible for damages resulting from all uses of User’s account number, account name, and/or password, whether actually or expressly authorized, unless access was obtained through no fault or negligence of User’s own.

Authorization to participate is automatically terminated upon a User’s breach of these Terms of Use, and any information, content, product, or service obtained from the Dundjinni Web Site must thereupon be destroyed. In any event, Web Site User participation may be canceled or terminated at any time including circumstances wherein: (a) The User engages in, or suspected of, any fraudulent, unauthorized or unsanctioned activity in connection with the Dundjinni Web Site; or (b) Dundjinni Enterprises, Inc. is unable to verify or authenticate anything provided by the User; or (c) The User interferes or attempts to interfere with any other User’s enjoyment of the Dundjinni Web Site; or (d) The User breaches, or attempts to breach, the Terms of Use; or (e) It is otherwise necessary to protect Dundjinni Enterprises, Inc.'s business interests. However, in no event is any portion of any outstanding applicable fees owed to Dundjinni Enterprises, Inc. at the time of participation, termination, or cancellation refundable by Dundjinni Enterprises, Inc. or thereafter reduced or made negotiable as a result of termination or cancellation.

Fees

Dundjinni Enterprises, Inc. may charge User a fee for participation in certain activities or to otherwise access information, content, products or services. An online presentation will display the costs associated with the particular fee based activity and engage payment from the User through an interactive process. A User is expected to pay all fees when accrued and is responsible for any charges incurred in connection with the use of and/or by completion of a transaction made through the Dundjinni Web Site whenever such is provided on a fee basis. User shall pay all costs of collection, including legal fees, incurred by Dundjinni Enterprises, Inc. All fees are quoted and payable in United States dollars. User is also responsible for paying all applicable taxes and any other costs incurred in connection with the use of or access to Dundjinni’s Web Site including costs incurred by anyone the User allows to use the User's account, even if in violation of these Terms of Use.

Proprietary Rights

Dundjinni Enterprises, Inc. maintains the Dundjinni Web Site with reservation of its own copyright, trademark and other intellectual property rights subject only to expressly provided limited licenses. This includes the selection and arrangement (trade dress) of the Dundjinni Web Site. Any unauthorized use may violate the law and the Terms of Use. User acknowledges and agrees that the Dundjinni Enterprises, Inc. provided information, content, products or services accessible from the Dundjinni Web Site are proprietary to Dundjinni Enterprises, Inc. and its content providers, and Dundjinni Enterprises, Inc. and its content providers retain all right, title, and interest therein.

Dundjinni Enterprises, Inc. does not grant any express or implied rights to use the Dundjinni Web Site except as made available to the User in an online presentation format. User will not otherwise reproduce, transmit, publish or distribute Dundjinni Enterprises, Inc. provided information, content, products or services to any third party in a manner not authorized by these Terms of Use without the express consent of Dundjinni Enterprises, Inc. or the applicable provider. Moreover, User will not copy, modify, distribute, display, create derivative works from, decompile, reverse engineer or use any robot, spider, other automatic device or manual process to (or to attempt to) monitor, copy, deep link to, or engage in screen or database scraping of any part of the Dundjinni Web Site. User further agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Dundjinni Web Site.

User will not, and will not authorize any other person to: (a) Co-brand the Dundjinni Web Site or portion thereof (whereby a name, logo, trademark, or other means of attribution or identification of any party found on the Dundjinni Web Site is displayed outside the Dundjinni Web Site in such a manner as to be reasonably likely to give the impression that there is right to display, publish, or distribute the Dundjinni Web Site or the content accessible within the Dundjinni Web Site), or (b) Frame the Dundjinni Web Site or portion thereof (whereby the Dundjinni Web Site or a portion thereof will appear on the same screen with a portion of another web site). User agrees to cooperate with Dundjinni Enterprises, Inc. in causing any unauthorized co-branding, framing or linking to immediately cease.

Except as otherwise permitted by these Terms of Use, a User may not use Dundjinni Enterprises, Inc.'s name in advertising, publicity, or otherwise use any trade name, trademark, trade device or simulation thereof owned by Dundjinni Enterprises, Inc., or represent, directly or indirectly, that any content, information, product or service provided by a User has been approved or endorsed by Dundjinni Enterprises, Inc.

The foregoing shall not prohibit the use of standard search engine technology to direct Internet users to the Dundjinni Web Site or for a User to interact with the Dundjinni Web Site in a manner Dundjinni Enterprises, Inc. expressly invites through an online presentation format.

Dundjinni Enterprises, Inc. will take appropriate measures where there is an assertion that an intellectual property right is being violated. In such instances the complaining party should provide Dundjinni Enterprises, Inc. a signed and duly sworn statement containing: (a) A detailed description of the alleged infringement, including a description of where it is located and what action by Dundjinni Enterprises, Inc. is requested; (b) An explanation of the nature of the alleged infringement, including, at minimum, the form and character of intellectual property in question sufficient to understand the specific legal right(s) asserted related to it with a citation to the specific law or authority relied upon, along with the name, street and email addresses and telephone numbers of the owner(s); and (c) A certification and explanation that applicable permission has not been granted or is subject to limitations that are not being honored.

Software and accompanying documentation made available to order or download from the Dundjinni Web Site is the copyrighted and/or patented work of Dundjinni Entrprises, Inc. and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. To download or install any software, the User must agree to the terms of such license agreement. If you do not agree to such terms, you are not authorized to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by these Terms of Use. In all cases, a User agrees not to decompile, reverse engineer, or otherwise attempt to discover the source code of software available on or through the Dundjinni Web Site.

In addition, Dundjinni Enterprises, Inc. may make information, content, products and services available from third parties also governed and accompanied by separate license agreements.

Permissions

A User has a nonexclusive, nontransferable, limited, and revocable right to use the Dundjinni Web Site solely for the User's personal educational, informational, and entertainment purposes and as made available to the User for express purpose of viewing, downloading, accessing, or printing in an online presentation format. For example, a User may download or print where there is a notice associated with the page expressly inviting or permitting such a use. However, the User is responsible for determining the limitations on use imposed by the law and these Terms of Use and agrees not to access, use or attempt to use the Dundjinni Web Site for any means not specifically authorized, including any commercial purpose, without Dundjinni Enterprises, Inc.'s express prior written consent.

Dundjinni Enterprises, Inc. reserves the right to revoke the use authorization, at any time, and for any reason; and such authorization shall be deemed to be discontinued immediately upon their removal from the Dundjinni Web Site. Any rights granted to User constitute a license and not a transfer of title. A User does not obtain any ownership right, title, or other interest in Dundjinni Enterprises, Inc. copyrights, trademarks, patents or other proprietary rights by downloading, copying, or otherwise using the Dundjinni Web Site.

Dundjinni Enterprises, Inc. is willing to authorize third parties to erect and/or maintain a hypertext link (“Link”) to the Dundjinni Web Site subject to these Terms of Use. The icon or words used to signify the Link may consist of the words “Dundjinni” or “Dundjinni Enterprises, Inc.”. So long as the linking party maintains the Link, the linking party may not: (a) Utilize the linking party’s Web Site (“Linking Site”) to (i) sell, advertise or promote pornography; (ii) sell, advertise or promote drugs or other controlled substances; (iii) sell, advertise or promote guns, weapons or instruments of violence; (iv) advertise or promote any political party, cause or ideological purpose; or (v) otherwise promote or advocate any ideals or positions that are contrary or inimical to Dundjinni Enterprises, Inc.'s interests; or (b) Utilize the Linking Site or the Link in any manner that violates these Terms of Use. Any linking party warrants that: (a) The Linking Site is owned by or licensed to linking party and linking party's maintenance and use of the linking party Web Site shall not infringe or violate any patent, copyright, trade secret, trademark, or other third party intellectual property right; (b) Linking party will cause the link to repoint browsers from the link icon on the Linking Site to the top of the home page of the Dundjinni Web Site; (c) Linking party will comply with all applicable U.S. federal and state laws in its development and maintenance of the Linking Site and the link and Linking Site will not violate any applicable U.S. federal or state laws; (d) Linking party will include reasonable and appropriate disclaimers, waivers of implied warranties and other provisions for limitation of liability, together with a privacy policy, on the Linking Site; and (e) Linking party will have no right or authority, at any time, to make any representation or commitment on behalf of Dundjinni Enterprises, Inc., or to make any representations or warranties, guarantees or commitments with respect to Dundjinni Enterprises, Inc.’s Web Site, Dundjinni Enterprises, Inc.’s content or products, or otherwise regarding or affecting Dundjinni Enterprises, Inc., except as expressly authorized by Dundjinni Enterprises, Inc. in writing. Dundjinni Enterprises, Inc. may terminate any Link that violates these Terms of Use at any time without notice. In addition, Dundjinni Enterprises, Inc. may terminate a Link in its sole and absolute discretion at any time upon Dundjinni Enterprises, Inc.’s request to a linking party. The linking party agrees to terminate a Link that may otherwise be in compliance with these Terms of Use within five (5) days of such request. Except with respect to linking party's obligations set forth in these Terms of Use, in no event shall either Dundjinni Entrprises, Inc. or the linking party have any obligation to the other party hereto for any incidental, consequential, exemplary or punitive damages of any kind, including, without limitation, any loss of data or files, profit, goodwill, time, savings or revenue, regardless of the nature of the cause of action that may be asserted. In no event shall DundjinniEnterprises, Inc.'s maximum aggregate liability in connection with the matters addressed by these provisions regarding linking exceed an amount equal to one hundred dollars ($100.00).

A User is responsible for User Content, including occasions where such content, information, product or service constitutes a violation of these Terms of Use. Certain activities offered through the Dundjinni Web Site accommodate User Content. The User understands, accepts and/or provides advance consent to the full extent necessary to allow Dundjinni Enterprises, Inc. to act as a conduit of said User Content without incurring liability of any kind or nature. Notwithstanding the foregoing, User Content: (a) Shall not infringe Dundjinni Enterprises, Inc.'s or any third party's contract, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) Shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or advertising); (c) Shall not be defamatory, libelous, or trade libelous, nor shall it invade another’s privacy, advocate illegal activity, discuss an intent to commit an illegal act, or include threats, hate speech, vulgarity, obscenity, pornography, or otherwise inappropriate material; (d) Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (e) Shall not promote information, content, service or product that the User does not have a right to represent. Furthermore, a User may not post on Dundjinni's Web Site or offer through Dundjinni Enterprises, Inc.: (a) Any information, content, service or product that could cause Dundjinni Enterprises, Inc. to interfere with any contract or rights of any person or violate any applicable law, statute, ordinance or regulation or otherwise incur liability of any type or nature, or (b) Any information, content, service or other product that User is not legally or contractually permitted to perform, provide or promote under applicable laws or regulations, or any impermissible activity, including practices or promotions that might or do compete with Dundjinni Enterprises, Inc. now or in the future.

To the full extent necessary to enable Dundjinni Enterprises, Inc. to access or otherwise use User Content without liability, the submitting User grants Dundjinni Enterprises, Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right (or waiver) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display or otherwise exercise the copyright, publicity or any other proprietary type rights as exist anywhere in the world in or with respect to the User Content, in any form, media or technology now known or later developed. Further, to the extent applicable, the submitting User waives all moral rights or similar rights with respect to the User Content. This provision does not entitle Dundjinni Enterprises, Inc. to any ownership or exclusivity rights to the User Content but shall be deemed to allow Dundjinni Enterprises, Inc. to freely use, modify and exploit the User Content for Dundjinni Enterprises, Inc.'s own business purposes and/or profit.

Disclaimer

The Dundjinni Web Site acts as a venue for education and entertainment. Dundjinni Enterprises, Inc. is not responsible for acts by each User accessing the Dundjinni Web Site and does not control, warrant, or guarantee the quality, safety or legality of the subjects of advertising, or the truth or accuracy or legality (including noninfringement) of the information posted or made available by others.

Dundjinni Enterprises, Inc. is completely independent from every User. Dundjinni Enterprises, Inc. is not engaged in any agency, partnership, joint venture, employee-employer, franchisor-franchisee or other type of relationship with any User.

Dundjinni Enterprises, Inc. does not guarantee continuous, uninterrupted or secure access to Dundjinni information, content, products, goods, or services, and operation of Dundjinni Entrprises, Inc. may be interfered with by numerous factors outside of Dundjinni Enterprises, Inc.'s control.

Dundjinni Enterprises, Inc. may provide User access to a variety of third party sources available through the Internet. Dundjinni Enterprises, Inc. has made no effort to verify the accuracy or suitability of any information, content, products or services from any such third party sources. The information, content, products or services together with any representations or warranties made by those sources are the sole responsibility of the operator of that source. Dundjinni Enterprises, Inc. assumes no liability, obligation, or responsibility for such content, representations, or warranties of any kind, whether express or implied. User accesses, uses, and relies upon such third party content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Dundjinni Enterprises, Inc. has no control over and accepts no responsibility whatsoever for such materials.

User understands that, except for information, content, products or services clearly identified as being supplied by Dundjinni Enterprises, Inc. in an authorized venue, Dundjinni Enterprises, Inc. does not operate, control or endorse any information, products or services on the Internet in any way, including any content submitted by users on its site. User also understands that Dundjinni Enterprises, Inc. cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. Dundjinni Enterprises, Inc. does not assume any responsibility or risk for User's use of the Internet.

Dundjinni Enterprises, Inc. offers no guarantees and assumes no responsibility or liability of any type with respect to information, content, products or services available from third parties, including any liability resulting from incompatibility between such third party information, content, products or services and the information, content, products and services available from Dundjinni Enterprises, Inc.

Dundjinni Enterprises, Inc. expressly disclaims any and all warranties with respect to any third party content accessible within or through the Dundjinni Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.

Limitation on Liability

Dundjinni Enterprises, Inc., its licensors, service providers, content providers, suppliers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, punitive, exemplary, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if Dundjinni Entrprises, Inc. has been advised of the possibility of such damages. In no event will the collective liability of Dundjinni Enterprises, Inc. and its licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to Dundjinni Enterprises, Inc. for the applicable information, content, product or service out of which liability arose, even if such remedy is deemed to fail of its essential purpose.

DUNDJINNI ENTERPRISES, INC. AND its licensors, service providers, content providers, and SUPPLIERS PROVIDE THE DUNDJINNI WEB SITE AND ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. NOTHING ORAL OR WRITTEN FROM OR THROUGH DUNDJINNI ENTERPRISES, INC. SHALL CREATE ANY OTHER WARRANTY WHATSOEVER unless it expressly sets forth aN exception REFERENCING thIS SECTION OF THESE TERMS OF USE. WITHOUT LIMITING THE FOREGOING, DUNDJINNI ENTERPRISES, INC. MAKES NO WARRANTY THAT (i) USER REQUIREMENTS OR EXPECTATIONS WILL BE SATISFIED; (ii) INFORMATION, CONTECT, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, EFFECTIVE, ACCURATE, OR RELIABLE; OR (iii) ANY ERRORS IN SOFTWARE OBTAINED FROM OR USED THROUGH THE DUNDJINNI WEB SITE, OR ANY DEFECTS IN THE DUNDJINNI WEB SITE, WILL BE CORRECTED. THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. DUNDJINNI ENTERPRISES, INC. MAY MAKE CHANGES AT ANY TIME WITHOUT NOTICE BUT MAKES NO COMMITMENT TO DO SO.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply. Should Dundjinni Enterprises, Inc.'s exclusion and limitation of liability not fully apply, it shall apply to the fullest extent permitted by applicable law, including limitation of any implied warranties to no more than ninety (90) days. This warranty gives specific legal rights and other legal rights may exist that vary from state to state.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) DUNDJINNI ENTERPRISES, INC. DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE DUNDJINNI WEB SITE, INCLUDING, WITHOUT LIMITATION, CONTENT SUBMITTED BY USERS, AS WELL AS THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) DUNDJINNI ENTERPRISES, INC. MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, INFORMATION, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) DUNDJINNI ENTERPRISES, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, INFORMATINON, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE DUNDJINNI WEB SITE OR THE DOWNLOADING OR OTHER USE OF ANYTHING AVAILABLE THROUGH THE DUNDJINNI WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. DUNDJINNI ENTERPRISES, INC. ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODICT OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DUNDJINNI ENTERPRISES, INC. OR THROUGH OR FROM THE DUNDJINNI WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

No promises, representations, inducements, agreements, or warranties, other than those expressly set forth in these Terms of Use, have been made to induce a User’s acceptance of these Terms of Use and the User represents and warrants having agreed to these Terms of Use without reliance on any such promise, representation, inducement, or warranty of any kind.

Indemnity

User agrees to indemnify and hold Dundjinni Enterprises, Inc. and its successors, representatives, principals, officers, directors, shareholders, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, licensors, content providers, service providers, assigns, and licensees ("Indemnified Parties") harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of the User’s use of the Dundjinni Web Site or violation (or attempted violation) of these Terms of Use. User agrees that the Indemnified Parties will have no liability in connection with any such circumstance, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith.

Disputes

These Terms of Use shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents without giving effect to California conflict of laws provisions or those of your actual state or country of residence. Dundjinni Enterprises, Inc. and User submit to jurisdiction in California and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Santa Clara County, California.

User may contact Dundjinni Enterprises, Inc. with questions or concerns. However, if the concern is regarding a fee incurred in connection with the Dundjinni Web Site and it is not satisfactorily resolved within fifteen (15) business days of initiating an exchange of electronic messages, the User must write to Dundjinni Enterprises, Inc. no later than ninety (90) days after the disputed charge was or should have been discovered to preserve the User’s right to contest the illegitimacy of the questioned fee or any part thereof.

A User with a dispute with one or more other User(s) and/or Dundjinni Enterprises, Inc. releases Dundjinni Enterprises, Inc. (and our successors, representatives, principals, officers, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees) from claims, liability, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In connection with the foregoing, the User, hereby waives any and all rights under California Civil Code section 1542, and any similar federal, state, or local law. The section provides as follows:

Section 1542. General Release - Claims Extinguished.

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Notices sent to Dundjinni Enterprises, Inc. shall be sent by registered U.S. mail to [address] with a return receipt requested. Notices sent to the User shall be sent to the email address the User provided to Dundjinni Enterprises, Inc. Failure of the User to maintain a current and working e-mail address constitutes a waiver of any right to receive notices.

Should any part of these Terms of Use be held invalid or unenforceable as written, that portion shall be reformed and/or construed consistent with applicable law as nearly as possible to reflect the original intentions expressed and the remaining portions will remain in full force and effect. If the contemplated purpose of any provision of the Terms of Use are held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Dundjinni Enterprises, Inc.’s failure to act with respect to a breach by a User or others does not waive Dundjinni Eterprises, Inc.’s right to act subsequently with respect to the breach or with respect to subsequent or similar breaches.

Privacy

This privacy provision does not govern privacy practices associated with offline activities. Dundjinni Enterprises, Inc. reserves the right to change the Privacy Policy from time to time at its sole discretion. Except as set forth in these Terms of Use, User’s personal information will be deemed to be confidential. Personal information is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains. Any non-personal information or material sent to Dundjinni Enterprises, Inc. will generally be deemed to not be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Dundjinni Enterprises, Inc. or others.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Dundjinni Enterprises, Inc. has appropriate physical, electronic, and managerial procedures to safeguard and secure the personal information collected online. Protecting the privacy of the very young is especially important. For that reason, Dundjinni Enterprises, Inc. never collects or maintains information at our web site from those we actually know are under 13, and no part of the web site is structured to attract anyone under 13.

If at the time you provide personal information to Dundjinni Enterprises, Inc. you are given the opportunity to limit how such information will be used to communicate with you, either by Dundjinni Enterprises, Inc. or by third parties, Dundjinni Enterprises, Inc. will not change your preference in this regard without your express consent. However, if Dundjinni Enterprises, Inc. sells assets (or the assets of a division or subsidiary) to another entity, or Dundjinni Enterprises, Inc. (or a division or subsidiary) is acquired by, or merged with, another entity, Dundjinni Enterprises, Inc. may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent.

Dundjinni Enterprises, Inc. collects your personal information in order to record and support your participation in the activities you select. Personal information resides on a secure server. We use the personal information to complete an order.

Dundjinni Enterprises, Inc. uses "cookies" to track your visit. A cookie is a small amount of data that is transferred to your browser by a Internet Web server and can only be read by the server that gave it to you. It functions as your identification card, and enables Dundjinni Enterprises, Inc. to record your passwords, purchases, and other use preferences. Dundjinni Enterprises, Inc. does not generally use the IP/Internet address of your computer to identify you personally unless you expressly provide consent to remember or store your password.

Dundjinni Enterprises, Inc. may also collect information about the use of the Site, such as the types of services used and how many users we receive daily. This information is collected in aggregate form, without identifying any user individually. Dundjinni Enterprises, Inc. may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.

The Dundjinni Web Site contains links to other Internet sites at which personal information is collected. In such instances, unless expressly provided to the contrary, the collection and use of your personal information will be governed by the privacy policy applicable to that site. Dundjinni Enterprises, Inc. is not responsible for the content or privacy practices of non-Dundjinni Enterprises Inc. Web sites to which there may be a link so the User should review the privacy policy of such Internet sites before using them.

A User can engage in many activities without providing any personal information. Other activities may require you to provide personal information. Dundjinni Enterprises, Inc. or third parties authorized by Dundjinni Enterprises, Inc. may also collect certain technical and routing information about your computer to facilitate your use and track patterns. This may include collecting environmental variable data, such as browser type, operating system, CPU speed, and the Internet Protocol ("IP") address of your computer.

When a User submits personal information to Dundjinni Enterprises, Inc., the User understands and agrees that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which Dundjinni Enterprises, Inc. and its affiliates, subsidiaries, or contractors maintain offices, including, without limitation, the United States. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by trusted vendors of Dundjinni Enterprises, Inc.

International

The Dundjinni Web Site can be accessed from countries around the world and may contain references to Dundjinni Enterprises, Inc. information, content, products or services that are not available in your country. The Dundjinni Web Site is controlled, operated, and administered by Dundjinni Enterprises, Inc. from the United States of America. Dundjinni Enterprises, Inc. makes no representation that use at other locations is legal. A User accessing the Dundjinni Site from a location outside the United States is responsible for compliance with all local laws.

The export and re-export of Dundjinni software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, Dundjinni software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading a Dundjinni Enterprises, Inc. software product, you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Complete Agreement

These Terms of Use constitute the complete and only understanding and agreement between Dundjinni Enterprises, Inc. and the User and supersede all prior or contemporaneous agreements, discussions, or representations, whether oral or written, with respect to Dundjinni Enterprises, Inc. These Terms of Use cannot be varied, amended, changed, waived, or discharged except in writing by an executive officer of Dundjinni Enterprises, Inc. that specifically refers to these Terms of Use.

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