WELCOME TO THIS WEBSITE. Digital Video Enterprises, Inc.. OFFERS THIS SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms”). YOUR USE OF THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
General Use Restrictions Digital Video Enterprises, Inc.resence, Inc. (Digital Video Enterprises, Inc.) or third parties granting rights to Digital Video Enterprises, Inc. hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of Digital Video Enterprises, Inc. or such third parties. Digital Video Enterprises, Inc. grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this Digital Video Enterprises, Inc. website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “frame” or “mirror” the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of Digital Video Enterprises, Inc.. Digital Video Enterprises, Inc. does not routinely monitor your postings to the Site but reserves the right so to do. However, in our efforts to promote good citizenship within the Internet community, if Digital Video Enterprises, Inc. becomes aware of inappropriate use of the Site or any of its Services, Digital Video Enterprises, Inc. will respond in any way that, in its sole discretion, Digital Video Enterprises, Inc. deems appropriate. You acknowledge that Digital Video Enterprises, Inc. will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Digital Video Enterprises, Inc. will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Availability
Digital Video Enterprises, Inc. has several websites offering products, services, content and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. Digital Video Enterprises, Inc. does not make any warranty or representation that a user in one region may obtain the Services from the Digital Video Enterprises, Inc. site in another region and Digital Video Enterprises, Inc. may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
Information Digital Video Enterprises, Inc. publishes on the World Wide Web may contain references or cross references to Digital Video Enterprises, Inc. products, programs and services that are not announced or available in your country. Such references do not imply that Digital Video Enterprises, Inc. intends to announce such products, programs or services in your country. Consult your local Digital Video Enterprises, Inc. business contact for information regarding the products, programs and services which may be available to you.
Third Party Interaction and Links to Third Party Sites
In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Site. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Digital Video Enterprises, Inc. has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
This Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by Digital Video Enterprises, Inc.. Such links do not constitute an endorsement by Digital Video Enterprises, Inc. of any such sites. You acknowledge that DVE is providing these links to you only as a convenience, and you agree that Digital Video Enterprises, Inc. is not responsible for the content or links displayed on such sites to which you may be linked.
Disclaimer of Warranties
Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by Digital Video Enterprises, Inc.. Digital Video Enterprises, Inc. does not warrant the accuracy or timeliness of the materials. Digital Video Enterprises, Inc. has no liability for any errors or omissions in the materials, whether provided by Digital Video Enterprises, Inc. or third parties.
THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. Digital Video Enterprises, Inc., FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. Digital Video Enterprises, Inc. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF Digital Video Enterprises, Inc. HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, Digital Video Enterprises, Inc. DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Inaccuracies or Errors
The descriptions, pictures and other representations of products on this site may contain inaccuracies and errors. Digital Video Enterprises, Inc. does not make any warranty or representation with respect to the accuracy or completeness of any such information.
Furthermore, the prices and availability of products on this site may change without notice to you at any time in Digital Video Enterprises, Inc.’s sole discretion.
Digital Video Enterprises, Inc. shall have the right to refuse or cancel any orders placed for product listed at incorrect price. Digital Video Enterprises, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Digital Video Enterprises, Inc. shall promptly issue a credit to your credit card account in the amount of the charge.
Local Laws; Export Control
Digital Video Enterprises, Inc. controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
The materials on this Site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Trademarks
The Digital Video Enterprises, Inc. logo, Digital Video Enterprises, Inc.resence™, Digital Video Enterprises, Inc.™ and all products denoted with™ or ® are trademarks or registered trademarks of Digital Video Enterprises, Inc.. Digital Video Enterprises, Inc. trademarks may not be used in connection with any product or service that is not a Digital Video Enterprises, Inc. product or service.
Terms of Use Revisions
Digital Video Enterprises, Inc. may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.
Applicable Law
Any action related to these Terms will be governed by the law of the State of California, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
Unauthorized Activities
Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Digital Video Enterprises, Inc. and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
Terms and Conditions:
Disclaimer
Digital Video Enterprises, Inc.resence Inc.(Digital Video Enterprises, Inc.) has prepared this site and business plan (the Plan”) for delivery to a limited number of parties who may be interested in a transaction (a “Proposed Transaction”) with Digital Video Enterprises, Inc. which results in the acquisition of IP and assets.
This Plan has been prepared solely for the use of the party named on the online access page for the purposes described herein. The information contained in this Plan or otherwise provided in connection with any Proposed Transaction is confidential and proprietary to Digital Video Enterprises, Inc.. Such information is being submitted solely for your confidential use with the express understanding that without Digital Video Enterprises, Inc.’s prior written permission, you will not release this document or discuss this information or make reproductions or use of this Plan or such information, for any purpose other than evaluating a Proposed Transaction. By your acceptance of this Plan, you acknowledge and agree to the foregoing restrictions and you agree to return promptly to Digital Video Enterprises, Inc. this Plan and any other documents or information furnished to you and to destroy any copies thereof and any notes taken therefrom upon request, or if you or Digital Video Enterprises, Inc. elect not to proceed with a Proposed Transaction.
This Plan is not an offer to sell, nor solicitation of an offer to purchase securities of 4D or any other entity or to engage in any other transaction. It has been provided to assist you in evaluating a Proposed Transaction. Digital Video Enterprises, Inc. reserves the right to: (i) negotiate with one or more potential parties to a Proposed Transaction; (ii) terminate, at any time, the Proposed Transaction process or participation in such process by any party; (iii) modify, at any time, any procedure relating to such process for any reason; and (iv) amend or replace the Plan at any time. 4D reserves the right to take any action during the evaluation period, whether or not in the ordinary course of business.
This Plan has been prepared for information purposes only. The information contained in this Plan or otherwise provided in connection with the Proposed Transaction was prepared and presented by Digital Video Enterprises, Inc.. Such information comes from Digital Video Enterprises, Inc. as a Source or from Sources believed by 4D to be reliable. This Plan does not purport to be all-inclusive or to contain all of the information that you would need in connection with a Proposed Transaction. You must conduct your own diligence, review of Digital Video Enterprises, Inc. and any Proposed Transaction. The statements made in this Plan are not investment, tax, accounting, or legal advice. You should consult your own investment, tax and other advisors, accountants and legal counsel as to legal, tax, accounting, and related matters concerning Digital Video Enterprises, Inc. and any Proposed Transaction. This Plan does not contain all of the information that would normally appear in an offering registered under the Securities Act of 1933. This plan has been prepared solely by Digital Video Enterprises, Inc., and references to any other persons or institutions do not infer responsibility or liability on their part. The only obligations of any such person shall be those of Digital Video Enterprises, Inc. set forth in a definitive agreement regarding a Proposed Transaction. Acceptance of this Plan constitutes your acknowledgment of this statement. This Plan includes certain statements, estimates and projections with respect to Digital Video Enterprises, Inc. anticipated future performance. The prospective financial information included in this Digital Video Enterprises, Inc. was not prepared with a view toward compliance with the published guidelines of the SEC or compliance with the guidelines established by the American Institute of Certified Public Accountants for the preparation of projections (the AICPA Audit and Accounting Guide for Prospective Financial Information). Digital Video Enterprises, Inc.’s Financial Advisors have not compiled, examined, or performed any procedures with respect to the accompanying prospective financial information, and, accordingly, does not express an opinion or any other form of assurance with respect thereto. The statements, estimates and projections contained herein are based upon various market forecast and intelligence reports. This data has led management to certain assumptions and conclusions which may prove to be incorrect. Such assumptions are inherently subject to significant uncertainties and contingencies, many of which are beyond Digital Video Enterprises, Inc.’s control. Actual results are likely to vary, perhaps materially, from projections contained herein.
This Plan contains forward-looking statements throughout. In some cases, you can identify forward looking statements by terms such as “may”, “will”, “should”, “could”, “would”, “expects”, “plans”, “anticipates”, “believes”, “estimates”, “projects”, “predicts”, “potential”, or “continue” or the negative of those forms or other comparable terms. Digital Video Enterprises, Inc. forward looking statements involve known and unknown risks, certainties and other factors which may cause 4D actual results, performance or achievements to be materially different from any future results, performance, or achievements, expressed or implied by the forward looking statements. Because of these uncertainties, you should not place undue reliance on Digital Video Enterprises, Inc. forward looking statements. Digital Video Enterprises, Inc. does not intend to update or publicly announce the results of any revisions of any of Digital Video Enterprises, Inc. forward looking statements contained herein, whether as a result of new information, any future events or otherwise. Valuations are only projections and assume if an exclusive license has been completed between Videotronic Systems and Digital Video Enterprises, Inc..
Except as otherwise indicated, this Plan speaks as of the date hereof. The delivery of this Plan does not imply that there will be no change in the affairs of Digital Video Enterprises, Inc. after the date hereof or create any duty to update or supplement any information provided in this Plan or otherwise. All communications or inquiries relating to this Plan should be directed to the persons listed below. The Proposed Offering may be terminated at any time. Each prospective investor should thoroughly review this Business Plan and the assets being offered before deciding to purchase of any assets or invest. The Company will furnish each prospective investor with such additional information as may be requested and that the Company may possess or can obtain without unreasonable effort or expense.
Use of images: Various images on this site may depict people or businesses that should not be construed as having a direct relationship with Digital Video Enterprises, Inc.. These images are used only for illustration purposes in this private site.
Agreement
All images and video on this site are copyrighted by Digital Video Enterprises, Inc.. The Recipient entering this site by the secure means provided, agrees that he/she personally and on behalf of the Company he/she represents will hold all Confidential Information disclosed to him/her by Digital Video Enterprises, Inc. as revealed in the entirety of this site, including all material, technology and plans described and illustrated herein in this site and/or given by Digital Video Enterprises, Inc. to Recipient in confidence by any means. This confidentiality shall survive for three years from the date of accessing this site. Recipient will not reverse engineer or use the confidential information in any way without the expressed written permission of Digital Video Enterprises, Inc.. The Recipient is bound to hold information in confidence, the Recipient will not disclose the information to any person who has not given the Digital Video Enterprises, Inc. this confidentiality agreement in this form or by other non-disclosure. This entire site and all material, images and business plans and inventions are confidential. Nothing between Digital Video Enterprises, Inc. and recipient shall be construed as a transfer of property or license of property.