– THIS IS NOT A FREE SERVICE, PLEASE READ CAREFULLY TO PAY THE USAGE FEES -
- LAST UPDATED DECEMBER 15, 2009 –

By using the Services of DAVIDKAM.COM, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement below:

1. The DAVIDKAM.COM site. Welcome to DAVIDKAM.COM. DAVIDKAM.COM is a ISP (Internet Service Provider).

2. The Agreement.The usage of DAVIDKAM.COM website and the Copyrighted Materials is not a right, but a privilege. This Agreement is accepted upon your viewing the website and/or use of the Services for any reason whatsoever. You agree to be bound by this Terms of Service Agreement (this "Agreement"), whether or not you are a unregistered Member or you are a registered Member. In this agreement, "you", "your" and refer to each Member, and "we", "us" and "our" refer to DAVIDKAM.COM. This Agreement , including the Copyright, and the Disclaimer sets out the legally binding terms of your use of the Services and may be modified by DAVIDKAM.COM from time to time, such modifications to be effective upon posting by DAVIDKAM.COM. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by DAVIDKAM.COM, including the full payment of the Copyright Usage Fees.  You agree to not use any excuses whatsoever, including but not limited to excuses that you have not read this Agreement or you have not seen this Agreement or you were not aware of this Agreement or you have not understood this Agreement as reason not to abide by this Agreement or not honoring this Agreement or to circumvent this Agreement, including using any legal means to do so; you agree to forfeit and waive the right of using any excuse(s) whatsoever not to abide by this Agreement. If you do not accept this Agreement, do not use our Services or view our website. In this agreement, "you", "your" shall mean you, and where applicable, all of: your organization, your officers, your employees, and any people under your authority and/or management and/or jurisdiction. Furthermore, you agree to waive any exemptions and exceptions for any reason whatsoever.

3. Eligibility. To view and/or become a member of DAVIDKAM.COM and its website, you agree to abide by the following terms and conditions below:

      (a) Individual: If you are an individual, you must be eighteen (18) years or over to use the Service. You certify to DAVIDKAM.COM that, that you are at least 18 years of age. Please note that minors may be protected with filtering and parenting software; it is the parents’ sole responsibility to ensure that you meet the minimum age requirements.

      (b) Legal Entity: If you are a legal entity, that you certify to DAVIDKAM.COM that you agree to this Agreement and agree to pay for the Copyright Usage Fee.

      (c) Government Entity: If you are a government entity, that you certify to DAVIDKAM.COM that you agree to this Agreement and agree to pay for the Copyright Usage Fee.

Membership is void where prohibited, but you still agree to be subject to the terms and conditions of this Agreement, including the Copyright Usage Fees, with no exceptions for whatever reason whatsoever.

Even though all of the abovesaid is enforced, there is a small chance that you might become exposed to Contents from DAVIDKAM.COM and its websites although you are not eligible, consequently you hereby waive your right to any damages (from any party) related to such exposure, including to your organization, your members and any people under your authority and/or management and/or jurisdiction..

It is your sole responsibility, not ours to apply Internet filters if you do not want the Content, and the websites from the DAVIDKAM.COM to be viewed or used by ineligible people and ineligible organizations.

By using the Service, you are making the representation that you are one of the above and you agree to pay any Copyright Usage Fees and/or DAVIDKAM.COM’s service fees, where applicable. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. DAVIDKAM.COM may elect to accept or reject your registration application for any reason at its sole discretion. You agree that your application for Service and the performance of Service will occur at our offices in Los Angeles, California, USA, the location of our head office or any other location selected by DAVIDKAM.COM.

4. Copyright Usage Fees.

All the content of DAVIDKAM.COM, its website and all content relating to the DAVIDKAM.COM are used under license through the copyright holder Artist David Kam ("Copyright Holder"). Upon using DAVIDKAM.COM, entering its websites, and using content related to the DAVIDKAM.COM (collectively ""Copyrighted Materials), you agree to pay the following Copyright Usage Fees.

We use an honor system for payment of the Copyright Usage Fees, so please calculate and pay the following Copyright Usage Fees below prior to using DAVIDKAM.COM, its websites and content related to the DAVIDKAM.COM:

Copyright Usage Fees

(a) Individuals: For non-commerical use, viewing is free per page viewed per viewer; Printing is US $5.00 per page printed, plus US $5.00 per page reproduced (photocopied, printed or digitally storage/format);

(b) Legal entity and Government Entity:Viewing US $25.00 per page per viewer; Printing US $25.00 per page printed, plus US $25.00 per page reproduced (photocopied, printed or digitally storage/format);

Make checks payable to: David Kam, Copyright Holder

Send check to:
Attn: David Kam, Copyright Holder of DAVIDKAM.COM
c/o BE MY WATCH
420 enclave circle
suite 302
Costa Mesa, CA
USA
92626

If you do not agree to the Copyright Usage Fees, do not use the Copyrighted Material. There are no exceptions for legal entities and government entities to pay the Copyright Usage Fees for any reason whatsoever or any excuse whatsoever or for any purpose whatsoever, unless you have a written and signed consent from the Copyright Holder. You waive all rights for fair use of the Copyrighted Material, unless you are accredited by the DAVIDKAM.COM as a library or a school.

You agree to waive all rights that provides you free use of the Copyrighted Material. You agree to waive all rights of using any excuse(s) whatsoever not to abide by DAVIDKAM.COM Terms of Service Agreement. If you do not accept DAVIDKAM.COM Terms of Service Agreement, do not use our Services or view our website or the Copyrighted Materials.

If you continue to use the Copyrighted Materials after the cease and desist order by Copyright Holder and/or the DAVIDKAM.COM, you agree to pay an additional Penalty Usage Fee on top of the Copyright Usage Fee of US $50 per page per day in violation of this Agreement and/or cease and desist order.

All rights reserved.

5. About Us. DAVIDKAM.COM as described above is just a venue offered by DAVIDKAM.COM, for members to interact, communicate, buy, sell and to exchange ideas, products and services with one another. The DAVIDKAM.COM acts as an Internet Service Provider (ISP) and does not monitor or endorse members postings or offerings, whatsoever on DAVIDKAM.COM or anywhere else for that matter.

The brands, websites, products and services DAVIDKAM.COM (individually or collectively "Services" or "Websites"). 

6. Term. This Agreement will remain in full force and effect while you use the Service, whether or not you are registered. Even after you cease to become a Member or the membership is terminated or you discontinue using the Services, this Agreement will remain in effect.  

7. Temporary Storage. You are fully responsible for creating and retaining copies of, including backups of all files, data and other materials as may be necessary for reconstruction of any files, information material or messages lost or ms-processed by DAVIDKAM.COM. You acknowledge that DAVIDKAM.COM may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings, chat transmission or other uploaded Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on DAVIDKAM.COM servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that DAVIDKAM.COM has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. 

8. Modifications to Service. The DAVIDKAM.COM reserves the right at any time and from time to time to modify or discontinue or transfer, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that DAVIDKAM.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You further acknowledge that DAVIDKAM.COM reserves the right to modify these general practices and limits from time to time

9. Type of Use by Members. You agree to use our Services for personal non-commercial uses and only commercial endeavors connected contractually with DAVIDKAM.COM. You agree not to post or transmit any Content containing commercial endeavors that does not directly pay DAVIDKAM.COM or that circumvents DAVIDKAM.COM’s payment system or competes with any of the Services or is for the benefit of a third party or from any web page. Furthermore, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

10. Security. When you register a Services with DAVIDKAM.COM through our Services or affiliated sites or associated sites, you are responsible for selecting a security procedure to protect your Services registration records (including your contact records and host records) from unauthorized changes. You agree to immediately notify DAVIDKAM.COM of any unauthorized use of the Content or Services or any other breach of security. You agree to ensure that you exit and properly log off from your account at the end of each session. 

11. Moving. In order to register or obtain or to maintain your Services, you represent and warrant to DAVIDKAM.COM that you lawfully reside at the address provided to us in your registration information. Additionally, you agree to promptly notify us of the address of your new dwelling, prior to moving.

12. Communications. You also understand and agree that the Services may include advertisements and that these advertisements are necessary for DAVIDKAM.COM to provide the Services. You also understand and agree that the Services may include certain communications from DAVIDKAM.COM, such as service announcements, administrative messages and the newsletter and that these communications are considered part of being a Member and you will not be able to opt out of receiving them. 

13. Grant of Software License. On the registration approval date and pursuant to this Agreement, DAVIDKAM.COM hereby grants you a single one (1) year personal, non-transferable, revocable, Eminent Domain and non-exclusive right and license to use the object code of DAVIDKAM.COM’s software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by DAVIDKAM.COM for use in accessing the Services.

14. Grant of Copyright Usage License. On the payment of the Copyright Usage Fees and pursuant to this Agreement, DAVIDKAM.COM hereby grants you a single one (1) year personal, non-transferable, revocable, Eminent Domain and non-exclusive right and license to use DAVIDKAM.COM’s written copyrighted content, including from the website, other than software ("Content"); provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Content or use it to attack/harm DAVIDKAM.COM or its officers or its affiliates or its subcontractors. You agree not to modify the Content in any manner or form, or to use modified versions of the Content, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by DAVIDKAM.COM for use in accessing the Services.

15. Grant of Promotion License.  On the registration approval date and pursuant to this Agreement, DAVIDKAM.COM hereby grants to you a single one (1) year personal, non-exclusive, revocable, non-transferable, Eminent Domain and limited license to use the Services for personal non-commercial use to promote, advertise, and display personal Content on the Services. If you intend to pursue commercial endeavors, DAVIDKAM.COM’s commercial Services is the only place where you can advertise your products or services. You may not engage in advertising or solicitation of, other Members to buy or sell any products or services through the Services, except by displaying the products or services through DAVIDKAM.COM’s Commercial Services. Commercial services shall be deemed services that use the DAVIDKAM.COM Network’s payment interface and payment system ("Commercial Services").

16. Grant of License to DAVIDKAM.COM. The DAVIDKAM.COM does not claim ownership of content you submit or make available for inclusion on the Services. After posting or submitting your content to the Services, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. However, with respect to registering, using, submitting, posting, uploading, transmitting or otherwise making available any content, including but not limited text, images, profiles, music, video, data, software, sound, photographs, graphics, messages, other materials, and media in any format, whether publicly posted or privately transmitted (collective referred to as "Content") to or from the Services, you automatically grant, and you represent and warrant that you have the right to grant to DAVIDKAM.COM a worldwide, royalty-free, non-exclusive (including any moral rights), irrevocable, perpetual, sublicenseable (through multiple tiers), fully paid license to use, copy, perform, display, reproduce, modify, adapt, publish, perform, distribute, and otherwise exploit the Content (in whole or in part), and to prepare derivative works of, or incorporate into other works, in all current and future media for the purpose of displaying, advertising, marketing, distributing, exploiting, and promoting the Services and DAVIDKAM.COM. DAVIDKAM.COM has the right to refuse or remove any Content that violates this Agreement or that is, in DAVIDKAM.COM’s sole discretion, objectionable.

Without this license, would be unable to provide the services. For example, without the right to modify your Content, DAVIDKAM.COM would not be able to digitally compress video files that Members submit or other Content formats to satisfy technical requirements, and without the right to perform your Content, DAVIDKAM.COM could not allow other Members to see to videos posted by Members. The license you grant to DAVIDKAM.COM is non-exclusive (meaning you are free to license your Content to anyone else in addition to DAVIDKAM.COM), fully-paid and royalty-free (meaning that DAVIDKAM.COM is not required to pay you for the use on the Services of the Content that you post), sublicensable (so that DAVIDKAM.COM is able to use its affiliates and subcontractors such as Internet content delivery networks to provide DAVIDKAM.COM services), and worldwide (because the Internet and DAVIDKAM.COM Services are global in reach).

17. Content Syndication. The DAVIDKAM.COM offers the DAVIDKAM.COM Social Search engine ("Engine"), which allows people to search for content on listed blogs and social networks worldwide. If you intend to place the Engine on your site or blog, please placed the powered by DAVIDKAM.COM logo next to the Engine. The DAVIDKAM.COM also offers RSS feeds, JavaScript feeds, and widget feeds for syndication free of charge to individuals and non-profit organizations for personal, and non-commercial uses. If you distribute DAVIDKAM.COM’s content via an RSS feed, we ask that you attribute it to DAVIDKAM.COM. If you provide this attribution with an image, please use the DAVIDKAM.COM logo that appears in the upper left corner of this page. 

18. Solicitation Prohibited. DAVIDKAM.COM shall immediately terminate any registration, Services, license, and data, plus impose penalties and seek damages, which it believes, in its sole discretion:

(a) is transmitting, posting, publishing or is otherwise connected with any "spam" or "junk mail", "chain letters" or other unsolicited bulk E-mail; you further agree that DAVIDKAM.COM shall be the sole judge of what it considers "spam" or "junk mail", "chain letters";

(b) DAVIDKAM.COM finds in its sole judgment any Content on your Account or links from your Account, to be offensive, illegal, or that might violate the rights, harm, violate this Agreement, or threaten the safety of Members. You are solely responsible for the Content that you publish, display or transmit from or to the Services, or to other people or to other entities;

(c) in addition, because damages are often difficult to calculate, you agree to immediately pay DAVIDKAM.COM liquidated damages of $20 for each piece of: (a) spam and/or (b) posting  and/or (c) unsolicited commercial E-mail transmitted to each third party from or otherwise connected with your Domain Name or E-mail or your Account, otherwise you agree to immediately pay DAVIDKAM.COM actual damages, to the extent such actual damages can be calculated solely by DAVIDKAM.COM;

(d) advertising or placing commercial material on the Services is illegal, except as provide for in the Commercial Services section and only in accordance with the terms of this Agreement. However, in the event if advertising is placed on the Services or any of the other Members’ Account by you, except as provide for in the Commercial Services section and only in accordance with the terms of this Agreement, you agree to pay to DAVIDKAM.COM $ 20 per page view per Member, commencing from the day of your use of the Services to the end of the time we receive your payment.

(e) commercial entities using directly or indirectly or through a agent the Account or Services for personal use or masquerading as personal use Members for any reason whatsoever is prohibited and damages caused by such actions are irreparable; the Member and the commercial entity in violation of this paragraph jointly and severely agree to immediately pay DAVIDKAM.COM actual damages, to the extent such actual damages can be calculated solely by DAVIDKAM.COM;

(f) DAVIDKAM.COM finds you use any means to attack/harm DAVIDKAM.COM or to disrupt DAVIDKAM.COM’s services or used it to undermine integrity or undermine its performance or to shut down (or disrupt) the website/Services of DAVIDKAM.COM.

You agree to immediately pay for any damages estimated by DAVIDKAM.COM in its sole discretion, and shall not challenge such damage estimates in any court of law.

19. Acceptable Use. Violations by your use of the Services or violation of network security may result in civil or criminal liability. You acknowledge and warrant to DAVIDKAM.COM that you will not utilize the Services for illegitimate purposes, which is prohibited by or would violate any applicable local, state, national, international laws, regulations, legal obligation, terms and conditions of this Agreement, policies of DAVIDKAM.COM, notices of DAVIDKAM.COM, or for purposes that may create civil or criminal liability. You agree that you are solely responsible for all acts or omissions that occur under your Account, and use of the Services, including any and all Content which originates directly or indirectly, uploaded, posted, make available or transmit through and from the Services. The following is not acceptable and prohibited by DAVIDKAM.COM:

(a) provide to a third party any personal telephone numbers, street addresses, last names, URLs or email addresses, except in the Commercial Endeavors approved by DAVIDKAM.COM;

(b) uses which are offensive, defamatory, deceptive, abusive, threatening, harmful, defamatory, libelous, vulgar, obscene, hateful, pornographic, racially or ethically objectionable, profane, infringing, indecent, physically harmful, mentally harmful, emotionally harmful or unlawful material; 

(b) uses that promotes or violate or infringe upon the rights of any other person, such as unauthorized distribution of material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary written consents. This includes, but not limited to illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

(c) uses, promotes or displays pornographic or sexually explicit material of any kind or provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18 or post mature Content in sections of the Services not categorized for mature Content. Mature content must be posted in Services officially classified as mature;

(d) "spamming," sending or posting or transmitting or engaging or participating in unsolicited bulk E-mail messages, any duplicative or unsolicited transmissions, sending unsolicited advertising, surveys, contests, lottery, barter, advertising, sweepstakes, chain letters, junk email, or similar conduct;

(e) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

(f) create a false identity or false profile or impersonate or misrepresent any person or entity or is false or is misleading or uses misleading email addresses or other manipulated identifiers or forge headers to disguise its origin or promotes illegal activities, including but not limited to: for the purpose of misleading others as to the identity of the sender or the origin of a transmission or for whatsoever purpose. Your profile must describe you, as a real individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you;

(g) creating a false identity or false profile or impersonation or misrepresentation shall also mean commercial entities using directly or indirectly or through a agent the Account or Services for personal use or masquerading as personal use Members for any reason whatsoever;

(h) harvest or solicits passwords or otherwise collect information about others, including email addresses, screen names, Domain Names, collect or store personal data about other users or solicit or attempt to discover a user’s password, screen name, or other registration Information, with or without their consent or attempt to gain unauthorized access to other Members’ Accounts and Domain Names, other accounts, other user’s computers, computer systems or networks connected to the Services, through password mining or any other means or personal identifying information for commercial or unlawful purposes from other users or accessing data not intended for such user or logging into a server or account which you are not authorized to access or attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(i) provide links to sites, networks, content, framing or resources that are themselves in violation of the letter or spirit of this Agreement, or promote the violation of this Agreement or make available tools or information whose primary use constitutes a violation of the letter or spirit of this Agreement;

(j) use your web pages or directory as storage for illegal remote loading or as a door or signpost to another web page, whether inside or outside DAVIDKAM.COM or your website or Services;

(k) develop illegal hidden pages or images (those not linked to from another accessible page), or restrict access to any pages other than through password protection mechanisms provided or approved by DAVIDKAM.COM; 

(l) involve in a campaign to attack/harm DAVIDKAM.COM or to disrupt the Services or to undermine its integrity or undermine its performance or to shut down (or disrupt) the website/Services of DAVIDKAM.COM.

(m) intentionally or unintentionally violate any law or regulations promulgated by any stock market, including the U.S. Securities and Exchange Commission, any rules of any international, national or any other stock exchanges or any regulations having the force of law;

(n) threats to or harassment, advocates harassment, abuse, stalk, or otherwise violate the legal rights (such as rights of privacy and publicity) of others or harm minors in any way or promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or injury, or promote any illegal act of cruelty to animals. This includes, but is not limited to, providing instructions on how to assemble bombs and any other weapons or drugs, and creating Crush sites;

(o) promoting or transmitting or sending or uploading or posting or receiving any material that contains any virus, worm, cancelbot, trojan horse, time bomb or other harmful component or deleterious programs; DAVIDKAM.COM reserves the right to terminate or suspend your Account if it is the unwitting recipient of any of the above or other harmful devices that could cause problems for the entire DAVIDKAM.COM system;

(p) violating U.S. export regulations by mailing abroad restricted data or software. If you violate these rules or DAVIDKAM.COM learns of other unlawful or harmful use of the Services by you, DAVIDKAM.COM may terminate Member’s Services and take other action it deems appropriate, including notifying the authorities and suing for damages. You agree to comply with all U.S. export control laws and their implementing regulations;

(q) uses that in a manner which significantly and adversely affects the performance or availability to others of the Services, or in a manner that interferes in any way with DAVIDKAM.COM’ computers or network security or another Member or Member’s use and enjoyment of the Services or another individual’s or entity’s use and enjoyment of similar Services, including, but limited to overloading, "flooding", "spamming", "mailbombing" or "crashing" the Services;

(r) posting or transmitting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;

(s) deleting, revising or reposting any Content posted by any other Members or entity, without written permission or attribution;

(t) disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;

(u) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents available from DAVIDKAM.COM, and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Opera, AOL, Firefox).

(v) using any automated system or automated use of the system, such as using scripts to add friends, do registrations, post Content or send comments or messages;

The DAVIDKAM.COM site does not represent or guarantee the truthfulness, accuracy, or reliability of communications. You acknowledge that any reliance on material posted are at your own risk. Even though all of the abovesaid is strictly prohibited, there is a small chance that you might become exposed to such abovesaid items and you further waive your right to any damages (from any party) related to such exposure. You shall immediately notify DAVIDKAM.COM of any security breach in, or unauthorized use of, your Account. DAVIDKAM.COM has no obligation to monitor the your Account or Domain Names and how it is being used or any user’s use thereof or retain the Content of any user session. However, DAVIDKAM.COM reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

20. Intellectual Property. The compilation (meaning the collection, arrangement and assembly) of all content, services, products, brands, technology, data, know-how, software and Services provided by DAVIDKAM.COM is the proprietary technology and intellectual property of DAVIDKAM.COM, and its licensors. You acknowledge that DAVIDKAM.COM, and its licensors are the worldwide owner of all the title, right, goodwill, control and interest in and to the content, such as data, text, software, images, graphics, logos, button icons, software, music, sound, photographs, graphics, video, messages, know-how, and other material of DAVIDKAM.COM or its licensors for the Services, patent, trade-mark, copyright, goodwill, and all other types of intellectual property (whether past, present, and future, individually or collectively referred to as "Intellectual Property"). You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original material on any copy you make of the Intellectual Property. You shall not copy or adapt the HTML code or any other code that DAVIDKAM.COM creates to generate its pages or attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services. You shall not have any interest in the Intellectual Property, other than the right to use the Intellectual Property in accordance with this Agreement. You agree not to challenge the validity of the title of DAVIDKAM.COM, its affiliates or its licensors to the aforesaid Intellectual Property, and you shall not do any act that may prejudice the validity of any of them. All rights reserved. The services and products provided to you by DAVIDKAM.COM, are provided to you is a privilege, and is not a right. You acknowledge DAVIDKAM.COM, and its licensors are the intellectual property, trade-mark, copyright, patent, domains, sub-domains, and any other indicia owner for the following, including, but not limited to: DAVIDKAM.COM. You agree and acknowledge that DAVIDKAM.COM and its licensors owns all database, compilation, collective and similar rights, title and interests worldwide in our database, and all information and derivative works generated from the database, as well as all data collected, obtained, given, gathered, transmitted, registered, submitted, received by you or by us. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, rent, lease, loan, lien, distribute or sell any such proprietary information of DAVIDKAM.COM or of other Members. The passwords, member profiles, compiled names, photos, links, and Services content are not to be transferred or copied from the Services for use with any other product or service. Illegal and/or unauthorized uses of the Services, including collecting IDs, passwords, and email addresses of members by electronic or other means for the purpose for any purpose whatsoever is prohibited, including, but not limited to sending unsolicited email, unauthorized framing of or linking to websites will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. The Content of DAVIDKAM.COM is the copyright of Artist David Kam.

21. Privacy. Use of the Services is also governed by our Privacy Policy, which is an integral part of this Agreement.

22. Commercial Transactions. Commercial Transactions on the Services are governed by our Commercial Transaction Policy, which is an integral part of this Agreement.

23. DAVIDKAM.COM.  Your participation in Commercial Transactions on DAVIDKAM.COM is governed by the Commercial Transaction Policy, which is an integral part of this Agreement. Purchasing and selling securities may require your acceptance of certain agreements by the issuing company, such as subscription agreements, shareholder agreements and its policies.

24. Pricing.

(a) All fees are immediate, and nonrefundable, in whole or in part, even if your Services is suspended, canceled or transferred prior to the end of your then current registration term. DAVIDKAM.COM reserves the right to change fees, surcharges, renewal fees or to institute new or additional fees at any time, for any reason, at its sole discretion. DAVIDKAM.COM may take all remedies available to collect fees owed; 

(b) in the event of a charge back by a credit card company (or similar action by another payment provider) in connection with the payments of the Services, you agree and acknowledge that the registration for the Services shall be transferred back to DAVIDKAM.COM and we reserve all rights regarding such Services including, without limitation, the right to make the Services available to other parties for purchase. We will reinstate your Services solely at our discretion, and subject to the receipt of the fees owing, plus the then-current reinstatement fee, currently set at US $50.00;

(c) you will be notified thirty (30) days prior to when a renewal fee for the Service is due. Should a renewal fee for the Service go unpaid thirty (30) days after the renewal notice, your registration for the Service will be canceled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. You agree that you will not transfer your Services to another third party.

25. Right of Refusal. Your registration or use or nonuse of the Account or Service(s) or Domain Name is a privilege and not a right; nothing in this Agreement says it is a right and if any part of this Agreement or our policies or our rules indicate otherwise, than this paragraph shall supersede the contradictory part of this Agreement or our policies or our rules. DAVIDKAM.COM in its sole discretion, reserves the right to refuse to register or modify your Account, Service or Domain Name or use of the Services or register you for any of DAVIDKAM.COM’s Service, and has the right to delete your Account, Service or Domain Name from the registration for such services. Furthermore, in the event a prohibited Domain Name or Content containing control characters and/or prohibited characters and/or irresolvable characters or scripts and/or prohibited Domain Names are being registered or have been registered or submitted or uploaded, DAVIDKAM.COM in our sole discretion, reserves the right to refuse to register or modify your chosen Domain Name or register you for other DAVIDKAM.COM’s Service, and has the right to delete or to cancel or to suspend your Account, Service or Domain Name at anytime. For any paid Account, in the event we do not register your Account, Service or Domain Name, or we delete your Account, Service or Domain Name, we agree to refund any applicable fees you have paid, provided you acted in good faith. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register to use the Services or refusal to register you for other DAVIDKAM.COM’s services, for any reason whatsoever.

26. Third Party Usage and Data. You cannot permit someone else to use your Account or Services to purchase or otherwise acquire access to the Services or to modify or cancel your Services, without DAVIDKAM.COM’s prior written consent. You agree to be responsible for the protection, confidentiality or usage of your ID, password, Service, and Account.

27. Dispute Policy. As a ISP, we provide a venue for Members to communicate with one another, consequently you agree to be solely responsible for your interactions with other Members. The DAVIDKAM.COM reserves the right, but has no obligation, to monitor disputes between you and other Members. Disputes for use of the Services or between Members or between you and DAVIDKAM.COM are governed by our Dispute Policy. Any dispute between DAVIDKAM.COM and you about or involving DAVIDKAM.COM Services must be settled by arbitration utilizing the dispute resolution procedures of a arbitration organization chosen by DAVIDKAM.COM, a jurisdiction chosen by the Copyright Holder or DAVIDKAM.COM, provided that the foregoing shall not prevent DAVIDKAM.COM from seeking injunctive relief in a court of competent jurisdiction.

You agree that, if your use of the Services is challenged by a third party, you will be subject to the provisions specified in our Dispute Policy in effect at the time of the dispute. You agree that in the event a dispute arises with any third party, you will indemnify at your own expense (including, but not limited to attorney fees and legal cost) and hold DAVIDKAM.COM, and its licensors harmless pursuant to the terms and conditions set forth in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our Services, you agree not to make any changes to your Services without any prior written approval from DAVIDKAM.COM. We may not allow you to make changes to such Services record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our Services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your use of our Services, DAVIDKAM.COM may deposit control of your Services into the judicial body, by supplying a party with a DAVIDKAM.COM certificate from DAVIDKAM.COM.

28. Changes. You acknowledge that DAVIDKAM.COM’s business system and the practice of registering and administering the Services is in the "BETA" stage and is evolving, and therefore you agree that DAVIDKAM.COM may modify: (1) this Agreement, the Dispute Policy, the Commercial Transaction Policy, the Dispute Policy, the Rules of Procedure and Privacy Policy, and any of the DAVIDKAM.COM’s current and future policies or procedures; (2) part or all of the Service; (3) any fees or prices, provided under this Agreement at any time, at its sole discretion, including but not limited to and any other agreements that DAVIDKAM.COM is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the Service on the DAVIDKAM.COM website. You agree to be responsible for periodically reviewing our website, including the current version of this Agreement available on our website, to be aware of any such revisions. Your continued use of Services shall constitute your acceptance of this Agreement, policies and notices, including any new modifications. You agree that such cancellation will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or any of our policies or notices. If you do not agree to any such changes, you may request that your Services be terminated, and canceled, under the terms and conditions of this Agreement. You agree to indemnify and hold harmless DAVIDKAM.COM, its affiliates, its licensors, DAVIDKAM.COM’s employees and officers at your own expense (including, but not limited to attorney fees and legal cost) arising from your disagreement with the changes to this Agreement or any of our policies or notices. Notice of your termination will be effective on receipt and processing by DAVIDKAM.COM. Any fees paid by you if you terminate your Agreement with us are nonrefundable, but you will not incur any additional fees. You may terminate this Agreement at any time by providing DAVIDKAM.COM as follows:

step 1: log into your account and send a notice by email to .

step 2: print out your profile, and send by registered mail, your profile along with the above original email duly signed by you to surrender the Services account to the following address:

DAVIDKAM.COM
c/o BE MY WATCH
420 enclave circle
suite 302
Costa Mesa, CA
USA
92626

Attention: Business Affairs – Termination

29. Disclosure. You may access your registration information in DAVIDKAM.COM’s possession to review, modify or update such information, by accessing "My Account", or similar service, made available at our Services. DAVIDKAM.COM will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a Services (including any updates to such information), whether during or after the term of your registration of the Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your registration information by DAVIDKAM.COM. 

30. No re-licensing. The Services cannot be re-licensed in part or in whole, in any manner whatsoever. In the event this clause is violated, and you re-license the use of the Services registered to you to a third party, you nonetheless remain the Account, Service and Domain Name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) your own full contact information, adequate to facilitate timely resolution of any problems that arise in connection with the Services or Account.

31. Limitation of Liability. YOU AGREE THAT DAVIDKAM.COM, LICENSORS AND ITS CONTRACTORS OR ASSOCIATES OR AFFILIATES OR DAVIDKAM.COM’S OFFICERS, DAVIDKAM.COM’S EMPLOYEES OR DAVIDKAM.COM’S DIRECTORS UNDER NO CIRCUMSTANCES WILL NOT BE LIABLE FOR ANY AND ALL: (A) SUSPENSION OR LOSS OF YOUR SERVICES, (B) USE OF YOUR "SERVICES", (C) INTERRUPTION OF BUSINESS OR ACCESS BY INELIGIBLE USERS, (D) ACCESS DELAYS OR DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR SERVICES OR THE WEBSITES YOU ACCESS BY THE "SERVICES"; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DELETION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND DAVIDKAM.COM’S CONTROL; (G) THE PROCESSING OF THIS APPLICATION; (H) DAMAGES RESULTING FROM ACTS OF GOD; (I) UNAUTHORIZED USE OR MISUSE OF YOUR USER SERVICES, PASSWORD OR ACCOUNT; (J) ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICE (S) PROVIDED UNDER THIS AGREEMENT AND FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE; (K) ACTIONS OF YOUR AGENT OR FAILURE TO PAY OR ACCURACY OF INFORMATION; OR (L) OVERLAPPING OR DUPLICATE "SERVICES"; OR (M) "SERVICES" NOT BEING REGISTERED ON TIME OR AT ANY OTHER TIME OR REGISTERED BY ANY OTHER PARTY OTHER THAN YOU OR REGISTERED PRIOR TO YOU; (N) APPLICATION OF THE DISPUTE POLICY. DAVIDKAM.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DAVIDKAM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAVIDKAM.COM’S MAXIMUM AGGREGATE LIABILITY BE THE LESSER OF EITHER: (I) ONE DOLLAR (US$1.00) OR (II) THE REGISTRATION FEE PAID BY MEMBER. BECAUSE SOME STATES, PROVINCE OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PLACES, ARE NOT PERMITTED TO USE OUR SERVICE. IF IN THE EVENT, YOU USE OR CONTINUE TO USE OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, INCLUDING THIS CLAUSE. 

32. Indemnification of DAVIDKAM.COM. The Services is only a venue, and DAVIDKAM.COM is only an Internet service provider (ISP). The Services acts as a venue for Members and entities to communicate with one another, post Content, and buy/sell products. The DAVIDKAM.COM does not screen or censor Members.

Furthermore, DAVIDKAM.COM is not involved in the actual transaction between Members. As a result, DAVIDKAM.COM has no control over the quality, safety or legality of the Content on the Services or the truth or accuracy of the Content. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. Since Member identity verification on the Internet is difficult, DAVIDKAM.COM cannot and does not confirm each Member’s purported identity. The DAVIDKAM.COM has a verification system to verify the identity of Members for paid silver, gold and diamond members via credit card information, but it is not one hundred percent () accurate; for basic free members, their identities are very difficult to verify. Thus, DAVIDKAM.COM have established a Member initiated feedback system to help you evaluate with whom you are dealing. The DAVIDKAM.COM also encourage you to communicate directly with other Members through the tools available on the Services. Member assume all risks associated with dealing with other Members with whom you come in contact through the Services.

You agree, acknowledge, grant, protect, indemnify and pay all costs to DAVIDKAM.COM, our associates or others, our affiliates, and our directors, officers, employees, shareholders, contractors, and our agents from and against all liabilities or responsibilities of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, from any and all errors, omissions or any other actions, including but not limited to problems arising out of or related to: your registration application or receipt of or failure to receive a registration or use of any of the Services or Copyrighted Content or use of the Account or from your interactions with other Members. You further agree to indemnify, defend and hold harmless DAVIDKAM.COM, our associates or others, the Copyright Holder, our affiliates, and our directors, officers, employees, contractor, and our agents from and against any and all claims of any nature whatsoever (including, but not limited to contractual and extra-contractual, actual and consequential, direct and indirect, punitive), damages, liabilities, costs, and expenses (including legal fees and expenses) arising out of, or related to, your registration or use of any of the Services or from your interactions with other Members.  You agree to defend, indemnify and hold harmless DAVIDKAM.COM, our contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns for any, and all loss, liabilities, claims, expenses, damages and costs, including attorneys’ fees, resulting from any third party claim and/or claim by you, action, or demand related to the registration or arising from this Agreement or use of the Services registered by you or information posted on Services or from your interactions with other Members.

You agree to immediately pay the US $55,000 Indemnification Fee per claim to each of DAVIDKAM.COM and/or the Copyright Holder and/or our associates and/or our affiliates, and/or our directors, officers and/or employees and/or shareholders and/or contractors and/or our agents to help with the costs of any claims that are made by you and/ or by a third party; furthermore, you agree and guarantee full payment of all: loss, liabilities, claims, expenses, damages and costs, including attorneys’ fee of any nature whatsoever. Payment of the Indemnification Fee must be made prior to a filing a claim made by you or made by a third party.

If you are a California resident, you waive California Civil Code §1542, which says: "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." 

33. Representations and Warranties. You represent that, to the best of your knowledge, belief, and after your due diligence research, neither the use of the Services nor the manner in which it is directly or indirectly used infringes the legal rights of you or any other third party and you are Eligible to use the DAVIDKAM.COM. You further represent and warrant that all information provided by you or your agent in connection with your Services or registration for use of our Service or Account is accurate, up to date, and correct. You or your agent, further represent that you will immediately modify, and keep the information provided to us, current, accurate, up to date, and correct, immediately as changes to the information become necessary to comply with this Agreement. You also represent you have all the necessary power and authority to execute this Agreement, to perform your obligations, and you are of legal age to enter into this Agreement. YOU AGREE ALL "SERVICES" AND ASSOCIATED SERVICES ARE PROVIDED TO YOU "AS IS." WE EXPRESSLY DISCLAIM, AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR OUR "SERVICES", INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, DAVIDKAM.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A "SERVICES" OR USE OF THE "ACCOUNT" UNDER THIS AGREEMENT WILL PROTECT YOU EITHER FROM CHALLENGES TO YOUR "SERVICES", OR FROM SUSPENSION, REVOCATION, DELETION, REMOVAL, CANCELLATION OR TRANSFER OF THE "SERVICES" REGISTERED TO YOU. WE MAKE NO WARRANTY THAT OUR SERVICE, WITHOUT LIMITATIONS, INCLUDING WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR SERVICE OR ASSOCIATED COMPANIES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

34. Eminent Domain. DAVIDKAM.COM reserves the right to revoke, cancel, terminate, transfer or keep, any and all Services or Account, licenses and data of the Member, registered/logged with DAVIDKAM.COM. The use of said Services or Account, licenses and data by the Member is a privilege, and not a right; DAVIDKAM.COM, in its sole discretion and without notice, may exercise such "Eminent Domain" powers over any or all Services or Account, licenses and data of the Member, whether or not the Member is registered with DAVIDKAM.COM, and thereby cause you to immediately surrender your Services and/or Account, licenses and data of your membership or Account, to DAVIDKAM.COM without any compensation to you or liability to us.

35. Breach and Revocation. You agree DAVIDKAM.COM has the right, and may suspend, cancel, transfer, revoke, delete, terminate or modify your contractual right to use the Service or Account or registration in the event (a) you materially breach this Agreement, policies or rules and do not cure such breach within fifteen (15) days of notice by DAVIDKAM.COM, (b) you use the Service or Account to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet or any other improper use, as determined in our sole discretion, (c) your use of the Services or Account in connection with unlawful activity, (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement you infringe on the rights of a third party, (e) you provide inaccurate or unreliable or false or misleading or misrepresentation or conceal or omit any information or failure to update your information to keep it current, complete or accurate, (f) you create a false identity or false profile or impersonation or misrepresentation, as defined in this Agreement, (g) you fail to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy of the contact details associated with your Services registration. Furthermore, you agree that we may suspend, cancel or transfer your Services or Account registration services in order to: (i) correct mistakes made by us for the Services or Account, or (ii) to resolve a dispute under our dispute policy. You agree, as described above, we may delete the registration or reservation of your Services and/or terminate the Service and/or terminate Account you are using or take other necessary actions without further notice. We may not refund any fees paid by you if we terminate your Services or Account. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you. You also agree that DAVIDKAM.COM shall have the right in its sole discretion to suspend, cancel, revoke, delete, transfer or otherwise modify a Services or Account anytime or at such time as DAVIDKAM.COM receives an order from its licensors or a properly authenticated order from a court of competent jurisdiction, or arbitration award or a order from any reasonable third party, requiring the suspension, cancellation, revocation, deletion, transfer or modification of the Services or Account registration. The latest Agreement shall apply and supersede all other prior agreements in any legal matters; you agree to come back to read the latest Agreement on a monthly basis.

36. No Guaranty. You agree that the registration, renewal, maintenance or past use of the Services or Account, does not confer immunity from objection to either the registration, renewal, maintenance or future use of the Services or Account.

37. Governing Law. DAVIDKAM.COM and this Agreement, your rights and obligations and all actions contemplated by using the DAVIDKAM.COM and by this Agreement shall be governed by, and both parties irrevocably attorn to, and under the exclusive laws of California, in the city and courts and/or tribunal of Los Angeles, as if you are viewing the website solely in Los Angeles and conducting activities on the DAVIDKAM.COM solely in Los Angeles, as if the Services and this Agreement was a contract wholly entered into and wholly performed within Los Angeles. When dealing with the DAVIDKAM.COM, it is as you are physically there in Los Angeles.

Except if otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the DAVIDKAM.COM or DAVIDKAM.COM site shall be brought exclusively in Los Angeles District Court for the District of Los Angeles. No other governing law in any other jurisdiction shall apply. Any cause of action by you must be commenced within one (1) year after the claim or cause of action arose or be barred. The DAVIDKAM.COM shall not be restricted by any time frame to take action.

38. Jurisdiction Exclusivity. Disputes arising from laws outside the United States (cross border or foreign disputes) will be govern by international treaties, such as NAFTA (North American Free Trade Agreement, WTO (World Trade Organization) and other relevant international treaties).

No domestic laws, no state laws , no provincial laws, no municipal laws and no other similar foreign laws outside the United States shall apply to the DAVIDKAM.COM, unless by written agreement between the DAVIDKAM.COM and the foreign entity prior to a dispute.

Any and all legal instruments (including but not limited to legal actions, motions, writs, injunctions, appeals, hearings, orders…etc.) drafted, served, executed and/or filed outside the sole jurisdiction of Los Angeles District Court for the District of Los Angeles: involving the DAVIDKAM.COM, naming the DAVIDKAM.COM, affecting the DAVIDKAM.COM and/or party to the DAVIDKAM.COM whatsoever, shall be null, void and invalid, to have never existed, unless the Los Angeles District Court for the District of Los Angeles grants to you a court order changing the jurisdiction of the court/tribunal to outside the Los Angeles District Court for the District of Los Angeles. You shall immediately pay the DAVIDKAM.COM US $35,000 plus all legal fees, management fees and administration fees to quash such legal instruments and/or to be involved in the participation of such legal instruments.

There shall be no change or transfer in jurisdiction whatsoever, if you breach any part of this Agreement and the breach has not been completely cured, including your payment of all fees to the DAVIDKAM.COM.

39. Notices. You agree that any notices required to be given under this Agreement by DAVIDKAM.COM to you will be deemed to have been given if delivered in accordance with the contact information you have provided. You authorize DAVIDKAM.COM to notify you of information that we deem is of potential interest to you. Notices and announcements may include commercial emails, web postings, postal mails, facsimiles and other notices by any communication means, describing changes, upgrades, new products and services, commercial information, Content of interest to you as determined solely by DAVIDKAM.COM or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.

40. Links to Third Party Sites. The links ("Linked Sites") included within the Services may let you leave our Services. The Linked Sites are not under the control of DAVIDKAM.COM, and we are not responsible for the contents of any Linked Sites or any link contained in a Linked Site, or any changes or updates to such sites. DAVIDKAM.COM is not responsible for any content or any other form of transmission received from any Linked Site. DAVIDKAM.COM is providing these Linked Sites for your convenience only, and the inclusion of any Linked Site does not imply endorsement or approval or recommendation by DAVIDKAM.COM of the Linked Sites or any association with their operators.

41. Proprietary Rights. You acknowledge that any content, Intellectual Property, and software presented by or anything else associated with the Services or Account are proprietary, which is owned or used under license by DAVIDKAM.COM and its respective licensors, which are protected by U.S., Canada and international copyrights, trademarks, service marks, trade secrets, industrial designs, industrial secrets, patents or other proprietary rights and laws, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you, including by DAVIDKAM.COM advertisers or other content providers. You may make a copy of this content for your personal use or approved commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, reverse engineer, change, republish, upload, post, transmit, or distribute in any way content available through DAVIDKAM.COM, its affiliated sites or associated websites, including code and software. Any rights not expressly granted herein are reserved.

42. No Survivorship. You agree that your Account, Domain Name and Services is non-transferable and any rights to your DAVIDKAM.COM ID or Contents within your Account and Domain Name terminate upon your death. Upon receipt of a copy of a death certificate, your Account and Domain Name may be terminated.

43. Non-Assignment. Your privileges under this Agreement are not assignable. In addition you agree not to transfer, loan, mortgage, pledge, encumber, rent, lease, license, sublicense or exploit this Agreement or any of the Service or Account. Any attempt by you to assign your privileges shall render this Agreement avoidable at our option. Any attempt by your creditors or assignees to obtain an interest in your privileges under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement, Service and Account voidable at our option.

44. Language. It is the express will of the parties that this Agreement and all related documents have been drawn up in English. All Parties agree that any legal documents and/or legal proceedings shall only be only in the English language. You shall provide only documents in the English language and waive any other language rights or language laws that you may have in any other language.

45 General. The section titles in this Agreement are solely used for convenience of the parties, and have no legal or contractual significance. This Agreement, along with the policies, rules and procedures, together with all modifications, constitute the complete and exclusive agreement between you and DAVIDKAM.COM concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications, whether established by custom, practice, policy or precedent. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of DAVIDKAM.COM to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by DAVIDKAM.COM of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You agree that the terms of this Agreement are severable. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. DAVIDKAM.COM will amend or replace such provision with one that is valid and enforceable and which achieves, the original objectives and intent of DAVIDKAM.COM as reflected in the original provision. This Agreement may not be amended or modified by you. If there are any inconsistencies between this Agreement and the our policies, notices or agreements, this Agreement shall prevail. No employee, contractor, agent or representative of DAVIDKAM.COM is authorized to alter or amend the terms and conditions of this Agreement, without the prior written approval of a executive senior officer of DAVIDKAM.COM. Any such actions may be deemed null, and void.

INFORMATION FOR CALIFORNIA RESIDENTS:

Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information:

Pricing Information. Current rates for using Services are in this Agreement. DAVIDKAM.COM reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time.

Complaints. The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

BY USING DAVIDKAM.COM’S SERVICE OR SERVICES OR BY ESTABLISHING AN ACCOUNT WITH US OR BY CLICKING THE "I ACCEPT" BUTTON OR BY COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING, CONSENTING, AND WARRANTING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THIS REGISTRATION AGREEMENT, THE DISPUTE POLICY, THE COMMERCIAL TRANSACTION POLICY, THE PRIVACY STATEMENT, AND ANY RULES OR POLICIES THAT ARE OR MAY BE PUBLISHED BY DAVIDKAM.COM FROM TIME TO TIME.

This is DAVIDKAM.COM Registration Agreement Version Number 3.3.