Terms and Conditions

OVERINTERACTIVE MEDIA INC.

TERMS AND CONDITIONS OF WEBSITE USE

PLEASE READ THE TERMS AND CONDITIONS OF WEB SITE USE CAREFULLY BEFORE USING THE OVERINTERACTIVE MEDIA INC. WEB SITE (THE "WEB SITE"). ANY USE OF THIS WEBSITE OR THE MATERIALS OR ANY PORTION THEREOF OF THE WEBSITE SHALL BE GOVERNED BY THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY ALL THESE TERMS AND CONDITIONS OF USE). IF YOU DISAGREE OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE DO NOT USE OR ACCESS THIS WEB SITE.

OVERINTERACTIVE MEDIA INC. ("OMI") RESERVES THE RIGHT AT ITS SOLE DISCRETION TO AMEND OR CHANGE THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH AMENDMENTS OR CHANGES SHALL BE EFFECTIVE AS OF THE DATE IN WHICH THEY ARE POSTED ON THE WEBSITE. YOU AGREE TO BE BOUND BY SUCH AMENDMENTS AND CHANGES MADE FROM TIME TO TIME AND YOUR CONTINUED USE OF THE WEBSITE SHALL CONSTITUTE AGREEMENT TO BE BOUND BY THESE REVISED TERMS AND CONDITIONS OF USE.

1. Purpose of the Web site

The purpose of this is to allow you, as a user of this Web site, to access and play our content and access our products and services. This Website is controlled and operated by OMI from our offices in the city of Vancouver within the Province of British Columbia, Canada. OMI makes no representation that the Website and Web site Materials are appropriate or available for use in other locations. It is your responsibility to ensure that your use of the Website is in compliance with local laws and the extent to which local laws are applicable.

You may use the Website and or Website Materials for personal use only and are strictly prohibited from any commercial use of the Website and or Website Materials.

This Website offers social networking services through its forum, live journals and blogs. The Dimerocker social networking services are hosted from our site in Vancouver, British Columbia Canada. As a user, Dimerocker member and or fan of the Website, you also agree to be bound to the Dimerocker privacy statement and if you do not agree then please discontinue use of this Website.

These terms and conditions apply to your use of the Website and any posting of content on the Website. OMI reserves the right in its sole discretion to reject, refuse to post or remove any content posted by a user, Dimerocker member and or fan or suspend, terminate or refuse a user, Dimerocker member and or member’s access to the Website for any reason in whole or in part with or without notice at any time and without liability.

Use of our Website and registration for Dimerocker Programs and Services is void where prohibited and each user to the Website represents and warrants that all the information provided to our Website is true and accurate, your use of the Website does not violate any of the laws of your jurisdiction and that you are 14 years of age or older. In the event that there is a breach of any of these representations and warranties, your right to use the Website shall immediately terminate.

When you register as a Dimerocker member and or fan, you are free as a user to choose your own password and you are responsible for keeping this password confidential and are not to share your password with any third party. You agree to notify OMI of any suspected unauthorized use of your password.

2. Ownership of Web site and Web site Materials

The Website, its design, images, and content, including all designs, any downloadable programs and services including the web episodes themselves and any audio or other files are owned, operated and are the exclusive property of OMI and its licensees and contain copyrighted material, trademarks, and other proprietary intellectual property. Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law as well as international copyright treaties and multilateral and bilateral agreements protect this Web site. Unauthorized reproduction of it, or any portion of it, may result in severe civil and criminal law penalties. OMI shall enforce these intellectual property rights to the fullest extent of the law.

3. Right to Use Website and Website Materials and Posting Content on Website

You, as a user of this Website and the Website Materials may use this Website and Website Materials for the sole purpose of accessing and playing our content and accessing and using the programs and services from the Dimerocker for your own personal use. This right to use is a non-exclusive, non-transferable world-wide license. The right to use the Website and Website Materials shall not constitute any transfer of any right, title or interest in and to the Website and Website Materials and such use shall not be considered as granting, directly or indirectly, any license to use the Website or Website Materials for any other purpose for the user's benefit or the benefit of any third party without the express written consent of OMI.

With exception of our licensees, should you choose to post content on the Website either as part of a blog, live journal (in the future) or submit content for use by OMI as part of Dimerocker Programs and Services, you retain ownership of the copyright of all such content; however, you grant OMI a perpetual, non-royalty, non-exclusive license to use, modify, publicly perform, publicly display, reproduce and redistribute the content provided and or submitted solely for the purposes on and through this Website, Website Materials and any of the Dimerocker Programs and Services.

You represent and warrant to OMI that the content you provide or submit to our Website does not violate the rights including copyright and intellectual property rights of any third party.

OMI may delete any content you provide or submit to our Website in its sole judgment that is offensive, illegal, harms the right of third parties, or threatens the safety of any person. OMI assumes no responsibility for monitoring any inappropriate content provided or submitted by you to our Website or inappropriate conduct by you. You are solely responsible for the content that you provide or submit to our Website. OMI does not endorse content submitted to its Website nor does such content reflect OMI policies or opinions.

OMI shall in its sole discretion terminate your use of the Website for illegal, offensive or prohibited content or conduct including but not limited to materials that are promotes racism, bigotry or hate crimes, harasses or intimidates others, exploits individuals in a sexual or violent manner, solicits personal information from individuals under the age of 18 years, promotes information that is false, misleading or illegal or criminal activities, transmission of spamming, “junk mail” or other like electronic information.

4. Restrictions on Use

(a) You as a user are strictly prohibited from selling, transferring, copying, distributing, redistributing, recompiling the Website and the Website Materials for any commercial purpose without the express written consent of OMI.

(b) You are not to use any information or material from the Website or Website Materials in any manner or engage in any activities including any and all use of the trademarks or copyright works contained on the Website or in the Website Materials that infringes on any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

(c) You agree that you shall not acquire any right, title or interest in the Website and Website Materials through use of the Website or use of the Website Materials and agree to abide by copyright and other proprietary notices contained therein.

(d) You agree not to distribute to or otherwise disseminate through the Website or the Website Materials any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of any other person or entity.

(f) You agree not to use the Website and Website Materials to engage in activities or provide information that is false, inaccurate or misleading or to provide fraudulent or involve sale of counterfeit or stolen items.

(g) You agree not to provide information or participate in activities that will result in the transfer to our Website or Website Materials of any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of our Website’s systems, programs, content, information or applications.

(h) You agree not to bypass any measures that we have taken to restrict access to our Website without our express written consent and you shall not engage in activities that would interfere with the operation of our Website or Website activities.

(i) You agree not to use any robot, spider, scraper or other automated means to access our Website for any other purpose than set out in 3 above without our express written consent.

(j) You agree not to impose an unreasonable load on our Website infrastructure that would affect the operation of our Website.

5. Warranties and Representations

THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SUITABILITY FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK OF USE OF THE WEBSITE OR WEBSITE MATERIALS IS WITH YOU. OMI DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE AND WEBSITE MATERIALS WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE WEBSITE OR WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IN THE WEBSITE OR WEBSITE MATERIALS DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY OMI OR BY A REPRESENTATIVE OF OMI SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. OMI DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEB SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTION. SOME STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OF SUCH IMPLIED WARRANTIES BUT SUCH DISCLAIMERS OF WARRANTY ABOVE SHALL APPLY TO THE GREATEST EXTENT OF THE APPLICABLE LAWS.

OMI DOES NOT WARRANT THE WEBSITE OR WEBSITE MATERIALS AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE WEBSITE AND WEBSITE MATERIALS DOES NOT INCLUDE ANY VIRUS TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.

OMI specifically disclaims any responsibility for the accuracy, content or availability of information found on websites that link with this Website or from third parties websites.

6. Limitation of Liability

By using our Web site and Web site Materials, you assume all liability and risk for use and absolve OMI of any liability for use of the Web site and Web site Materials. OMI's entire liability and the user's entire remedy shall be to discontinue use of the Web site and Web site Materials. In no event will OMI’s liability to you extend to any lost of profits, lost data, lost savings or other special, incidental, economic, indirect or consequential damages arising out of the use or inability to use the Web site or Web site Materials, or for any claim by any other party, even if OMI has been advised of the possibility of such damages.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL OMI BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. SOME STATES AND PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

7. Indemnification

To the extent permitted by the laws of your jurisdiction, you agree to indemnify OMI from and against all claims, liability and expenses, including legal fees and costs arising from any unauthorized use of the Web site and Web site Materials or from your breach of the Terms and Conditions of Use. You agree to notify OMI immediately upon becoming aware of any unauthorized use of the Website or Web site Materials and take all reasonable steps to prevent subsequent unauthorized use. OMI reserves the right, in its sole discretion and at its own expense, to defend any such action or claim and you agree to co-operate fully with any such defense.

8. Third Party Websites

This Website may contain links to third party websites. OMI has no control over any third party websites and therefore any use by you, the end-user, is at your sole discretion and risk. OMI assumes no responsibility or obligations for any such use of third party websites.

9. User Information and Privacy

All collection of personal information by the Website is in accordance with the privacy code and privacy statement found at the following links on the Home page of the Website. OMI will not sell, rent or distribute such information collected to any other third party. Our Privacy Code sets out how OMI handles privacy issues at the following link: To the extent that information is collected regarding your use of the Website, you authorize OMI to use such information for the purpose of providing the Dimerocker programs and services. Should you not wish to give such authorization, then you must notify OMI to the contrary by emailing us at support@dimerocker.com . Notwithstanding such notification, OMI reserves the right at all times to disclose such information about your use of our Website necessary to meet any law, regulation, government request or court order. You acknowledge and agree that OMI cannot ensure or guarantee your secure access or privacy on our Website given that no transmission over the Internet can be guaranteed to be 100% secure and as result any use of the Website shall be at your sole risk.

10. Survival of Obligations

The obligations pursuant to the provisions of 2, 4, 5, 6 and 7 survive the termination of these Terms and Conditions of Use.

11. Termination

Your right to use this Web site and Web site Materials is subject to your continued compliance with these Terms and Conditions. This right shall terminate automatically without notice should you breach of these Terms and Conditions. In the event that these Terms and Conditions are terminated, you agree to destroy all materials obtained by you from the Web site and any and all copies thereof.

12. General Terms

Any disputes under these Terms and Conditions of Use shall be governed by the laws of the Province of British Columbia and laws of Canada where applicable, without giving effect to any conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of British Columbia and the Federal Court of Canada, or any other jurisdiction or courts as may be determined by OMI.

These Terms and Conditions of Use and any directions, policies, rules or guidelines posted on the Web site shall constitute the entire agreement between you and OMI.

Should OMI waive a provision or right under the Agreement, such waiver does not constitute a waiver of any other provision of the Agreement or any subsequent waiver of a right or provision under this Agreement.

If any provision of this Agreement or any part of any provision of this Agreement is held by a court of competent jurisdiction, after appeals therefrom have been exhausted, to be unenforceable then the remainder of this Agreement shall continue to be of full force and effect.