ACCEPTANCE
These Terms and Conditions of Use (“Terms of Use”) apply to the Distinct Portfolios website, located at http://www.distinctportfolios.com (“The Site”), and all associated pages of the distinctportfolios.com domain name. The Site is property of Distinct Portfolios, Inc. (“DistinctPortfolios”). BY USING AND/OR VISITING THE SITE, YOU AGREE TO THESE TERMS OF USE AND THE CONDITIONS OF THE SITE’S PRIVACY NOTICE, WHICH IS MADE PART OF THESE TERMS OF USE BY THIS REFERENCE (and available for viewing at http://www.distinctportfolios.com/privacy.html). IF YOU DO NOT AGREE, DO NOT USE THE SITE.

SITE ACCESS
Distinct Portfolios hereby grants you permission to use The Site, under the following conditions: (i) Use of The Site is permitted only for personal, non-commercial use. (ii) You will not copy or distribute any part of The Site in any medium or format without prior written authorization from The Site. (iii) You will not alter or modify any part of The Site other than reasonably necessary to use The Site for purposes intended. (iv) You will always comply with the guidelines set forth here in the Terms of Use.

You many not attempt to disguise the origins of any message or transmittal you send Distinct Portfolios on or through The Site, or any service offered on or through The Site. This includes without limit, forging headers, any and all other means of falsifying identity. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use The Site, including any and all content, for any purposes that is unlawful or prohibited by these Terms of Use, or to solicit any illegal activity or other activity which infringes the rights of Distinct Portfolios or others.

You may not use any automated system, including without limitation, a “robot”, page-scrape, deep-link, offline reader, spider, or any other device, program algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of The Site or any content, or in any other way reproduce or circumvent the navigational structure or presentation of The Site or any content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through The Site. Distinct Portfolios reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of The Site, or any other systems or networking connections with The Site or server, or to any of the services offered on or through The Site, by hacking, password “mining” including any and all illegitimate means without limitation.

You agree not to collect or harvest any personally identifiable information, including account names, from The Site, nor to use the communication systems provided by The Site for any commercial solicitation purposes. You further agree not to take any action that imposes an unreasonably or disproportionately large load on the infrastructure of The Site or Distinct Portfolios’s systems or networks, or any systems or networks connected to The Site or to Distinct Portfolios.

*Note: In order to access certain features of The Site, you may be required to create an account. You may never use an account other than your own without permission. When creating your account, you must provide complete and accurate information. You are solely responsible for activity occurring on your account, and you are solely responsible to keep your account information, including your password, secure at all times. You must notify The Site immediately if any security has been breached, or unauthorized use of your account has occurred. Although The Site will not be liable for any losses caused by unauthorized use of your account, you may be liable for the losses of The Site or others due to such unauthorized use.

INTELLECTUAL PROPERTY RIGHTS
Content on The Site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Distinct Portfolios, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Content on The Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever with out the prior written consent of the respective owners. The Site reserves all rights not expressly granted in and to The Site and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through The Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with the security related features of The Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of The Site or Content therein.

USER SUBMISSIONS
The site may now, or in the future, permit the submission of photos, music videos, commercials, film clips, text information, or any other communications and transmissions. These (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. By submitting any material to The Site, you affirm, represent, and/or warrant that: (i) you own or have necessary licenses, rights, consents, and permissions to use and authorize The Site to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by The Site and these Terms of Use (ii) you have written consent, release, and/or permission of each and every identifiable individual or person in the User Submission to use the name or likeness of each and every such identifiable individual or person to enable inclusion and use of the User Submission in the manner contemplated by The Site and these Terms of Use. YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS. However, by submitting to a User Submission to The Site, you hereby grant The Site and Distinct Portfolios a worldwide, no-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivate works of, display, and perform the User Submissions in connection with The Site and Distinct Portfolios’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of The Site (and derivate works thereof) in any media formats and through any media channels. You also hereby grant each user of The Site a non-exclusive license to access your User Submission through the website, and to use, reproduce, distribute, prepare derivate works of, display and perform such User Submissions as permitted through the functionality of The Site and under these Terms of Use. The foregoing license granted by you is terminated once you remove or delete a User Submission from The Site.

Furthermore, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Site all of the license rights granted herein (ii) publish falsehoods or misrepresentations that could damage The Site or any third party (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate (iv) post advertisements or solicitations of business (v) impersonate another person.

The Site does not endorse any User Submission or any opinion, recommendation, or advise expressed therein. The Site expressively disclaims any and all liability in connection with User Submissions. The Site does not permit copyright infringement or infringement of intellectual property rights. The Site will remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. The Site reserves the right to remove any and all content without prior notice. The Site will also terminate a user’s access to The Site if they are determined to be a repeat infringer. The Site also reserves the right to decide whether or not content or a User Submission is appropriate and complies with these Terms of Use. The Site reserves the right to remove any User Submission and/or terminate a user’s access at any time, without prior notice, and at its sole discretion.

REVIEWS, COMMENTS, ELECTRONIC MAIL, AND COMMUNICATIONS
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. The Site reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

LINKING TO distinctportfolios.com
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the The Site so long as the link follows our linking guide and does not portray The Site, its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive matter. Only the logos provided on our linking guide may be used for linking, and may not be altered or tampered with in any way. Permission to use The Site’s logos for anything other than linking must be granted by contacting us to receive express written consent for such use.

distinctportfolios.com AND LINKED WEBSITES
These Terms of Use apply to every user and visitor to The Site, including users/visitors who contribute video content, information, and other materials, content, or services on The Site. The Site may contain links to independent third-party websites (“Linked Sites”) that are not controlled or owned by Distinct Portfolios. These Linked Sites are provided solely as a convenience to our visitors. Linked Sites are NOT under Distinct Portfolios’ control. Distinct Portfolios is not responsible for content on Linked Sites, including but not limited to any information, materials, privacy policies, or practices contained on such Linked Sites. By using The Site, you expressly relieve Distinct Portfolios from any and all liability arising from your choice to use any Linked Sites.

DISCLAIMERS
You agree that use of The Site shall be at your own risk. Distinct Portfolios does not promise that The Site or any content, service, or feature of The Site will be uninterrupted or error-free. Distinct Portfolios makes no warranties or representations, express or implied, that any defects will be corrected, or that use of The Site will provide specific results. Distinct Portfolios cannot ensure that any file or other data downloaded from The Site will be free of viruses, contamination, or other destructive features. Distinct Portfolios disclaims all warranties, express or implied, including but not limited to warranties of accuracy, non-infringement and merchantability. Distinct Portfolios disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of The Site, and/or any service offered by Distinct Portfolios or The Site. You assume total responsibility for your use of The Site and any Linked Sites. Distinct Portfolios assumes no liability or responsibility for any (i) personal injury or property damage, of any nature whatsoever, resulting from access to and use of The Site; (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iii) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available to you on The Site. Distinct Portfolios does not warrant, guarantee, endorse, or assume responsibility of any product or service advertised or offered by a third party through The Site or any hyperlinked website or featured in any banner or other advertising. Distinct Portfolios does not, and will not monitor third party providers of product or services. Exercise extreme caution and always use your best judgment with any and all transactions on the internet.

LIMITATION OF LIABILITY
In no event shall Distinct Portfolios be liable to you for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits. No liability will fall on The Site or on Distinct Portfolios, even if The Site or Distinct Portfolios has been advised of the possibility of such damages. Damages include, but without limit: (i) errors, mistakes, or inaccuracies of content (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of The Site (iii) any unauthorized use of our secure servers and/or any and all personal information and/or financial information stored therein (iv) any interruption or cessation of transmission to or from our website to or from The Site (v) any bugs, viruses, trojan horses, or the like, which my be transmitted to or through The Site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via The Site, whether based on contract, tort, warranty, or any other legal theory, and whether or not Distinct Portfolios is advised of the possibility of such damages, the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that The Site shall not be liable for user submissions or the offensive, defamatory or illegal conduct of any third party. The risk of harm or damage from the foregoing rests entirely with you, the user. Furthermore, any cause of action arising out of or related to The Site must commence with in one (1) year after the cause of the action accrues. Otherwise, such action is permanently barred.

INDEMNITY
You agree to indemnify, hold harmless, and defend Distinct Portfolios, its officers, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against Distinct Portfolios by any third party due to or arising out of or in connection with (i) your use of and access to The Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including but not limited to any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This indemnification and defense obligation will survive these Terms of Use and your use of The Site.

ABILITY TO ACCEPT TERMS OF USE
By using, visiting, and/or uploading to this website, you affirm that you are at least 18 years of age, and emancipated minor, or have obtained legal parental or guardian consent, and are completely competent to enter into these terms, conditions, obligations, and warranties set forth in the Terms of Use for The Site. Further, you agree to abide by and comply with these Terms of Use. Unconditionally, you affirm that your are at least 13 years of age, as The Site is not intended for ANYBODY under the age of 13. If you are under 13 years of age, please leave this site now, and ask your parents to help you find a website appropriate for you to use.

VIOLATION OF THESE TERMS OF USE
Distinct Portfolios my disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of The Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Distinct Portfolios’s rights or property, or the rights or property of visitors and users of The Site, including Distinct Portfolios’s customers. Distinct Portfolios reserves the right at all times to disclose any information that Distinct Portfolios deems necessary to comply with any applicable law, regulation, legal process or governmental request. Distinct Portfolios also may disclose your information when Distinct Portfolios determines that applicable law requires or permits such disclosure, including exchanging information with other companies for fraud protection purposes.

ACCOUNTS, PASSWORDS, AND SECURITY
To obtain access to certain service offered on The Site, you might be required to open an account, including a Distinct Portfolios ID and Password. The Site is in no way responsible for upholding or maintaining the confidentiality of your account information, including your password, and including any and all activities that occur under your account. However, you may be held accountable and liable for losses incurred by Distinct Portfolios or any other user or visitor to The Site due to someone else using your Distinct Portfolios ID, password, or account. You may not use any account other than your own without the express consent of the holder of that Distinct Portfolios ID, password, or account. Distinct Portfolios will not be liable for any damage or loss resulting from your failure to comply with these Terms of Use and obligations mentioned above.

COPYRIGHT INFRINGEMENT
If you are a copyright owner or agent thereof, and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millenium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact you, such as an address, phone number, and if available, electronic mail;

5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Site is prepared to receive notifications of claimed infringement via mail, at: Distinct Portfolios, Inc. 9849 Portola Drive. Beverly Hills, CA 90210, or via email, at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.

JURISDICTION
The Site is administered and operated from Los Angeles, California. Although The Site is accessible globally, any offer for any feature, product, or service made on The Site is void where prohibited. The Site shall be deemed a passive website that does not give rise to personal jurisdiction over The Site, either specific or general, in jurisdictions other than California. If you choose to access The Site from outside of the United States, you do so at your own initiative, and you are completely responsible for complying with applicable local laws.

*Note- These Terms of Use my be updated at any time, and are effective immediately upon posting to The Site.

ASSIGNMENT
These Terms of Use, including any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Site at any time without restriction.

MISCELLANEOUS
Except as expressly provided in these Terms of Use, no part of The Site an no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise without Distinct Portfolios’s express prior written consent.

The information contained in this website is subject to change without notice.
Copyright 2006, Distinct Portfolios, Inc. All rights reserved.