Terms of Use
Definitions
Company
means Deskdemon.com Ltd.- Conditions means the Company's terms and conditions of business as detailed below
- Site means the Deskdemon.com web-Site
- On-Line Services means features such as file libraries, electronic mail, discussion forums and live chat areas.
- User means any person, who is not a minor, accessing the Site for any purpose whatsoever
- Permitted Use means the display of information derived from the Site on your computer or terminal screen, to download and store in non-volatile memory insubstantial parts of such information in machine readable form indefinitely, and to print a reasonable number of copies of such information.
- Material means data uploaded by the User to the Site
- Downloaded Material means any data downloaded from the Site by the User
- Term means the duration for which the user has an account with the Company
1. Service
Deskdemon.com is provided to you free of charge. Some areas of the Site
can be visited simply by accessing the company's web address. However,
other parts of the Site require you to register before you can access
them. Upon registration our Terms and Conditions will determine your
use of the Site as well as your access to our "On-Line Services". The
Company may in its absolute discretion change, add, or discontinue features
and access privileges available through the On-line services at any time.
Each time you log on as a member, you agree to follow these terms. Please
note that the Company will accept no liability for any breach of these
Conditions.
2. Access to the Site
2.1 Remote Access Software. You may access our Site through your
own Internet Service Provider or through any third party software that
meets the compatibility requirements from time to time published by the
Company. However, you assume all risk for ensuring the ongoing compatibility
of third party software with the Sites.
2.2 Remote Access Equipment. You are responsible at your own expense to obtain, install, configure and maintain equipment to access and use the Site. You assume all risk for ensuring the ongoing compatibility of remote access equipment with these Services.
3. Registration and Password
You certify that you a not a minor and that to the best of your knowledge
and belief, information provided by you during registration is truthful,
accurate and complete. You will be assigned a unique user account name.
A secret password for obtaining access to the Sites through your account
can be assigned by the Company or chosen by you. In either case, you
are responsible for maintaining the confidentiality of your information
and password as well as for all uses of your registration whether or
not authorised by you. For your own protection, you must immediately
notify the Company of any unauthorised use of your registration details,
account name or password.
Your signature in electronic form, or a hardcopy duplicate in good form, shall be considered an original document with authenticated signature admissible into evidence unless the document's authenticity is genuinely placed in question.
4. Use of the Site.
4.1 During the Term of this Agreement you are granted a non-exclusive,
non-transferable, limited license to access and make "Permitted Use" of
the On-Line Services. The information obtained from the Site may be used
for any legitimate purpose which does not threaten to usurp the Company's
market.
4.2 The Company accepts no responsibility for any information, products or services provided on the Site.
4.3 Third Party Suppliers. Certain features of the Site may be provided by gateways through which you may obtain access to third party suppliers' systems ("Gateway Features"). Third party suppliers may change, add or discontinue a feature at any time without notice. Third party suppliers may impose additional surcharges or other terms to this Agreement governing your use of third party features. They shall be considered third party beneficiaries of this Agreement and may assert or enforce any of the provisions of this Agreement directly on their own behalf. The Company has no direct editorial control over and is not a republisher of content disseminated through the Site by third party suppliers.
4.4 ALL SERVICES, INFORMATION AND PRODUCTS OFFERED THROUGH THIS SITE ARE FOR USE BY THE USERS AT THEIR OWN RISK. WHEN LOGGING ON USERS ASSUME TOTAL RESPONSIBILITY AND/OR RISK FOR THEIR USE OF THE SITE. THE COMPANY PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (OTHER THAN THOSE (IF ANY) WHICH CANNOT BE LEGALLY EXCLUDED) WITH REGARD TO THE SITE AND, ANY MERCHANDISE, INFORMATION OR SERVICES PROVIDED THROUGH THE SITE.
4.5 The Company does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties, nor does it accept responsibility for any loss or damage caused as a result of any files available for downloading containing viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for safety and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
4.6 To ensure the smooth running of the Site, regular maintenance checks are performed. It may therefore be necessary to shut down the Site temporarily. These outages will be infrequent and any inconvenience to you will be kept to the required minimum. THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, AND ACCEPTS NO RESPONSIBILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS SUFFERED BY A USER ARISING FROM THE USE OR INABILITY TO USE THE SITE OR ANY PRODUCTS, SERVICES OR INFORMATION PROVIDED ON THE SITE.
4.7 You may use certain law-related features for general reference only and subject to the following conditions:
- None of the On-Line Services, including communications you may have with the Company, its suppliers, forum leaders or other Users will establish an attorney-client relationship or constitute specific "legal advice" unless expressly agreed by both parties.
- You are solely responsible for protecting confidences and secrets that you wish to remain confidential. You should formulate any questions or comments posted to Public Areas or to other Users as hypotheticals.
- You will not claim detrimental reliance on any information obtained through the Site but instead will independently verify through outside sources the accuracy, completeness and fitness of all such information.
5. Copyright Statement
You agree that all right, title and interest (including all copyrights
and other intellectual property rights) of the Site and its content belong
exclusively to the Company.
You may not display, copy, modify, up/download, transmit, (re)publish, store, (re)sell or otherwise distribute or commercially exploit any content from this Site except as expressly permitted under the Conditions. Neither may you modify or use the content of this Site for any purpose other than those permitted, and doing so will violate the Company's copyright and other proprietary rights. If any portion of this Site permits you to download Content, the above restrictions will still apply, except where it is solely for the purposes of personal and recreational use. No material copied or downloaded may be used for commercial purposes, nor can it be passed off as the work of anyone other than the creator of the original. You may not remove or modify any of the copyright, trademark, or other proprietary notices. The Company retains all rights to any content you download and only grants you a limited license to use them as described above.
By submitting material to any of the Company's servers, for example by e-mail or via World Wide Web pages, you agree to the following terms:
- You make the material available knowing that the Company may publish it
- You warrant that the material is fit for publication
- You agree to indemnify the Company if any third party takes action against the Company in relation to the material you submit.
- You agree not to take action against the Company in relation to material that you submit
- You warrant that you believe the Company may publish the material
- You are granting the Company a perpetual royalty free non-exclusive licence to reproduce, make available, distribute and sub-license the submitted material in whole or in part and in print or electronic form.
6. Privacy
6.1 The Company may send you communications by e-Mail from time to time
normally to inform you of changes or new developments. Should we communicate
with you via e-Mail, we make no representation or warranty with respect
to the content of any such messages. You agree that neither the Company
nor any third party shall have any liability with respect to such communications.
6.2 It is the Company`s policy to respect the privacy of private e-Mail. The Company will not intentionally disclose the content of private e-Mail to anyone other than the addressee, authorised recipients or to those who provide forwarding or delivery services, without the consent of the sender, the recipient, or as required by law. However, the Company reserves the right to examine private e-Mail if it reasonably believes that you or another user have violated this Agreement, any applicable law, or if disclosure is required by Court order or other law enforcement authorities. We may periodically delete unread or archival copies of Private e-Mail at published intervals and upon termination of an Account. You should make and store offline backup copies of all Private e-Mail that you wish to preserve.
6.3 Cookies are small files stored by your browser in your computer when you visit our Site. We use cookies to improve our Site and to make it easier to use. Cookies permit us to recognise users and avoid repetitive requests for the same information. We mainly use "session cookies" that are automatically deleted after each visit. Cookies from our Site cannot be read by other sites. Most browsers will accept cookies until you change your browser settings to refuse them. However, you may not be able to take full advantage of our Site if you exercise this option.
6.4 The Site also gathers anonymous information, which may be used by
the Company or shared with its advertisers. This is information which does
not personally identify you, but which may be helpful for marketing purposes
or for improving the Site we offer. Generally, this information is collected
through "traffic data" and may entail the use of "Cookies", "IP addresses" or
other numeric codes used to identify a computer.
For full details, please read our Privacy
Policy.
7. Content of Messages
You are solely responsible for the content and consequences of all your
messages. The Company maintains the right to terminate your registration
should we determine, at our absolute discretion, that you are in violation
of any of our Conditions.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain is prohibited. Any such use shall be deemed to be a violation of these Terms and Conditions. You agree never to use the Site for the circulation of chain letters, junk mail, 'spamming,' pornographic or obscene graphic images, commercial or non-commercial solicitation or bulk communications of any kind, including but not limited to distribution lists.
In addition, whilst registered you agree:- not to send to or post on our discussion areas, or any other place on our Site, any message or material that is unlawful or which a reasonable person would consider harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive or otherwise inflammatory, or which encourages others to violate this Agreement or any applicable law. Prohibition extends to any material that may encourage conduct which in any way constitutes a criminal offence, or otherwise violates or infringes the rights of any other person or any relevant local, national or international law or code. We reserve our absolute right to delete any such material from our Site.
- not to impersonate any person or entity, whether actual or fictitious, including staff or consultants of the Company.
- not to use an inappropriate user name of any description
- not to post or use the Site to distribute or send any illegal material of any kind, in whatever format. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
- not to post, copy, reproduce, (re)transmit, distribute, publish, commercially exploit, or otherwise transfer to our Site any material subject to any rights.
- not to post material that encourages others to become members of competitive information services nor to advertise products or services other than as approved by the Company.
- by submitting posting / messages to any forum you agree to indemnify and hold harmless the Company from all claims, costs and expenses (including legal expenses) arising out of any postings / messages posted or published by you that are in breach of these terms.
- by submitting postings / messages to any forum you are granting the Company a perpetual royalty free non-exclusive licence to reproduce, make available, distribute and sub-license the posting / message in whole or in part and in print or electronic form.
The Company reserves the right to remove, move or edit without notice any posting / message for whatever reason, and you waive any moral rights that you may have in regard to the postings / messages. You are solely responsible for the content of your postings / messages. The Company has no obligation to delete content that you may find objectionable or offensive. All communications within the discussion area are for public and not private viewing.
8. Third Party Services
You may order services or merchandise through the Site from other entities
affiliated or not affiliated (hereafter known as "Seller") with the Company.
All matters concerning the merchandise and services desired from Seller,
including without limitation to, delivery, purchase or payment terms,
warranties, or guarantees, are solely between you and Seller. The Company
makes no warranties or representations whatsoever with regard to any
goods or services provided by Seller(s). We will not be construed as
a party to such transactions, whether or not the Company has received
any form of revenue or other remuneration in connection with the transaction.
Nor will the Company be liable for any costs or damages whatsoever incurred
directly or indirectly by you or any other person involved or related
to the transaction.
9. Limitation of Liability
The Company shall not be liable for any direct, indirect, incidental, special
or consequential damages, resulting from the use or the inability to
use the Site, nor for the cost of procurement of substitute goods and
services, nor those resulting from any goods or services purchased or
obtained or messages received or transactions entered into through the
Site, nor those resulting from unauthorised access to or alteration of
your transmissions or data, including without limitation to damages for
loss of profits, use, data or other intangible, even if the Company has
been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify and hold each of the Company, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
or arising from your use of the Site, the violation of these Terms and
Conditions by you, or the infringement by you, directly or indirectly,
of any intellectual property or other right of any person or entity.
11. Termination
The Company reserves the right, in its absolute discretion, to suspend
or terminate without prior notice these Terms and Conditions, your registration
or ability to access our Site upon any breach by you of any of these
Terms and Conditions. Furthermore, the Company may change these Conditions
at our absolute discretion and without prior consultation or notice.
Your continued registered use of the Site indicates your acceptance of
such changes.
12. Applicable Law
This Agreement shall all be governed and construed in accordance with the
laws of the United States.
13. Miscellaneous
13.1 You represent to the Company that you have the authority to register with the Site according to these Terms and Conditions.
13.2 You may not assign, transfer, sublicense, rent, lease or loan any of Your rights, nor delegate any of Your obligations under this Agreement and any attempt to the contrary shall be void and a material breach of this Agreement.
13.3 The Company may assign its rights and duties under this Agreement to any party at any time without notice to the User.
13.4 The Company reserve the right to add to or change these terms and conditions at any time by posting changes on-line and it is your responsibility to refer to and comply with these terms on accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.
13.5 If these terms and conditions are not accepted in full, use of this site must be terminated immediately.
Any rights not expressly granted herein are reserved.
