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TERMS AND CONDITIONS OF USE
Thank you for visiting the desiDesh Website. We have set up some ground rules to ensure that we can keep this area useful, fun, and safe for everyone. desiDesh reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the desiDesh Website shall be subject to the current guidelines.
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
1. Restrictions on Use
All pages within this Website and any material made available for download (collectively the "Site") are the property of desiDesh and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of desiDesh except for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by desiDesh.
2. Trademark Notice
desiDesh and desiDesh.com are the logos, trademarks, and service marks of desiDesh. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
3. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
desiDesh, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although desiDesh attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform desiDesh so that it can be corrected. Information contained on the Site may be changed or updated without notice.
4. Confidential and Proprietary Information
desiDesh does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to desiDesh through the Site will be deemed NOT to be confidential. By sending desiDesh any information or material, you grant desiDesh an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that desiDesh is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
5. Links or Pointers to Other Sites
Certain links on this Site lead to resources located on servers that are not maintained by desiDesh or under its control. desiDesh is not responsible for the contents of any such referenced Sites or for the availability of access to such Sites.
desiDesh makes no representations whatsoever about any other Website that you may access through this Site. When you access a non-desiDesh Website, please understand that it is independent from desiDesh, and that desiDesh has no control over the content on that Website. In addition, a hyperlink to a non-desiDesh Website does not mean that desiDesh endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
6. Third Party Content
All features of our Website, including the Bulletin Board Service ("Service"), are provided by desiDesh as a service to the Internet community. Much of the content of this site is provided by third parties who are not employees or affiliates of desiDesh. Because desiDesh does not undertake to screen or edit messages posted by users, we assume no responsibility for the accuracy, completeness or usefulness of information in user messages, and we do not endorse any opinions or recommendations posted by users. You should exercise discretion and skepticism before relying on information in these messages, since it may be incorrect or misleading. Users may pretend to be people that they are not. You rely on information posted by other users solely at your own risk.
7. Content Posted On Our Site
We reserve the right to remove any messages, or to terminate your membership and use of the Service, at any time, without notice. The following actions, among others, may result in removal of messages and/or termination of your membership: (1) posting messages that include personal attacks, slurs or profanity, or that otherwise are intended to harass any other member of the community; (2) posting material, nonpublic information about companies, without the authorization to do so; (3) including third-party copyrighted information in posted messages (if such information is available on the Web, please post a link to such information rather than copying it into messages); and (4) providing false information on your registration form, or impersonating someone else.
You agree that upon posting information on the Service, you grant desiDesh and its successors and assigns a nonexclusive, worldwide, royalty free, perpetual license under your copyrights to use, distribute, reproduce and create derivative works from such information in any and all media, without any duty to account to you.
Any questions or comments regarding this or our editorial policy should be directed to privacyPolicy@desiDesh.com. Like our Website, other websites to which this site may be linked operate under the auspices and at the direction of their owners, who should be contacted directly with questions regarding those sites.
The editors of the Service assure all users that we have not intentionally included viruses or "trojan horses" on our site, and that we periodically check the site for any viruses, "trojan horses" or similar programs. However, as most of the content of this Site is provided by third parties who are not employees or affiliates of desiDesh, and over whom we have little or no control, we cannot offer any assurance that information downloaded from our Website will not contain viruses, "trojan horses" or similar programs. Before commencing any download from our Site, you are instructed to utilize a virus scanning program to ensure that no viruses, "trojan horses" or similar programs will be inadvertently written to your computer's hard drive.
8. Website Ownership and Consent to Monitoring
Information, text, graphics, software, and other content that make up this Site ("Content") reside on a computer operated by desiDesh or its representative. Anyone accessing this Site consents to monitoring of this access and use by system or security personnel.
9. Monitoring Of Access
Access to this Site is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Site constitutes consent to such monitoring.
10. Message Boards
The following are guidelines for posting material on the desiDesh Message Boards:
 a. Everyone is welcome to suggest new message threads that pertain to the theme of the site.
b. Because we would like to keep the environment professional and open to all members of the community, the use of profanity, vulgar language, antagonistic remarks and/or ethnic slurs is strictly prohibited.
c. Advertising of any outside Websites or placing outside Web links on the message boards is strictly prohibited as well as the advertising or "hawking" of any products.
d. We encourage creative, original and thought-provoking discussions. The Message Boards will not be a free forum for personal attacks on others who log onto these Boards.
11. Acceptable Use
As consideration for the Internet service which desiDesh provides to the subscriber pursuant to this agreement, the subscriber agrees to the following stipulations relating to acceptable use of the subscriber's internet connection. Subscriber agrees not to use desiDesh Internet service to:
a. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
b. Impersonate any person or entity, including, but not limited to, a desiDesh official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including e-mails, transmitted through the network of desiDesh;
d. Upload, post, e-mail, otherwise transmit or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Upload, post, e-mail, or otherwise transmit, or post links to any content that facilitates hacking;
f. Upload, post, e-mail, otherwise transmit or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
i. Making available copyrighted software or other content that has had the copyright protection removed;
ii. Making available serial numbers for software that can be used to illegally validate or register software;
iii. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted content;
iv. Making available any software files for which the user does not own the copyright or have the legal right to make available;
g. Upload, post, e-mail, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purposes;
h. Upload, post, e-mail, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the network of desiDesh;
i. Upload, post, e-mail, otherwise transmit or post links to any content, or select any member or user name or e-mail address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
j. Upload, post, e-mail, otherwise transmit or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity;
k. Upload, post, e-mail, otherwise transmit or post links to any content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;
l. Harm minors in any other way;
m. Make any sexual request on behalf of a minor or make any sexual request of a minor;
n. "Stalk" or otherwise harass another;
o. Collect or store personally identifying information about other users for commercial or unlawful purposes;
p. Upload, post, e-mail or otherwise transmit or post links to any material, or act in any manner, that is offensive to these stipulations of acceptable use.
12. Feedback
Any comments or materials sent to desiDesh including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be non-confidential. desiDesh shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, desiDesh shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
13. Availability of Services and Products
Information desiDesh publishes on the World Wide Web may contain references or cross references to desiDesh products, programs and services that are not announced or available in your country. Such references do not imply that desiDesh intends to announce such products, programs or services in your country. Consult your local desiDesh business contact for information regarding the products, programs and services which may be available to you.
14. Use of Other Websites
desiDesh makes no representations whatsoever about any other website, which you may access through this one. When you access a non-desiDesh website, please understand that it is independent from desiDesh, and that desiDesh has no control over the content on that website. In addition, a link to a non-desiDesh website does not mean that desiDesh endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. IN NO EVENT WILL desiDesh BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. No Endorsement
The inclusion on this Site of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by desiDesh.
The descriptions of, and references to, products, services and companies on this Website are the sole responsibility of the companies providing the information ("advertisers"), and not desiDesh.
16. Disclaimer of Accuracy, Completeness and Quality of Information
desiDesh makes no guarantee as to the currency, accuracy, or quality of information published and/or archived on this Site, nor will desiDesh accept any responsibility for other organizations, businesses, and private persons that provide information on this Site.
All information on this Site regarding products and services provided by desiDesh is subject to change without notice. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, but desiDesh is not responsible for misprints, out-of-date information, or errors. desiDesh makes no warranty, express or implied, or assumes any legal liability or responsibility for the accuracy or completeness of any information contained on this Site. Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. desiDesh may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
17. Disclaimer
The Content included in this Site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Website. desiDesh makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Site or Content, or the suitability, functionality, or operation of this Website or its Content. By using this Site, you assume the risk that the Content on this Site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. desiDesh SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL desiDesh BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Disclaimer--of Liability
desiDesh makes no warranty with respect to documents or other information available from this Site, assumes no legal liability or responsibility whatsoever for the accuracy, completeness, or usefulness of any such information, and does not represent that its use would not infringe privately owned rights. desiDesh disclaims all warranties, express and implied, including the warranties of merchantability and fitness for a particular purpose.
19. Disclaimer--Use of Email
By sending us a message in the e-mail area, you agree to have it along with your name posted for public viewing both here and in other desiDesh promotional and advertising materials without compensation. We will try to post as many of the messages as we can, although we cannot promise to post every submission. All messages that are posted here represent the opinions of other desiDesh Site users and do not represent the ideas or opinions of desiDesh. You may copy them as much as you like for personal use, but redistribution in any way requires the permission of desiDesh. In consideration of this authorization, you agree that any copy of this information that you make shall retain all copyright and other proprietary notices contained here in this Site.
20. Disclaimer--Of Liability
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that desiDesh is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and desiDesh reserves the right to remove such materials from the desiDesh Site without liability.
21. Disclaimer--Site Content Copyrighted
The contents of the desiDesh Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by desiDesh and contain desiDesh name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring desiDesh services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use desiDesh icons, site address, or other means to hyperlink other Internet sites with any page in the desiDesh Site, and desiDesh assumes no responsibility for any other party's site hyperlinked to the desiDesh Site or in which any part of the desiDesh Site has been hyperlinked.
22. Disclaimer--No Responsibility For Links
The desiDesh Site contains links to and frames of sites which are not maintained by desiDesh. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the desiDesh Site does not imply desiDesh' endorsement of the linked or framed sites or their content.
23. Indemnity
You agree to indemnify and hold desiDesh, its officers, and its employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms and Conditions, or your violation of any rights of another.
24. Void Where Prohibited
Although the information on this Website is accessible worldwide, not all products or services discussed in this Website are available to all persons or in all geographic locations or jurisdictions. desiDesh and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Website is void where prohibited.
These Terms of Use are governed by the laws of the State of California, and you agree to submit to the exclusive jurisdiction of the courts of the State of California with respect to any legal action arising under or relating to the Terms and Conditions of Use.
25. Choice of Law and Venue
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Francisco in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
26. Entire Agreement
These Terms and Conditions constitute the entire agreement between desiDesh and you pertaining to the subject matter of this agreement. In its sole discretion, desiDesh may modify these Terms and Conditions by posting the revised version on this Site.
27. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to desiDesh that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
PRIVACY STATEMENT
desiDesh does not collect personally identifiable information about individuals who visit our site except when the information is specifically provided on a voluntary basis. Such instances where personally identifiable information may be gathered are contests or sweepstakes registrations, the registration for subscription sites or services and in connection with content submissions, community postings (e.g., chat and bulletin boards), suggestions, voting/polling activities and transactional areas.
Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. The user will have the opportunity to indicate whether he or she would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from desiDesh and/or any third parties. Further, notwithstanding any opt-out of promotional information by the user, desiDesh reserves the right to contact a subscriber regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.
desiDesh will perform statistical analyses of user behavior and characteristics in order to measure interest in and use of our site. We will also inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. Only aggregated data from these analyses will be provided to third parties. desiDesh may sometimes permit third parties to offer subscription and/or registration-based services through our site. desiDesh is not responsible for any actions or policies of such third parties if a user decides to subscribe or register on those sites and users should check the applicable privacy policy when providing personally identifiable information to third parties.
Users should be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address) on the bulletin boards or in the chat areas on our site, that information and any substantive information disclosed in the communication can be collected and used by third parties. This could result in unsolicited messages from others who post on our site and are beyond the control of desiDesh.
Users may always "opt out" of further promotional contacts at any time. Also, upon request, desiDesh will take reasonable efforts to delete a user's personal information from its database. It may be impossible to delete a user's entry without some residual information because of backups and records of deletions.
The foregoing policies are effective as of January 1, 2004. desiDesh reserves the right to change this policy at any time and will notify users of the existence of a new privacy statement. This statement and the policies outlined here are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
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