These General Terms and Conditions of Use ("Terms") are entered into by and between you and DeSo. In consideration of your use of and access to this Internet site, DeSo files downloaded to your desktop, and other websites and services on which these Terms are posted or expressly referenced (" DeSo Services"), and the promises and obligations herein, and intending to be legally bound, you and DeSo hereby agree as follows:
Your access to and use of the DeSo Services is subject to these Terms, which incorporate the separately posted Privacy Statement and other policies, as well as any modifications to them issued by DeSo and all applicable laws and regulations. If any of the DeSo Services, set forth separate or additional terms and conditions of use, privacy statement, or other policy ("Separate Terms"), then those Separate Terms as modified from time to time shall apply in connection with your use of that DeSo Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern. BY USING THE DESO SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the DeSo Services.
Among other things, the DeSo Services provide information concerning various services and the opportunity to obtain additional information concerning those services or to purchase them. These Terms and the information provided by the DeSo Services in no way override the terms and conditions of your purchase of any service except as specifically provided herein. To the extent any area within or feature offered by the DeSo Services contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
1. Changes in Terms
DeSo shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the DeSo Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the DeSo Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by DeSo to these Terms. ANY ACCESS OR USE OF THE DESO SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than DeSo shall be valid or enforceable against DeSo unless expressly agreed to by DeSo in a writing signed by a duly authorized officer of DeSo.
These Terms are effective until terminated by DeSo. DeSo may terminate these Terms without notice and at any time in connection with any of the DeSo Services. In the event of termination, you are no longer authorized to access those DeSo Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
DeSo shall also have the right without notice and at any time to terminate some or all of the DeSo Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the DeSo Services or any feature or portion thereof.
3. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the DeSo Services and your purchase of products or services through them. You must be at least 18 years old to use the DeSo Services.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by DeSo on or through the DeSo Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. DeSo may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on DeSo in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by DeSo or by third parties that have licensed their use to DeSo. You may view and use the Content only for your personal information and for shopping and ordering on or through the DeSo Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, DeSo does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the DeSo Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by DeSo, is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the DeSo copyright agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on a DeSo website, including the DeSo item number, if applicable;
• Your address, telephone number, facsimile number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
5. Linked Third Party Sites
Links to other Internet sites operated by third parties, including DeSo vendors, do not constitute sponsorship, endorsement, or approval by DeSo of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by DeSo, and DeSo is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
6. Prices; Orders
All prices displayed in the DeSo Services are quoted in appropriate currency. DeSo reserves the right without prior notice to discontinue or change specifications and prices on services offered through the DeSo Services without incurring any obligation to you.
The receipt by you of an order confirmation does not constitute DeSo's acceptance of an order. Prior to DeSo 's acceptance of an order, verification of information and approval of the order may be required. DeSo reserves the right at any time after receipt of your order to accept or decline your order, even after your receipt of an order confirmation from DeSo, for any reason.
Because of various currencies, their conversation rates and rounding of the prices, there can be situations where the transformation of prices in different currencies can result in slightly differences of the prices. In the event that a service is listed at an incorrect price due to supplier pricing information or typographical error, DeSo shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, DeSo shall promptly issue a credit to your credit card account in the amount of the incorrect price.
7. Disclaimer and Limitation of Liability as to the deso.mk Site and Content
DESO MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE DESO SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. DESO ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE DESO SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DESO SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE DESO SERVICES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE DESO SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL DESO, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE DESO SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF DESO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless DeSo, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the DeSo Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the DeSo Services or any product or service provided to you arising out of or relating to your use of the DeSo Services.
Except as otherwise expressly provided herein or in DeSo's separately posted Privacy Statement, any communication or material you transmit to DeSo through the DeSo Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by DeSo, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, DeSo, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to DeSo through the DeSo Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by DeSo of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. DeSo shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.