The following Terms of Use outline
your obligations when using the DESIRE-Z.US website.
1.
ACCEPTANCE OF TERMS
The web pages available at WWW.DESIRE-Z.US and/or LOL.DESIRE-Z.US, are owned and operated by DESIRE-Z.US
administrators and moderators ("DESIRE-Z.US"), and is accessed by you
under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART
OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE,
YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO
ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE
CONTENT OR ANY SERVICES IN THE SITE. DESIRE-Z.US'S ACCEPTANCE IS EXPRESSLY
CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE
EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN
OFFER BY DESIRE-Z.US, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2.
MODIFICATIONS OF TERMS OF USE
DESIRE-Z.US reserves the right, at
its sole discretion, to modify or replace the Terms of Use at any time. You
shall be responsible for reviewing and becoming familiar with any such
modifications. Use of the Services by you following such notification
constitutes your acceptance of the terms and conditions of the Terms of Use as
modified.
3.
DESCRIPTION OF SERVICES
Subject to full compliance with the
Terms of Use, DESIRE-Z.US may offer to provide certain services and content, as
described more fully on the Site, ("Services"). Services shall
include, but not be limited to, any service and content DESIRE-Z.US performs
for you, as well as the offering of any materials displayed, transmitted or
performed on the Site or through the Services (including, but not limited to
user messages and/or comments that might contain information, data, news
articles, photographs, images, illustrations, software, audio clips and video
clips, also known as the "Content"). DESIRE-Z.US may change, suspend
or discontinue the Services including any Content for any reason, at any time,
including the availability of any feature or content. DESIRE-Z.US may also
impose limits on certain features and services or restrict your access to parts
or all of the Services without notice or liability. DESIRE-Z.US services
including but not limited to message and information posting, discussion,
reference, news, selling and buying, blog and group discussions.
4.
YOUR REGISTRATION OBLIGATIONS
As a condition to using Services,
you are required to register with DESIRE-Z.US and select a password and screen
name ("DESIRE-Z.US USER ID"). You shall provide DESIRE-Z.US with
accurate, complete, and updated registration information. Failure to do so
shall constitute a breach of the Terms of Use, which may result in immediate
termination of your DESIRE-Z.US account. You may not (i) select or use as a DESIRE-Z.US
USER ID a name of another person with the intent to impersonate that person;
(ii) use as a DESIRE-Z.US USER ID a name subject to any rights of a person
other than you without appropriate authorization; or (iii) use as a DESIRE-Z.US
USER ID a name that is otherwise offensive, vulgar or obscene. DESIRE-Z.US
reserves the right to refuse registration of, or cancel a DESIRE-Z.US USER ID
in its discretion. You shall be responsible for maintaining the confidentiality
of your DESIRE-Z.US password. Services are available only to individuals who
are at least 13 years old, whether acting on their own behalf or as an
authorized employee or representative of a corporation or other business
entity. If you do not so qualify, do not attempt to register for or use the
Services.
5.
USER CONDUCT
As a condition of use, you promise
not to use the Services for any purpose that is unlawful or prohibited by these
Terms of Use, or any other purpose not reasonably intended by DESIRE-Z.US as
detailed in DESIRE-Z.US Disclaimer and Forum Rules.
By way of example, and not as a
limitation, you agree not to use the Services:
1.
to abuse, harass, threaten,
impersonate or intimidate other DESIRE-Z.US users;
2.
to post or transmit, or cause to be
posted or transmitted, any Content that is infringing, libelous, defamatory,
obscene, pornographic, abusive, offensive, profane, or otherwise violates any
law or right of any third party;
3.
for any illegal or unauthorized
purpose. If you are an international user, you agree to comply with all local
laws regarding online conduct and acceptable content;
4.
to create or submit unwanted email
("Spam") to any other DESIRE-Z.US users or any URL;
5.
to violate any laws in your
jurisdiction (including but not limited to copyright laws);
6.
with the exception of accessing RSS
feeds, you will not use any robot, spider, scraper or other automated means to
access the Site for any purpose without our express written permission.
Additionally, you agree that you will not: (i) take any action that imposes, or
may impose in our sole discretion an unreasonable or disproportionately large
load on our infrastructure; (ii) interfere or attempt to interfere with the
proper working of the Site or any activities conducted on the Site; or (iii)
bypass any measures we may use to prevent or restrict access to the Site;
7.
attempt to impersonate another user
or person;
DESIRE-Z.US may remove any Content
and DESIRE-Z.US accounts at any time for any reason including, but not limited
to, upon receipt of claims or allegations from third parties or authorities
relating to such Content, or for no reason at all. To report Terms of Use
abuse, please email: administrator@desire-z.us
You are solely responsible for your
interactions with other users of the Site. DESIRE-Z.US reserves the right, but
has no obligation, to monitor disputes between you and other users.
6.
COPYRIGHT COMPLAINTS
DESIRE-Z.US respects the
intellectual property of others. It is DESIRE-Z.US's policy to respond
expeditiously to claims of copyright and other intellectual property
infringement. DESIRE-Z.US will promptly process and investigate notices of
alleged infringement and will take appropriate actions applicable intellectual
property laws. Upon receipt of notices complying, DESIRE-Z.US may act
expeditiously to remove or disable access to any material claimed to be
infringing or claimed to be the subject of infringing activity and may act
expeditiously to remove or disable access to any reference or link to material
or activity that is claimed to be infringing. DESIRE-Z.US will terminate access
for forum members who are repeat infringers.
7.
INDEMNITY
You will indemnify and hold harmless
DESIRE-Z.US, its parents, subsidiaries, affiliates, customers, vendors,
officers and employees from any liability, damage or cost (including reasonable
attorneys’ fees and cost) from (i) any claim or demand made by any third party
due to or arising out of your post on the Site, use of the Services, violation
of the Terms of Use by you, or the infringement by you, or any third party
using your account or DESIRE-Z.US USER ID, of any intellectual property or
other right of any person or entity.
8.
WARRANTY DISCLAIMERS
You acknowledge that DESIRE-Z.US has
no control over, and no duty to take any action regarding: which users gain
access to the Site or use the Services; what effects the Content may have on
you; how you may interpret or use the Content; or what actions you may take as
a result of having been exposed to the Content. You release DESIRE-Z.US from
all liability for you having acquired or not acquired Content through the Site
or the Services. The Site or Services may contain, or direct you to sites
containing, information that some people may find offensive or inappropriate. DESIRE-Z.US
makes no representations concerning any content contained in or accessed
through the Site or Services, and DESIRE-Z.US will not be responsible or liable
for the accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Site or the Services. THE SERVICE,
CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
9.
LINKS
The Services may provide, or third
parties may provide, links to other World Wide Web sites or resources. Because DESIRE-Z.US
has no control over such sites and resources, you acknowledge and agree that DESIRE-Z.US
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products or other materials on or available from such sites or
resources. You further acknowledge and agree that DESIRE-Z.US shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
10.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DESIRE-Z.US OR ITS
SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER
LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY
LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING)
Desire-z.us Networks, its partners, affiliates and advertisers are not responsible for the content of threads that are submitted by users.
Desire-z.us Networks, its partners, affiliates and advertisers are not responsible for the content of threads that are submitted by users.
11.
TERMINATION
DESIRE-Z.US may terminate or suspend
any and all Services and your DESIRE-Z.US account immediately, without prior
notice or liability, if you breach any of the terms or conditions of the Terms
of Use. Upon termination of your account, your right to use the Services will
immediately cease. If you wish to terminate your DESIRE-Z.US account, you may
simply discontinue using the Services. All provisions of the Terms of Use which
by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
12.
MISCELLANEOUS
No agency, partnership, joint
venture, or employment is created as a result of the Terms of Use and you do
not have any authority of any kind to bind DESIRE-Z.US in any respect
whatsoever. The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further rights
hereunder. DESIRE-Z.US shall not be liable for any failure to perform its
obligations hereunder where such failure results from any cause beyond DESIRE-Z.US's
reasonable control, including, without limitation, mechanical, electronic or
communications failure or degradation (including "line-noise"
interference). If any provision of the Terms of Use is found to be
unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that the Terms of Use shall otherwise remain in
full force and effect and enforceable. The Terms of Use is not assignable,
transferable or sublicensable by you except with DESIRE-Z.US's prior written
consent. DESIRE-Z.US may transfer, assign or delegate the Terms of Use and its
rights and obligations without consent. The Terms of Use shall be governed by
and construed in accordance with the laws of the Republic of Indonesia
Notwithstanding the foregoing sentence, (but without limiting DESIRE-Z.US's
right to seek injunctive or other equitable relief in any court of competent
jurisdiction), any disputes arising with respect to this Agreement shall be
referred to the Badan Arbitrase Nasional or National Arbitrate Board of
Indonesia (arbitrator). The written decision of the arbitrator shall be final
and binding on the parties. The arbitration proceeding shall be carried on and
heard in Indonesia using the Indonesian language. In any action or proceeding
to enforce rights under the Terms of Use, the prevailing party will be entitled
to recover costs and attorneys fees. Both parties agree that the Terms of Use
is the complete and exclusive statement of the mutual understanding of the
parties and supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject matter of the
Terms of Use, and that all modifications must be in a writing signed by both parties,
except as otherwise provided herein.
13.
TRADEMARKS
DESIRE-Z.US brand and other DESIRE-Z.US
graphics, logos, designs, page headers, button icons, scripts, categories,
forum and service name are registered trademarks, trademarks or trade dress of DESIRE-Z.US
in the Republic of Indonesia and/or other countries. DESIRE-Z.US's trademarks
and trade dress may not be used, including as part of trademarks and/or as part
of domain names, in connection with any product or service in any manner that
is likely to cause confusion. Any intention to use the DESIRE-Z.US logo and
other trademarks must be requested and agreed upon in written by DESIRE-Z.US.
