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Site Disclaimer	Welcome to Deshihut, an online personal networking service, operated by Comp-N-more, Inc. in Harris County, and State of Texas. By using the Deshihut online social networking and SMS service, you accept and agree to be bound by the following terms and conditions. Changes to Deshihut and terms and conditions We reserve the right to modify or terminate the Deshihut service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. Eligibility and registration You must be 14 years or older to use the services at Deshihut. By registering, you represent and warrant that you are 14 years or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You must provide true, accurate and complete registration information to be an Deshihut member . As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. Appropriate conduct and content; personal use only The Deshihut social site and SMS service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the Deshihut service for any purpose. You may not use the Deshihut services for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the Deshihut. We may, but shall have no obligation to, remove Materials/Content that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Other examples of illegal or unauthorized uses include, but are not limited to: - modifying, adapting, translating, or reverse engineering any portion of the Deshihut services; - removing any copyright, trademark or other proprietary rights notices contained in or on the Deshihut services; - using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Deshihut services; - collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes; - reformatting or framing any portion of the web pages that are part of the Deshihut ; - creating user accounts by automated means or under false or fraudulent pretenses; - creating or transmitting unwanted electronic and/or SMS communications such as "spam," or chain letters to other Members or otherwise interfering with other Member's enjoyment of the service; - submitting Materials of any third party without such third party's prior written consent; - directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent; - submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by Deshihut; - submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; - transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; - submitting Materials that are unlawful or promote or encourage illegal activity; or - submitting false or misleading information. While Deshihut prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Deshihut services at your own risk. SMS Service Messages will be considered as delivered when Deshihut has delivered, or sent the messages to the immediate destination that Deshihut Core Messaging Platform has been programmed to do, which include SMPP/SMTP servers, or Mobile Telephone Networks. In addition, any other intermediary server or API is also deemed to be the point of dispatch of the message. Deshihut does not extend guarantee of delivery on behalf of the Mobile Telephone Networks or Servers. Although Deshihut makes all efforts to ensure delivery and prides itself on speedy delivery of messages, messages may be delivered late as a result of queuing or network congestion/traffic. Deshihut lays no claim to its network coverage. Although Deshihut focuses on giving extensive coverage aggregation services, the mobile networks may choose from time to time to not be a part of Deshihut or of its Service Providers' Networks. This may lead to messages not being delivered to those particular networks. Though Deshihut makes all possible efforts to inform the Users of non-availability of a network as soon as it is aware of the same, there can be networks appearing on the Coverage List but Deshihut is unable to deliver to. There is no upper limit on the number of messages a User may send through Deshihut. Deshihut generally has a record of all the messages sent (at least for one year). However, Deshihut assumes no responsibility for any deletion or for any failure to store message data. Deshihut may, in future, after prior or without prior notification, limit the storage space that may be available to each User. Deshihut normally transmits its own brand name or gateway number as the Sender Name/Number for each of the messages that the Users send. All credits expire within 180 days from the date on which they had been purchased. Deshihut proprietary rights By submitting, posting or displaying any Materials on or through the Deshihut website, you automatically grant to us a worldwide, non-exclusive, sublicense able, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Mat erials. That said, our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission. Deshihut and Comp-N-More, Inc own and retain all rights in the Deshihut Web site and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Deshihut , you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Deshihut proprietary information. Deshihut are trademarks of Comp-N-more, Inc. Privacy policy Our collection and use of personal information is governed by our Privacy Policy. You understand and agree that Deshihut may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of Deshihut, Comp-N-more, Inc or the public. Disclaimer of warranties Deshihut, Comp-N-more, Inc, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Deshihut website. Deshihut and Comp-N-More, Inc disclaim any and all responsibility and liability for the conduct of any Member. THE DESHIHUT SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE DESHIHUT SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DESHIHUT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE DESHIHUT SERVICE IS ENTIRELY AT YOUR OWN RISK. Hold harmless and indemnity You agree to hold harmless and indemnify Deshihut from and against any third party claim arising from or in any way related to your use of the Deshihut service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Deshihut will provide you with written notice of such claim, suit or action. Limitation of liability UNDER NO CIRCUMSTANCES WILL DESHIHUT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE DESHIHUT SERVICE, WHETHER OR NOT DESHIHUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DESHIHUT SERVICE, FROM INABILITY TO USE THE DESHIHUT SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DESHIHUT SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL DESHIHUT BE LIABLE TO YOU FOR ANY AMOUNT . Term and termination These Terms of Service will apply to your use of the Deshihut service. At any time, you can terminate your account which will remove your profile and other personal information from view. To learn how to terminate your account, email to admin@deshihut.com. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Deshihut service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership. Notices Deshihut may provide you with notices regarding the Deshihut service or these Terms of Service by regular mail, email, or postings to this Web site. Miscellaneous provisions These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the Harris County, Texas. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall Deshihut be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between you and Deshihut with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party. Copyright information If you believe that your copyright has been infringed on the Deshihut service, please read the following information for filing or responding to a notice of infringement. To file a notice of copyright notice with us, please send a written communication by email to admin@deshihut.com that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format: 1. Identify in sufficient detail the material that you believe has been infringed. For example, the copyrighted work at issue is the image that appears on John Doe's Profile on Deshihut. 2. Identify the material that you claim is infringing the material listed in item #1 above. 3. Provide information reasonably sufficient to permit Deshihut to contact you (email address is preferred). 4. Provide information, if possible, sufficient to permit Deshihut to notify the user(s) who posted the content that allegedly contains infringing material (email address is preferred). 5. Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law." 6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 7. Sign the paper. 8. Send the written communication to our Copyright Agent, whose name and contact information can be found at the U.S. Copyright Office's website, http://www.copyright.gov. The user(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question. To file a counter notification with us, please provide a electronic communication email that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format: 1. Identify the specific URLs of material that Deshihut has removed or to which Deshihut has disabled access. 2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Harris County, Texas if your address is outside of the United States), and that you will accept service of process from the person who provided notification to Deshihut of the infringement or an agent of such person. 3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." 4. Sign the paper. 5. Send the written communication to our Copyright Agent, whose name and contact information can be found at the U.S. Copyright Office's website, http://www.copyright.gov.
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