Terms of Use
DeeksCorp and its affiliates (“Company”) provides its content on few internet sites which includes but not limited to deekscorp.com, deekscorp.org, deekstalks.com (“Sites”) (Collectively, “we”, “us”, or “our”) subject to the following terms and conditions (the “Terms”).
Please read these Terms of Use carefully before registering or using the Sites. By joining or each time you access and use the Sites, you signify that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the Sites. These Terms have the same force and effect as an agreement in writing.
1. Use of Sites
You may use the Sites solely for personal and non-commercial purposes only and subject to these Terms of Use. You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of the Sites. When you register with us and each time you access the Sites, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with our Privacy Policy. If you choose to register with us, you agree to:
(a) Provide true, accurate, current, and complete information as prompted by the registration form;
(b) Maintain and update such information to keep it true, accurate, current, and complete at all times.
In addition, you agree not to use the Sites to:
(a) Violate any local, state, national, or international law or regulation;
(b) Transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(c) Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) Stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the Sites;
(f) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(g) use any "robot," "spider," "rover," "scraper" or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Sites, our network or databases; or
(h) Interfere with or disrupt the Sites or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites.
2. User Submissions
We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the Sites (collectively, “User Submissions”). As between you and us, you own all rights to your User Submissions. However, you grant to us and our affiliates, representatives, sub-licensees and assigns an irrevocable, perpetual, non-exclusive, fully-paid, license (sub-licensable through multiple tiers) throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivate works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Policy. We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the Sites. In consideration for us granting you access and use of the Sites, you agree that we may place such advertisements throughout our Sites. We do not pre-screen User Submissions, and you agree that you are solely responsible for all of your User Submissions. We are not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You, and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the Sites, such as your home address or the home address of others.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Sites that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this Section 2 will survive the termination of these Terms.
All content and materials provided on the Sites are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. THE CONTENT IS PROVIDED “AS IS,” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY AT YOUR OWN RISK.
3. Copyright Infringement and Trademark Rights
Materials, content and User Submissions may also be provided or made available via the Sites by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Sites for the inclusion of illegal or impermissible content. However, we respect the intellectual property rights of others. It is in our policy not to permit materials known by us to infringe another party’s copyright to remain on the Sites.
If you believe that any materials on the Sites infringe a copyright, you should provide us with written notice that at a minimum contains:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All notices should be sent to the appropriate contact as mentioned in the Contact Information (Section 18) below.
We have a policy of removing User Submissions or third parties that violate copyright law, suspending access to the Sites (or any portion thereof) to any user who uses the Sites in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Sites in violation of copyright law.
If you believe that your trademark is being used somewhere on the Sites in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at the appropriate contact as mentioned in the Contact Information below.
We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
4. Termination
In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Sites, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. You may discontinue your participation in and access to the Sites at any time. We reserve the right to investigate your use of the Sites in the event we, in our sole and absolute discretion, believe you have violated these Terms. Upon termination, we have no obligation to retain, store, or provide you with any data, information or other content that you uploaded, stored, or transferred on or through the Sites.
5. Modification to Terms
We may, in our sole and absolute discretion, change these Terms from time to time. If you object to any such changes, your sole recourse shall be to stop using the Sites. Your continued use of the Sites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
6. Modification to Sites
We reserve the right to modify or discontinue all or any aspect of the Sites with or without notice to you. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SITES.
7. Fees
We reserve the right at any time to charge fees for access to the Sites or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access any part of the Sites unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or features. Details regarding the content or features you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to us storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. We do not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. The off-site / offline services we provide will contain separate terms and fee which will be discussed before engagement for those services.
8. Privacy
We respect your privacy and the privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy.
9. Password & Security
You are responsible for maintaining the confidentiality of your password to access the Sites, and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security related to the Sites. We reserve the right to require you to alter your password if we believe that your password is no longer secure. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
10. Links
The Sites may contain links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web site or resource or its contents. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE. We encourage you to be aware when you leave our Sites and to read the terms and conditions and privacy statements of each and every web site that you visit.
11. Our Proprietary Rights
DeeksCorp Logo, our site names, as well as certain other of the names, logos and materials displayed in the Sites constitute trademarks, trade names, service marks or logos (“Marks”) of us or other entities. You agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Company.
12. Copyrights, Restrictions on use
The content on the Sites (the “Content”) including without limitation, video, text, photos and graphics, is protected under copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. With the exception of your own User Submissions: (a) the content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Sites in the manner permitted by these Terms.
13. Disclaimer of Warranties
THE CONTENT PROVIDED AND ACCESSIBLE THROUGH THE SITES ARE ON AN “AS IS” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRENTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITES. YOU EXPRESSLY AGREE THAT THE USE IF THE SITES IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT WE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITES. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF FEES YOU PAID US (IF APPLICABLE) FOR A PERIOD OF THREE MONTHS PRIOR TO THE DATE YOU SUBMIT A CLAIM.
15. Indemnification
You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Sites (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
16. Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
17. Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
18. Contact Information
You may contact us through the mail id: reach@deekscorp.com. Please mention a clear subject line. This will enable a faster response and ease of engagement.
19. Effective Date: These Terms of Use were last updated on 25-June-2013 and are effective thereof.
Please read these Terms of Use carefully before registering or using the Sites. By joining or each time you access and use the Sites, you signify that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the Sites. These Terms have the same force and effect as an agreement in writing.
1. Use of Sites
You may use the Sites solely for personal and non-commercial purposes only and subject to these Terms of Use. You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of the Sites. When you register with us and each time you access the Sites, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with our Privacy Policy. If you choose to register with us, you agree to:
(a) Provide true, accurate, current, and complete information as prompted by the registration form;
(b) Maintain and update such information to keep it true, accurate, current, and complete at all times.
In addition, you agree not to use the Sites to:
(a) Violate any local, state, national, or international law or regulation;
(b) Transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(c) Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) Stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the Sites;
(f) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(g) use any "robot," "spider," "rover," "scraper" or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Sites, our network or databases; or
(h) Interfere with or disrupt the Sites or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites.
2. User Submissions
We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the Sites (collectively, “User Submissions”). As between you and us, you own all rights to your User Submissions. However, you grant to us and our affiliates, representatives, sub-licensees and assigns an irrevocable, perpetual, non-exclusive, fully-paid, license (sub-licensable through multiple tiers) throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivate works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Policy. We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the Sites. In consideration for us granting you access and use of the Sites, you agree that we may place such advertisements throughout our Sites. We do not pre-screen User Submissions, and you agree that you are solely responsible for all of your User Submissions. We are not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You, and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the Sites, such as your home address or the home address of others.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Sites that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this Section 2 will survive the termination of these Terms.
All content and materials provided on the Sites are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. THE CONTENT IS PROVIDED “AS IS,” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY AT YOUR OWN RISK.
3. Copyright Infringement and Trademark Rights
Materials, content and User Submissions may also be provided or made available via the Sites by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Sites for the inclusion of illegal or impermissible content. However, we respect the intellectual property rights of others. It is in our policy not to permit materials known by us to infringe another party’s copyright to remain on the Sites.
If you believe that any materials on the Sites infringe a copyright, you should provide us with written notice that at a minimum contains:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All notices should be sent to the appropriate contact as mentioned in the Contact Information (Section 18) below.
We have a policy of removing User Submissions or third parties that violate copyright law, suspending access to the Sites (or any portion thereof) to any user who uses the Sites in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Sites in violation of copyright law.
If you believe that your trademark is being used somewhere on the Sites in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at the appropriate contact as mentioned in the Contact Information below.
We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
4. Termination
In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Sites, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. You may discontinue your participation in and access to the Sites at any time. We reserve the right to investigate your use of the Sites in the event we, in our sole and absolute discretion, believe you have violated these Terms. Upon termination, we have no obligation to retain, store, or provide you with any data, information or other content that you uploaded, stored, or transferred on or through the Sites.
5. Modification to Terms
We may, in our sole and absolute discretion, change these Terms from time to time. If you object to any such changes, your sole recourse shall be to stop using the Sites. Your continued use of the Sites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
6. Modification to Sites
We reserve the right to modify or discontinue all or any aspect of the Sites with or without notice to you. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SITES.
7. Fees
We reserve the right at any time to charge fees for access to the Sites or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access any part of the Sites unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or features. Details regarding the content or features you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to us storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. We do not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. The off-site / offline services we provide will contain separate terms and fee which will be discussed before engagement for those services.
8. Privacy
We respect your privacy and the privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy.
9. Password & Security
You are responsible for maintaining the confidentiality of your password to access the Sites, and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security related to the Sites. We reserve the right to require you to alter your password if we believe that your password is no longer secure. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
10. Links
The Sites may contain links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web site or resource or its contents. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE. We encourage you to be aware when you leave our Sites and to read the terms and conditions and privacy statements of each and every web site that you visit.
11. Our Proprietary Rights
DeeksCorp Logo, our site names, as well as certain other of the names, logos and materials displayed in the Sites constitute trademarks, trade names, service marks or logos (“Marks”) of us or other entities. You agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Company.
12. Copyrights, Restrictions on use
The content on the Sites (the “Content”) including without limitation, video, text, photos and graphics, is protected under copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. With the exception of your own User Submissions: (a) the content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Sites in the manner permitted by these Terms.
13. Disclaimer of Warranties
THE CONTENT PROVIDED AND ACCESSIBLE THROUGH THE SITES ARE ON AN “AS IS” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRENTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITES. YOU EXPRESSLY AGREE THAT THE USE IF THE SITES IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT WE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITES. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF FEES YOU PAID US (IF APPLICABLE) FOR A PERIOD OF THREE MONTHS PRIOR TO THE DATE YOU SUBMIT A CLAIM.
15. Indemnification
You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Sites (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
16. Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
17. Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
18. Contact Information
You may contact us through the mail id: reach@deekscorp.com. Please mention a clear subject line. This will enable a faster response and ease of engagement.
19. Effective Date: These Terms of Use were last updated on 25-June-2013 and are effective thereof.