Terms of Service for the Deekstar.com Inc.
1. Your agreement Terms and Conditions – Last updated: 29th September 2012
By using the Deekstar.com Inc Site, you agree to be bound by, and to comply with, these Terms and Conditions and any additional terms for special promotions, unless you offer different terms in writing that are accepted by Deekstar.com Inc. You also agree to comply with any guidelines or rules stated on the Site regarding any Product or Service. All such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Website.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes unless you offer different terms that are accepted by Deekstar.com Inc. This page was last updated on the date at the top of these terms and conditions.
Electronic communication: When you visit Deekstar.com Inc, purchase products or services through the Site, or contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices and updates on the Site. By using Deekstar.com Inc, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Deekstar.com Inc service: Correct Information, Product specifications and other information have either been made accessible by suppliers, manufacturers, merchants, publications, publicists, or have been collected from public-domain sources. The intention of Deekstar.com Inc is that all information on the website should be as accurate and up-to-date as possible. However, Deekstar.com Inc cannot guarantee the reliability or the accuracy of the information contained within its pages. We urge our users to conduct their own research before purchasing from the stores listed on our site to ensure the accuracy of the prices. All actions taken by you the user are the responsibility of you as an individual. Deekstar.com Inc cannot make any guarantees that any information is completely correct or be held liable for any actions taken based on the product and pricing information provided.
Relationship with merchants: Stores, Retailers and merchants listed on the Deekstar.com Inc site are independent third parties and Deekstar.com Inc is not acting as a principal, agent or broker with respect to any advertisers. Your relationship with any merchant you contact through this site is solely between You and the merchant. You agree not to hold Deekstar.com Inc liable for any loss or damage of any sort incurred as the result of any business conducted with these merchants or as the result of the content provided by these merchants through the Site.
If you want to report any errors or have a question please contact: firstname.lastname@example.org
Your use of the Deekstar.com Inc sites: Simple Doís & doníts, You agree to use the Site only for lawful purposes. You may only use this site as a general guide for making price comparisons for your own private use and shall not use this site for any other purposes. You may download, display and print one copy of the material presented on this site for your personal, non-commercial use only.
Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party’s intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate this Site and its services is protected by copyright, trademark, patent, or other proprietary rights of Deekstar.com Inc and its affiliates, licensors, and service providers. You agree that your data, content, and any information provided or used on the Site, as well as your use of our Site, products and services will not: (1) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively “Trademarks”) or other intellectual property made available by us in connection with the Site or otherwise infringe or facilitate infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively “Rights”) of any party, including the Rights of third-parties; (2) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (3) use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (4) defame or disparage us, our Trademarks, or any aspect of the Site; (5) post or transmit any content that is unlawful, threatening, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (6) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services; (7) contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote website hacking or similar conduct; (8) access or attempt to access the non-public areas of the Site or any other user’s password-protected information; (9) impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity; and (10) restrict or inhibit any other user from using or enjoying the Deekstar.com Inc Site, or any site linked to.
Memberships – Payments: Deekstar.com Inc. does not charge any fee for using this site during the continuance of these Terms and Conditions. Deekstar.com Inc shall have no responsibility for transmission of funds due to any third party provider or distributor with whom you may deal with. You are responsible for transmitting all payments due on the terms agreed with any third party provider or distributor.
User Added Contant: Deekstar.com Inc has enabled you to add content to the site in the form of Blog reviews and Forum membership, Deekstar.com Inc is entitled, at its sole discretion, to publish, edit, refuse, or delete content that you have provided. Deekstar.com Inc will not permit the publishing of content that may be illegal under applicable law.
Changes: Deekstar.com Inc reserves the right to change, at its sole discretion, all or any aspects of the content, design, services provided or any other aspect of the Deekstar.com Inc website at any time without prior notice.
Framing, linking Etc. The use of content on any other web site or networked computers is prohibited. Links to the Site without Deekstar.com Incís written permission are prohibited. Framing, scraping or data mining of the Site or any of any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site or any linked site will not be permitted.
Monitoring WebSite Usage: We may monitor areas of the Site and will disclose content, records, or electronic communications of any kind (a) to satisfy any law, regulation, or government request; (b) if it is necessary to operate the Site; or (c) to protect our rights or property or the rights of our users, sponsors, service providers, licensors, or merchants.
Account Maintenance: By using this site, you represent that you will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Deekstar.com Inc will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. By entering any information on this Site, you represent and warrant that: (i) you have the legal capacity to agree to these terms and use this Site; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.
Termination: If you want to cancel a username or password because you think unauthorized use of that username and password has occured, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all.
Intellectual property Ownership;This site is the copyrighted property of Deekstar.com Inc. and/or its various third party providers, directors and distributors. Information on the Deekstar.com Inc site must not be reproduced, sold, republished, distributed, posted, transferred, or modified without the express written permission of Deekstar.com Inc and/or our third parties. This does not apply to downloading, copying, or saving information from the site for your own personal use. All trademarks, logos and service marks displayed oround this site are registered and/or common law Trademarks of Deekstar.com Inc, its affiliates, and various third parties. No information on this site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks without the written permission of Deekstar.com Inc. or such other party that may own the Trademarks. Deekstar.com Inc does not claim to own any of the third party or affiliate merchants, suppliers or manufacturer brands or trademarks featured on its site. The same applies for the trademarks of other publicists or publications on this website.
Your rights: You retain the ownership of all intellectual property rights existing in the content you submit. Important, by submitting content to Deekstar.com Inc, you grant to Deekstar.com Inc a royalty-free world-wide, non-exclusive license for the duration of copyright to use your content, or any part of your content, in any way that Deekstar.com Inc decides on the Deekstar.com Inc website, any other website or through any other medium and to permit others to do the same. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO DEEKSTAR.COM INC. OR THE SITE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING ANY MATERIAL TO US, YOU ARE REPRESENTING AND WARRANTING TO US THAT THE MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THESE MATERIALS AND THAT WE ARE FREE TO USE THE MATERIALS IF WE SO CHOOSE, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Copyright and trademark notice Deekstar.com Inc. © 2006-2012, Deekstar.com Inc. All rights reserved. Deekstar is a trademark of Deekstar.com Inc. Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of Deekstar.com Inc. and its affiliates, licensors, and service providers.
Intellectual property infringement claims: It is policy of the Deekstar.com Inc. to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Notices of claimed infringement should be directed to:
Deekstar.com Inc. IBC Company No.039830, Victoria House, Mahe, Seychelles,
UK Office – Jacks Barn, Okehampton Devon
Telephone: 01647 231188
Email Address: email@example.com
Links: This site contains links to other websites that are provided solely as a convenience
to you and not as an endorsement by Deekstar.com Inc, its third party providers or distributors of the contents of such other web sites. Deekstar.com Inc has not reviewed all of the sites linked to the site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Deekstar.com Inc make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
Indemnity & release: The material that you read on the site is provided solely for information purposes. By using the Site web sites you agree to indemnify Deekstar.com Inc and affiliated entities (collectively “Indemnities”) and hold them harmless from any and all claims and expenses, including (without limitation) attorney’s fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Deekstar.com Inc or from any person’s use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you. Deekstar.com Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with Deekstar.com Incís defense of such claim.
Disclaimer of warranties and limitation of liability: By using the Site, the Products and Services, or submitting any ideas and/or related materials to us, you are hereby agreeing to release Indemnities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Indemnities. YOU AGREE TO WAIVE TO, THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Disclaimers and limitation of liability: Disclaimer of warranties and limitation of liability A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (3) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (4) WE MAKE NO WARRANTY WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THIS SITE, THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED OR MERCHANTS INVOLVED; (5) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (6) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; and (7) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
B. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (1) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (2) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (4) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) YOUR USE OR INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (5) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR 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 or (6) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO Deekstar.com Inc.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Exclusions and limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
GeneralNotice: Except as explicitly stated otherwise, any notices provided by us may be made by an updated posting on the Site, or by email to the most recent address that you have provided. Notices to us shall be given by e-mail: Deekstar.com Inc, – firstname.lastname@example.org
Place of performance: References to any Deekstar.com Inc product or service do not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this site from their respective resident locations do so on their own initiative and are responsible for compliance with all applicable local laws.
Miscelaneous: A. Choice of Law, Limitation of Actions, Severability, Non-Waiver and Merger. These Terms and Conditions will be governed in all respects by the laws of the seychelles as such laws are applied to agreements entered into and to be performed entirely within the Seychelles between Seychelles residents. You hereby consent to jurisdiction and venue in Mahe, Seychelles for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by Mail with delivery receipt to the address you provided to Deekstar.com Inc. and agree that any claim against us must be filed within one 1 year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between Deekstar.com Inc’s representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer’s documents or purchase orders. Nothing in these Terms and Conditions limits or excludes either party’s liability for fraud or for negligence causing death or personal injury.
B. No Joint Venture, No Derogation of Rights: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Deekstar.com Inc as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
List of Deekstar.com Inc Domains: Domain names and Websites which shall be wholly covered by this Terms of Service document which represents the entire Deekstar.com.Inc Ecommerce and Digital Information Network: