Terms and Conditions

1.Preambule

Welcome to the website Desiforce.com. These Terms and Conditions describe the terms and conditions applicable to your use and access of the https://desiforce.com/, which include without limitation all subdomains (hereinafter “Websites”). All mentioned above Websites are owned and operated by AssureServe, LLC, a company registered under the law of GA, USA and whose registered office is at 2755 Olivne Dr, Dacula, GA, USA (hereinafter the “Company”, “we”, “our” or “us”).

The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms and Conditions”), are a binding agreement between you (referred to as “you”, “your”, “registered user” or “user” hereinafter) and the Company and govern your access to and use of Websites, including any content and functionality (as defined below) offered on or through Websites, whether as a guest or a registered user or via any affiliated website.

2.Prohibition

Any use or access to the Websites by anyone under the age of 13 is prohibited. If you are under 13, do not use or provide any information on the Websites or on or through any of its features, register on the Websites, use any of the interactive or public comment features on the Websites, or provide any information about yourself to us.

3.Acceptance of Terms and Conditions

We kindly ask you to read attentively, conscientiously and correctly the Terms and Conditions before you start to use the Websites. By using the Websites, you provide your consent that you accept and agree to be bound and abide by these Terms and Conditions, including Privacy Policy which is incorporated herein by reference available at Privacy Policy.

If you do not agree to be bound by these Terms and Conditions and to abide by all applicable law, you must quit using the Websites urgently.

4.Changes to the Terms and Conditions

Company may improve and update these Terms and Conditions from time to time in our sole discretion, and will notify you of such change via email and/or via a notice on the homepage of the Websites within 30 days before the changes. All changes are valid at once when we post them, and are applicable to all access to and use of the Websites thereafter.

You accept and agree to the changes if you continued use of the Websites following the posting of revised Terms and Conditions. You have to check this page periodically, so you are aware of any changes, as they are binding on you.

5.Intellectual Property Rights

The Websites and entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not distribute, modify, copy, reproduce, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:

(i) Your computer may temporarily store copies of such materials in Random Access Memory incidental to your accessing and viewing those materials.

(ii) For your own personal, non-commercial use and not for further reproduction, publication or distribution, you may print or download one copy of a reasonable number of pages of the Websites.

(iii) For features of the Websites that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by the Websites.

These Terms and Conditions grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Websites. You may access the material on the Websites only for your own personal, non-commercial use.

Any use of the content of the Websites not permitted in written form by these Terms and Condition is a breach of these Terms and Conditions and may violate copyright, trademark, patent and other laws.

6.Links to Third-Party Websites

There are links to the Websites owned or operated by parties other than Company (hereinafter “Third-Party Websites”). These links are provided on our Websites for your reference only. Company does not monitor and control outside our Websites and is not responsible for their content. You have to check and agree their Terms of Use, Terms of Services, Privacy Policy and other related document before start using Third-Party Websites.

7.Websites Content

The content of the Websites is offered only for general information, discussion, and entertainment purposes. There is some of the content reflects the personal opinions users. We constantly recommend you to be skeptical about any information on the Websites because the information may be offensive, harmful, and/or wrong.
Company does not warrant the accuracy, completeness, or usefulness of the information on the Websites. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other users to the Websites, or by anyone who may be informed of any of its contents.
The Websites may include content provided by third parties, including but not limited materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8.Registered users

You can access to some areas of our Websites only after registration. In order to become a registered user, you must register yourself, agree to the Terms and Conditions, and complete all compulsory fields within your profile.

User warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.

Users have to select their own usernames and passwords. Registered users will have access to such additional features on our Websites as we may from time to time determine in our sole discretion. Such additional features may include:

(i) the facility to complete a detailed personal profile on the Websites, to publish that profile on the Websites;

(ii) chatroom powered by iFlyChat.com;

(iii) deletion of the profile.

Company may disable username and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.

9.User created content

Accordingly to these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our Websites, for any purpose.

You hereby grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the Company the right to sublicense these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on the Websites) must not:

(i) be libellous or maliciously false;

(ii) be obscene or indecent;

(iii) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(iv) infringe any right of confidence, right of privacy, or right under data protection legislation;

(v) constitute negligent advice or contain any negligent statement;

(vi) constitute an incitement to commit a crime;

(vii) be in contempt of any court, or in breach of any court order;

(viii) be in breach of racial or religious hatred or discrimination legislation;

(ix) be blasphemous;

(x) be in breach of official secrets legislation;

(xi) be in breach of any contractual obligation owed to any person;

(xii) depict violence in an explicit, graphic or gratuitous manner

(xiii) be pornographic or sexually explicit

(xiv) be untrue, false, inaccurate or misleading;

(xv) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(xvi) constitute spam;

(xvii) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory;

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use the Websites to link to any website or web page consisting of or containing material that would, were it posted on the Websites, breach the provisions of these Terms and Conditions.

You must not submit any user content to the Websites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to the Websites, or stored on our servers, or hosted or published upon the Websites. Notwithstanding our rights under these Terms and Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Websites.

10.Disclaimer and Limitation on Liability

Company informs you and you agree that the Websites and any information, products, or services therein are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Company does not warrant that the Websites will operate in an uninterrupted or error-free manner or that the Websites are free of viruses or other harmful components. Use of the Websites or information obtained from or through the Websites is at your own risk.

In no event will Company, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Websites, any websites linked to the Websites, any content on the Websites or such other websites or any services obtained through the Websites or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11.Governing Law and Jurisdiction

You agree that any dispute arising out of or relating to the Websites, these Terms and Conditions, or any content posted to the Websites, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the State of Georgia. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Atlanta.

12.Notice of Infringement

We respect the intellectual property rights of others. Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (hereinafter the “DMCA”), Company have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please send your Notice of Infringement by mail to us:

The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) 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.

(iii) 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 the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) 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.

(vi) A 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.
We kindly ask you to provide your mailing address, telephone number, and, if available, email address,your full legal name and your electronic or physical signature. Please, include both of the following statements in the Notice of Infringement:

I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).

I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

13.Contact details

If you have any questions relating to these Terms and Conditions, Websites or Company, please e-mail questions to admin@desiforce.com. Also, you have a possibility to reach us by mail at 2755 Olivne Dr, Dacula, GA, USA.