TERMS
OF USE: 1.
VISITOR'S AGREEMENT AND RULES OF CONDUCT FOR THE THE DESERT IS NOT SILENT.COM
WEB SITE
Use and participation in THE DESERT IS NOT SILENT.COM's Web site is contingent
upon your acceptance of the following terms and rules.
By using our Web site, you accept these terms. In addition,
your continued use of our Web sites after a change has
been made to the policies of our Web site implies your
assent to those changes.
Links to Other Sites
THE DESERT IS NOT SILENT.COM chooses its links to other Web sites carefully.
However, THE DESERT IS NOT SILENT.COM is not responsible for the content
or privacy practices of Web sites operated by third
parties that are linked to or from THE DESERT IS NOT SILENT.COM's Web
site. These links are meant for the visitor's convenience
only. Links to third party Web sites do not constitute
sponsorship, endorsement, or approval by THE DESERT IS NOT SILENT.COM
of any content, policies or practices of such sites.
Once you have left THE DESERT IS NOT SILENT.COM's Web site via such a
link, you should check the applicable terms of use and
privacy policy of the third party site. THE DESERT IS NOT SILENT.COM's
Web site may also be linked to or from Web sites operated
by companies affiliated with THE DESERT IS NOT SILENT.COM. Visitors to
those sites should refer to their separate terms of
use, privacy policies and practices.
2. RULES OF CONDUCT
THE DESERT IS NOT SILENT.COM is not responsible for any material posted
on our message boards, reviews system or other forums.
a. You shall not post or transmit through THE DESERT IS NOT SILENT.COM's
Web sites any defamatory, threatening, obscene, harmful,
pornographic or other material which would violate or
infringe in any way upon the rights of others, or which
would give rise to criminal or civil liability and / or local law or regulation. THE DESERT IS NOT SILENT.COM
will fully cooperate with any law enforcement authorities
or court order requesting or directing THE DESERT IS NOT SILENT.COM to
disclose the identity of anyone posting any such emails
or materials. Further, you shall not post or transmit
through THE DESERT IS NOT SILENT.COM any material which advertises or
otherwise solicits funds or is a solicitation for goods
or services.
b. You shall not upload, post, or otherwise make available
on THE DESERT IS NOT SILENT.COM Web sites any material protected by copyright,
trademark or other proprietary right without the express
permission of the owner of such copyright, trademark
or other proprietary interest.
c. You shall not upload, post or transmit through THE DESERT IS NOT SILENT.COM's
Web sites any advertisements, chain letters, pyramid
schemes, or spamming of the same message to multiple
boards.
d. By posting messages, uploading files, inputting
data, or engaging in any other form of communication
through THE DESERT IS NOT SILENT.COM's Web sites, you hereby waive any
and all rights to any stories, ideas, drawings, opinions,
and other creative "materials" posted to THE DESERT IS NOT SILENT.COM's
web sites. You authorize THE DESERT IS NOT SILENT.COM to utilize, royalty-free,
in any manner it sees fit and for eternity, the materials
posted on the site, which shall become the property
of THE DESERT IS NOT SILENT.COM and shall include the right to exploit
any proprietary rights in such communication, including,
but not limited to, rights under copyright, trademark,
service mark, or patent laws under any relevant jurisdiction.
You release THE DESERT IS NOT SILENT.COM from any and all claims or liability
(now known or hereafter arising) in connection therewith,
and you agree to indemnify THE DESERT IS NOT SILENT.COM in connection
therewith pursuant to the terms of Paragraph 3 below.
You agree and acknowledge that your participation in
THE DESERT IS NOT SILENT.COM's Web sites shall not give rise to any confidential,
fiduciary, implied-in-fact, implied-in-law, contractual
or other special relationship between you and THE DESERT IS NOT SILENT.COM
(other than the contractual relationship entered into
between you and THE DESERT IS NOT SILENT.COM by virtue of your agreement
to the Terms and Conditions of Use).
3. VISITOR'S INDEMNIFICATION / OBLIGATIONS
a. In consideration for your use of and access to THE DESERT IS NOT SILENT.COM
Web site, you agree that in no event will THE DESERT IS NOT SILENT.COM,
its affiliated or related entities, its content providers
or any other party involved in creating, producing or
delivering this Web site or any site linked to or from
this Web site, be responsible or liable to you or entity
in any manner whatsoever (including, but not limited
to, persons who may use or rely on such data or materials
or to whom such data and materials are furnished) for
any loss, damage (whether actual, consequential or punitive),
injury, claim, liability, or other cause of any kind
or character whatsoever based upon or resulting from
any information provided in THE DESERT IS NOT SILENT.COM's web site, or
arising from any decision made or action or non-action
taken by you or any other person in reliance upon the
information provided through THE DESERT IS NOT SILENT.COM Web sites, even
if you advise THE DESERT IS NOT SILENT.COM of the possibility of any claims
or damages.
b. You, as a visitor and/or user of THE DESERT IS NOT SILENT.COM's Web
site, agree to defend, indemnify, and hold harmless
THE DESERT IS NOT SILENT.COM, its parents, subsidiaries, and affiliated
companies and their respective directors, officers,
employees, and agents from and against all claims, losses,
costs, and expenses (including attorneys' fees) arising
out of your use of the THE DESERT IS NOT SILENT.COM Web site, or arising
out of any violation of laws or these Rules of Conduct
committed by you, including, without limitation, any
communication by you which is claimed to be defamatory,
obscene or otherwise unlawful, or which is claimed to
violate the copyright, trademark, proprietary or other
rights of third parties, or which constitutes a submission
of materials.
4. TERMINATION
THE DESERT IS NOT SILENT.COM shall have the right to immediately terminate
your use of the THE DESERT IS NOT SILENT.COM Web site if THE DESERT IS NOT SILENT.COM determines,
in its sole discretion, that you have violated the Rules
of Conduct set forth above in Paragraph 2 or otherwise
breached this agreement, or have engaged in conduct
which THE DESERT IS NOT SILENT.COM determines, in its sole discretion,
to be unacceptable. While THE DESERT IS NOT SILENT.COM recognizes that
its message boards and review system may be regarded
as a public forum, it is not applicable under the First
Amendment as a venue of free speech. THE DESERT IS NOT SILENT.COM reserves
the right to remove any postings to our message boards
at our sole discretion.
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