Express

Terms of Service

Last Updated: February 24, 2014

Please read this document carefully.

Deshtiny, LLC. (“Deshtiny, Co.,” “we,” or “us”) operates the Deshtiny mobile app and related website (“Deshtiny”). By using Deshtiny in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use Deshtiny. Deshtiny, Co. may change the Terms of Use at any time at its sole discretion. Deshtiny, Co. reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that Deshtiny, Co. determines has violated any aspect of these Terms of Use. Deshtiny, Co. reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Deshtiny, Co.

Who May Use Deshtiny

You must be at least 18 years old to use Deshtiny. If you are under 18, you are not authorized to use this Website and will not be afforded access to any features of this Website that allow for you to provide information to us or to share information with other users of this Website.

Use is void where prohibited. By using Deshtiny, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use Deshtiny, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

License to Use Deshtiny

Deshtiny, Co. grants you a limited, non-exclusive license to access and use Deshtiny for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

Except as expressly permitted by Deshtiny, Co. in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Deshtiny. Nor will you take any measures to interfere with or damage Deshtiny. All rights not expressly granted by Deshtiny, Co. are reserved.

Privacy

Your privacy rights are set forth in our Privacy Policy (Privacy Policy), which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you
  • What we use that information for
  • What third-party information, if any, you are agreeing to share by using Deshtiny; and
  • With whom we share that information

Registration

To use Deshtiny, you must register an account using Facebook login, meaning you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other Deshtiny users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Deshtiny users in your network or geolocation. Contact us at support {at} deshtiny.com if you believe your account has been accessed by an unauthorized person.

Credits and Other Paid Features

Deshtiny is free, but if you would like to purchase credits to access paid features (the "Service"), the following terms apply.

Pricing. The cost of purchasing a credit maybe changed at anytime. In addition, the number of credits used to access a feature or complete an action maybe changed at anytime. We may do any of these price changes without giving a prior notice of the change.

Billing and Payment. All payments on Deshtiny are processed through the platform the app is being used on (e.g. iOS In-App Purchases). As such, for payment processing questions and terms please refer to the terms and conditions that apply to your account on the platform you use Deshtiny on (e.g. Apple iOS account).

Promotions. Any free trial or other promotion that provides credit-restricted access to the Service must be used within the specified time of the trial.

Limited License

(1) When you purchase features on Deshtiny for a fee, some purchases grant you an unlimited license to use a feature during a set time period. Other purchases may grant you a limited license to use a feature where the license is governed by the use of “tokens”, “points” or similar terms (“License Triggers”) during a set time period. Upon the expiration of the time period, any unused License Triggers expire. In some cases, we may redeem any unused License Triggers ourselves prior to termination and provide you the feature(s) related thereto so you have no unused License Triggers when the license period expired, although we are not obligated to do so. We may also give you a license to use features that use License Triggers for free or as part of a promotion. In all cases, any license to use any of our Services is subject to your compliance with these Terms & Conditions and a non-exclusive, non-transferable and revocable.

(2) You understand and agree that while License Triggers may be described as being “purchased”, “bought”, “redeemed” or “spent”, the License Triggers themselves are not real world or virtual currency and do not refer to any credit balance of real currency or its equivalent. Rather, you receive a limited license to use certain features we offer and the License Triggers are for use only to organize how that license may be used. The purchase and sale of this limited license is a completed transaction upon receipt of your payment and is not refundable regardless of the extent to which you use the license. Your ability to use any License Triggers related a license is effective immediately once they are placed in your Account. If you choose to not use the license to its fullest extent, and let License Triggers expire or allow us to redeem them for you, if applicable, you may do so. Any License Trigger balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead only constitutes a measurement of the extent of your license. We may redeem any unused License Triggers for you promptly after their expiration date if we choose. If you delete your account, we are entitled to redeem all your unused License Triggers on the date of deletion.

(3) The terms of any purchase will be explained on the purchase page on our website, where you will provide your billing information and confirm the particulars of your purchase. If you purchase a license that uses License Triggers, your order will represent an offer to us to purchase a license for the relevant feature(s) which will be accepted by us when we make the License Triggers available in your Account and you can then use the feature(s) immediately. Some purchases will automatically renew. If a purchase that automatically renews involves License Triggers, we will charge your payment method upon the expiration of the license you purchased and the number of License Triggers you originally purchased will be added to your Account to allow you to continue to use the licensed feature(s). Any additional terms of any purchase including an automatic renewal will be explained on the purchase page, which are incorporated herein.

Term and Termination; Account Deletion

This Agreement begins on the date you first use Deshtiny and continues until terminated in accordance with the provisions hereof.

Deshtiny, Co. may suspend, disable, or delete your account (or any part thereof) if Deshtiny, Co. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Deshtiny, Co.’s reputation or goodwill. If Deshtiny, Co. deletes your account for the foregoing reasons, you may not re-register under a different name.

Upon termination, all licenses granted by Deshtiny, Co. will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Deshtiny, Co. shall not be responsible for the loss of such content.

Disclaimers; Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER DESHTINY USERS. YOU UNDERSTAND THAT DESHTINY, CO. DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. DESHTINY, CO. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. DESHTINY, CO. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. DESHTINY, CO. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

IN NO EVENT SHALL DESHTINY, CO. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE DESHTINY SERVICE OR PERSONS YOU MEET THROUGH DESHTINY. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Your safety and security are very important to us. The nature of this Website promotes the sharing of personal information by users with other users. Deshtiny cannot and does not assure that it is safe for you to have direct contact with other users of this Website. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person’s home solely using that person’s correct name. If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us at support {at} deshtiny.com so that we may take appropriate action to block further use of the Website by any user who is using this Website and information obtained from it for improper purposes.

IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THIS WEBSITE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THIS WEBSITE IN VIOLATION OF THESE TERMS OF USE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER.

By accessing this Website, you agree to use any personal information provided to you by other users of this Website in a lawful and responsible manner. You further agree that you will not use personal information about other users of this Website for any reason without the express prior consent of the user that has provided such information to you.

Deshtiny, Co. reserves the right to modify Deshtiny. You are responsible for providing your own access to Deshtiny. Deshtiny, Co. has no obligation to screen or monitor any content and does not guarantee that any content available on Deshtiny complies with this Agreement or is suitable for all users.

Deshtiny, Co. provides Deshtiny on an “as is” and “as available” basis. You therefore use Deshtiny at your own risk. Deshtiny, Co. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Deshtiny, Co. makes no representations or warranties:

  • That Deshtiny will be permitted in your jurisdiction;
  • That Deshtiny will be uninterrupted or error-free;
  • Concerning any content submitted by any user;
  • Concerning any third party’s use of content that you submit;
  • That any content you submit will be made available on Deshtiny or will be stored by Deshtiny, Co.;
  • That Deshtiny, Co. will continue to support any particular feature of Deshtiny;
  • Concerning sites and resources outside of Deshtiny, even if linked to from Deshtiny.

The products and services mentioned or promoted on Deshtiny, including password protected information relating thereto may be changed by Deshtiny at any time without notice. Information about products or services offered by third parties are referred to on the Website for information purposes only. Deshtiny’s provision of any such information is not intended to constitute an endorsement or recommendation, by Deshtiny, of such products or services.

Code of Conduct; Prohibited Activities

In using Deshtiny, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Act in a deceptive manner by, among other things, impersonating any person;
  • Collect information about others;
  • You will not express or imply that any statements you make are endorsed by Deshtiny, Co. without our specific prior written consent.
  • You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
  • You will not post, email or otherwise transmit any material that contains 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.

Deshtiny, Co. has the right, but not the obligation, to monitor all conduct on and content submitted to Deshtiny.

Content Restrictions

You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Deshtiny, Co. or to any other user. If information provided to Deshtiny, Co., or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):

  • is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  • contains sexually explicit content;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.

Licenses Granted by You

You grant Deshtiny, Co. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Deshtiny permission to view your content for their personal, non-commercial purposes. If you make suggestions to Deshtiny, Co. on improving or adding new features to Deshtiny, Deshtiny, Co. shall have the right to use your suggestions without any compensation to you.

Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Deshtiny, Co. and grant the licenses set forth above; (ii) Deshtiny, Co. will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

Indemnification

You will indemnify, defend, and hold harmless Deshtiny, Co. and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Deshtiny; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Deshtiny violates any law or infringes any third party right, including any intellectual property or privacy right.

Third Party Copyrights and Other Rights

Copyright Policy

Deshtiny, Co. respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Deshtiny do not infringe any third party copyright.

Deshtiny, Co. will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Deshtiny, Co. may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

DMCA Takedown Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  • Your name, address, telephone number, and email address (if any).
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on Deshtiny, sufficient for Deshtiny, Co. to locate the material.
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  • A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

You may submit this information via email to support {at} deshtiny.com

DMCA Counter-notification

If you believe that your material has been removed by mistake or misidentification, please provide Deshtiny, Co. with a written counter-notification containing the following information:

  • Your name, address, and telephone number.
  • A description of the material that was removed and the location where it previously appeared.
  • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Deshtiny, Co. may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
  • Your electronic or physical signature.

You may submit this information via email to support {at} deshtiny.com

Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.

Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.

In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

Deshtiny, Co.’s Copyright Agent

You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Deshtiny, Co.’s Copyright Agent:

Email: support {at} deshtiny.com

Other Complaints

You may send non-copyright complaints to:

Email: support {at} deshtiny.com

General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of Deshtiny must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Deshtiny, Co. and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Deshtiny, Co. in exercising any right hereunder will waive any further exercise of that right. Deshtiny, Co.’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Deshtiny, Co.’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Deshtiny, Co. electronically. Deshtiny, Co. may provide all such communications by email or by posting them on Deshtiny. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at support {at} deshtiny.com

Nothing herein shall limit Deshtiny, Co.’s right to object to subpoenas, claims, or other demands.

MODIFICATION; ENTIRE AGREEMENT:

This Agreement may not be modified except by a revised Terms of Service posted by Deshtiny, Co. on Deshtiny or a written amendment signed by an authorized representative of Deshtiny, Co. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Deshtiny, Co. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

END OF DOCUMENT.

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