Terms of Service

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The following terms and conditions govern all use of the DesertFox website and all content, services and products available through the website, including, but not limited to, the DesertFox client area (collectively referred to as the Website).

The Website is owned and operated by DesertFox. The Website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, DesertFox Privacy Policy) and procedures that may be published from time to time on this Site by DesertFox (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DesertFox, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  • Client Area Account:You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify DesertFox of any unauthorized uses of your account or any other breaches of security. DesertFox will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  • Contribution to Website:If you leave comments anywhere on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
    • you have fully complied with any third-party licenses relating to the Content and have done all things necessary to successfully pass through to end users any required terms.
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
    • the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
  • By submitting Content to DesertFox for inclusion on our Website, you grant DesertFox a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for displaying, distributing, promoting, marketing or any other lawful use.
  • Without limiting any of those representations or warranties, DesertFox has the right (though not the obligation) to, in DesertFox sole discretion (i) refuse or remove any content that, in DesertFox reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in DesertFox sole discretion. DesertFox will have no obligation to provide a refund of any amounts previously paid under these circumstances.
  • Payment:The Website offers numerous products and services for sale. The Website does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
  • Responsibility of Website Visitors:By operating the Website, DesertFox does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. DesertFox disclaims any responsibility for any harm resulting from the use by visitors of the Website.
  • Copyright Infringement and DMCA Policy:As DesertFox asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SocialEngine.com violates your copyright, you are encouraged to notify DesertFox in accordance with common DMCA policies. DesertFox will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of DesertFox or others, DesertFox may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, DesertFox will have no obligation to provide a refund of any amounts previously paid to DesertFox.
  • Intellectual Property:This Agreement does not transfer from DesertFox to you any DesertFox or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DesertFox, DesertFox.com, DesertFox.com logo, and all other trademarks, service marks, graphics and logos used in connection with DesertFox.com, or the Website are trademarks or registered trademarks of DesertFox’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DesertFox or third-party trademarks.
  • Changes:DesertFox reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. DesertFox may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  • Termination:DesertFox may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SocialEngine.com client account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by DesertFox if you materially breach this Agreement and fail to cure such breach within thirty (30) days from DesertFox’s notice to you thereof; provided that, DesertFox can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  • Disclaimer of Warranties:The Website is provided "as is". DesertFox and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a purpose and non-infringement. Neither DesertFox nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  • Limitation of Liability:In no event will DesertFox, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DesertFox under this agreement during the twelve (12) month period prior to the cause of action. DesertFox shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  • General Representation and Warranty:You represent and warrant that (i) your use of the Website will be in strict accordance with the DesertFox Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  • Indemnification:You agree to indemnify and hold harmless DesertFox, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.