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Terms of Use

WELCOME TO DESIROOMIES.COM. We hope you find it useful. By accessing our servers, websites, or content therefrom, you agree to these Terms of Use ("TOU"), last updated October 3, 2017.
LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access our website in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from Desiroomies.com, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. You agree not to use or provide software or services that interact or interoperate with Desiroomies.com, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI")
MODERATION. You agree we may moderate website access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree to not bypass said moderation, we are not liable for moderating, not moderating, or representations as to moderating, and nothing we say or do waives our right to moderate, or not.
SALES. You authorize us to charge your account as per agreement. Unless noted, fees are in US dollars; tax is additional. We may refuse purchases, which may place a hold on your account. All fees are non-refundable, even for posts that are removed.
DISCLAIMER. SOME JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND ALTERNATIVE CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CAN’T BE WAIVED.
To the extent permitted by law, (1) we make no promise as to Desiroomies.com, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and website is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your Desiroomies.com use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $10 OR WHAT YOU PAID US IN THE PAST YEAR.
CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your Desiroomies.com use is governed by New Jersey ("NJ") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in , NJ  (except agreed upon by us for any other location); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against Desiroomies.com (6) (except government agencies) to indemnify our Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your website use; (7) you are liable for terms of use breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate.
MISC. Users complying with prior written licenses may access Desiroomies.com thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If you feel content infringes your rights email us.
 
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