Terms of Service

Welcome to DesktopNexus.com. Desktop Nexus created this Website for your personal enjoyment and entertainment. However, you are only authorized to access this Website or to use the materials contained in the Website if you agree to comply with all applicable laws and with these Terms of Use which constitute an Agreement between you and Desktop Nexus. PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing and using this Website, YOU AGREE TO THESE TERMS OF USE. If you do not agree with them, you should leave this Website immediately. We reserve the right at our sole discretion to modify or amend this Agreement without notice at any time. You should therefore read this page regularly to learn about any changes. If you use the Website after these terms have changed, you will be deemed to have agreed to the changes.

How You May Use the Material on Our Website

All materials contained in this Website are the copyrighted property of Desktop Nexus. All trademarks, service marks, trade names and trade dress are proprietary to Desktop Nexus and/or third party licensors. All materials in this Website shall only be used for personal, non-commercial purposes. You may view material from this Website for your own use and may download only one copy of any materials on any single computer for your personal, non-commercial use only, and you must keep all copyright and other proprietary notices attached to the downloaded material.

Any and all forms of duplication, reproduction, distribution, publication, modification, uploading, posting, copying or transmission of material from this Website is STRICTLY PROHIBITED unless you have obtained the prior written consent of Desktop Nexus. The material covered by this prohibition includes, but is not limited to, any written text, graphics, logos, photographs, audio, or video material on the Website.

You are also strictly prohibited from creating works or materials that are derived or are in any way based on the materials contained in this Website including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise.

Terms Concerning Your Submissions

You agree to not use the Service to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the DesktopNexus.com website;

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h. upload, post, email, transmit or otherwise make available 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;

i. interfere with or disrupt the DesktopNexus.com website or servers or networks connected to the DesktopNexus.com website, or disobey any requirements, procedures, policies or regulations of networks connected to the DesktopNexus.com website;

j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

k. "stalk" or otherwise harass another; or collect or store personal data about other users.

You acknowledge that we shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the DesktopNexus.com website. Without limiting the foregoing, we shall have the right to remove any Content for any reason whatsoever, whether or not it violates the Terms of Service. You acknowledge that you may not rely on any Content contained on the DesktopNexus.com website.

You acknowledge that we shall have the right to, at our sole discretion, form partnerships, agreements, or work with affiliates to distribute any media uploaded to the Desktop Nexus website for any purpose we see fit, including but not limited to marketing campaigns, network websites, and widgets (small applications used on a variety of websites, such as blogs or personal websites).

You acknowledge, consent and agree that Desktop Nexus. may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Desktop Nexus, users or the public.

Indemnity

You agree to indemnify and hold Desktop Nexus, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the DesktopNexus.com website, your use of the DesktopNexus.com website, your violation of the Terms of Service, or your violation of any rights of another.

We are not responsible for the Products of Advertisers on this Website Desktop Nexus is not responsible for and does not guarantee the price or performance of any goods, products or services advertised on the DesktopNexus.com website.

Disclaimer of Warranties

THE MATERIAL IN THIS WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. Desktop Nexus DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Desktop Nexus Potential Liability for the Website is Limited

NEITHER Desktop Nexus NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THIS WEBSITE AND THE MATERIAL CONTAINED HEREIN, OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE. Desktop Nexus WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO OR FOR INFORMATION CONTAINED IN OR PART OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Desktop Nexus, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Copyright Claims

Pursuant to the Digital Millennium Copyright Act, Desktop Nexus has designated the person listed below as its agent to receive notifications of alleged copyright infringement on the Website:

Name: Harry Maugans
Email: [email protected]

For information on our DMCA compliance, please read: www.desktopnexus.com/dmca/.

Other Important Website Use Terms

You agree that our failure to exercise or enforce any right or provision of the Agreement will not operate as a waiver of our right to enforce such terms.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the DesktopNexus.com website must be filed within one (1) year after such claim or cause of action arose or be forever barred, and expressly waive any other statute of limitation which otherwise may apply.
This Agreement is governed by, and construed in accordance with, the laws of the State of Georgia without regard to conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of the State of Georgia or the United States District Court for the Northern District of Georgia for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the DesktopNexus.com website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

18 U.S.C. Section 2257 Compliance Notice

All pictures, graphics, videos or other visual media displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995 .

The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257 or subsequent case law defining such) of any of the visual content contained in the Website.